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Courts/ Seatbelts

1270 Views 4 Replies 4 Participants Last post by  Irish Wampanoag
Now everyone knows that some other moving violation is needed to stop someone for a seatbelt. I was under the impression from experience that If I was having a good day, I didn't have to write a person for both violations. Give them a verbal for speed or whatever and gig them for the seatbelt..... I had one that was appealed and the magistrate found them not responsible....... Told the court officer that you had to write them for both violations. Now we all know that Mass courts are for criminals, but has anyone had this happen before? :?:
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I was told by my supervisors in that situation that you need to write the speeding down on the citation, because if you just cite them for the seatbelt, when it is appealed to the magistrate, it doesn't say what the initial stop was for, seeing as a seatbelt vio. is a "secondary offense". It is basically just to cover yourself, when you hav to go to court for that.
I've written down the primary offense as a warning (written warning) and cited with a fine for the seat belt violation. Have not had a problem to date.
Road Dog,
I agree with the others. You have to write down the chapter section you stop the individual for and charge them as such. What I do is once I write them I put a slash across the fine amount and just charge them with the Seat Belt violation in total box. Even in a warning I charge them with the inital stop but I put a slash threw the fine amount/s and write O in the total box and check off the the warning and circle it because our illeterate student will pay it unless I do it that way. I never had a problem yet
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