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California State Law question

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  1. RioMata RioMata is offline

    Klamath Falls, OR
    United States

    Posts: 220
    Joined: Jun 08

    Apr 6th, 2009 (4/6/2009 12:12am)

    I was on a business trip a while back and we were driving a 15 passenger van ('08 chevy) through Cali, on the 5. Had to haul a trailer so we couldn't fly.

    We are on our way home when we get pulled over by one of those awesome california highway patrolmen. He kind of pulled up next to the van at first and was just kinda staring at us...(WA plates in Cali, weird right?) Well anyway, he wrote 5 of us seatbelt tickets. I have no idea how he could see in there, the windows are tinted and 3 of us were on the side of the van opposite the side he was looking at. We didnt even put our seatbelts on because of the fact that we all thought it was ok to not wear a seatbelt in the back of those things. Which I know for a fact it used to be in Oregon.

    Im having trouble finding the exact reg on this in Cali. Does anyone know the rule for sure? I know 15-pax vans are kind of in their own class and escape some of the laws somehow.

    I need to get this thing dropped if at all possible. The cop was pretty high-speed and couldnt remember the price of the ticket either so he probably didn't know what he was doing...and he was from California, so yeah..

    Thanks in advance.
     
  2. cminer25 cminer25 is offline

    CA
    United States

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    Apr 6th, 2009 (4/6/2009 12:16am) in reply to RioMata

    It should give you the exact law you broke on the ticket, shouldn't be hard to google it from there. Most likely tho its not worth your time coming back here to try and fight them. It'll cost you more to come back then the amount of the ticket.
  3. RioMata RioMata is offline

    Klamath Falls, OR
    United States

    Posts: 220
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    Apr 6th, 2009 (4/6/2009 12:22am) in reply to cminer25

    Normally I would agree with this but that is my third ticket in 3 years and insurance might drop me.

    I doubt the cop knew more than the actual name of the law he was writing a ticket for...

    Im googling the shit out of this fwiw.
     
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  4. wowswift wowswift is offline Fold to cash, skeet to win.

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    Apr 6th, 2009 (4/6/2009 12:25am) in reply to RioMata

    go to traffic school, i will do it for you for a small fee of 25 bucks and have it done in an hour. (obv this option is availble to erase this ticket if you haven't been to traffic school within the last 18 months, otherwise you're sol)

    experience: i've taken it 4 times and have it memorized
  5. TheFirm53 TheFirm53 is offline

    Chicago, IL
    United States

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    Apr 6th, 2009 (4/6/2009 12:26am) in reply to RioMata

    i wouldn't think that a seatbelt ticket would be a moving violation. So your insurance should not be effected.
  6. wwe_freak_88 wwe_freak_88 is offline

    San Jose, CA
    United States

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    Apr 6th, 2009 (4/6/2009 12:27am) in reply to RioMata

    i think in CA that if you dont have a seatbelt on its a ticket regardless
  7. RioMata RioMata is offline

    Klamath Falls, OR
    United States

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    Apr 6th, 2009 (4/6/2009 12:28am) in reply to TheFirm53

    Ok good. I hope not. I just remember them telling me one more ticket and they would have to review my account after the last one.

    And it was in SLO county...yeah it would cost me a lot more than the ticket to go down there. fml
     
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  8. wowswift wowswift is offline Fold to cash, skeet to win.

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    Apr 6th, 2009 (4/6/2009 12:28am) in reply to RioMata

    traffic school is online mang, you do this over the internets and request it via mail
  9. TheFirm53 TheFirm53 is offline

    Chicago, IL
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    Apr 6th, 2009 (4/6/2009 12:31am) in reply to wowswift

    i found this info on a insurance website for CA:

    Likely you were cited for driving without a seat belt under 27315(d)(e) of the California Vehicle Code which states the mandatory use of safety belts is required. Subsection h of this part of the California Vehicle Code states:
    <blockquote dir="ltr">
    (h) Any violation of subdivision (d), (e), or (f) is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense, and a fine of not more than fifty dollars ($50) for each subsequent offense. In lieu of the fine and any penalty assessment or court costs, the court may order that a person convicted of a first offense attend a school for traffic violators or any other court-approved program in which the proper use of safety belts is demonstrated.
    </blockquote>
    The fine listed for a ticket for the 27315 offense on the CA Uniform bail schedule is $76.00. This is for a first offense so as you can tell the $20 penalty grows a bit when you add on court costs, county fees, etc.

    If this is your first offense for a seat belt offense you may see if you are allowed to take a traffic school class instead paying the fine, assessment and court costs. In general in the State of California you must not have attended traffic school on a prior citation issued within 18 months of the issue date of your present citation in order to be eligible for traffic school. If you have not taken traffic school in the last 18 months then you may want to see about taking it for this offense and thus keeping it off your record.

    If you were cited under a different portion of the California Vehicle Code you can search the laws here to see if it lists what the fine amount will be and also look at the Uniform Bail Schedule for CA.

    If you were cited for driving without a seat belt we do not see any DMV points listed for this offense unless instead it was a child that was not properly buckled in than you would receive a point on your CA driving record. California courts and DMV are very serious when children under 16 are not properly secured in a vehicle. If cited for a child passenger seat restraint not being used, drivers may receive one “point count” on their driving record in CA.

    Generally, this type of ticket or violation will not cause your insurance premiums to rise. However, there are situations when it might raise your rates if you have a high frequency of being cited for driving without a seat belt since it may appear to an insurance company that you drive regularly without your safety belt on and thus be more of a risk to them for being injured in an accident.

    Some carriers may remove discounts for safe driver, which is not technically raising your rates, but the bottom line is that your rates are higher. Keep in mind that each insurance company has their own rating system so to find out how your insurance carrier deals with seat belt violation convictions ask your insurance agent about the company's rating system.
  10. cminer25 cminer25 is offline

    CA
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    Apr 6th, 2009 (4/6/2009 12:34am) in reply to wwe_freak_88

    There are certain vehicles that you don't have to wear one, like a school bus or big RV. In the OP's case tho I think you are required to wear a seatbelt, unless I'm misunderstanding the type of van.
  11. curiousgeorge curiousgeorge is offline baby duck hat

    Las Vegas, NV
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    Apr 6th, 2009 (4/6/2009 1:24am) in reply to cminer25

     
    Originally Posted by cminer25 View Post

    There are certain vehicles that you don't have to wear one, like a school bus or big RV. In the OP's case tho I think you are required to wear a seatbelt, unless I'm misunderstanding the type of van.

    might be the most retarded thing ever. lets kill all the kids. sounds like a great plan.
  12. RioMata RioMata is offline

    Klamath Falls, OR
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    Apr 6th, 2009 (4/6/2009 1:25am) in reply to RioMata

    Thanks for the help guys. Ill be looking into that traffic school option it looks like. Last time I did it was about 4 years ago and we had to go to a class in person. Should have guessed it would be online by now though.

    Thanks for finding that stuff Firm.
     
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  13. RichardHurtz RichardHurtz is offline

    Russian Federation

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    Apr 6th, 2009 (4/6/2009 3:25am) in reply to RioMata

     
    Originally Posted by StackMe0ff View Post

    Normally I would agree with this but that is my third ticket in 3 years and insurance might drop me.

  14. wowswift wowswift is offline Fold to cash, skeet to win.

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    Apr 6th, 2009 (4/6/2009 4:56am) in reply to RioMata

     
    Originally Posted by StackMe0ff View Post

    Thanks for the help guys. Ill be looking into that traffic school option it looks like. Last time I did it was about 4 years ago and we had to go to a class in person. Should have guessed it would be online by now though.

    Thanks for finding that stuff Firm.

    srsly traffic school online is easy, if you want to breeze thru, just ask me, i rly did take it 4 times, any trick question or shit just shoot a PM
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