Charged with speeding and offered “no seatbelt” when I was wearing my seatbelt.

Hi, my name is Heather Ford, and I am a traffic attorney in the city of New Orleans- also known as the Traffic Ticket Lady. Today I want to talk a little bit about a no seatbelt ticket, one of the offers a prosecutor might make with you regarding a speeding ticket.

Before I get started, if you ever have any questions about a suspended license, a violation for driving with a suspended license, a traffic ticket, or anything of that nature, you can always shoot me a text or call me at 504-233-8529. You can also schedule a free strategy session at  traffictickettalks.com.

Most traffic tickets you get will have a court date at the bottom. Depending on which court you’re in, that ticket might either be an arraignment date where you plead guilty, not guilty, and you come back, or it might be the day that you actually resolve the ticket. If it’s your actual trial date, it usually means you will be given the opportunity to talk to the prosecutor. 

Depending on the jurisdiction, you will speak with a city attorney or assistant district attorney. The title depends on the jurisdiction. In many cases they will offer you the opportunity to get that ticket reduced to a non-moving violation. Typically if your speed isn’t 10-15mph over the limit or in a school or construction zone, it’s not uncommon to get an offer. Tickets can be reduced to different non moving violations. Sometimes it’s an improper equipment violation, sometimes it might be a no seatbelt violation. 

Sometimes people say yes to the deal from the assistant district attorney, then in court they go to the podium, and the judge will say, “You talked to the prosecutor, you agreed to “a no seatbelt charge”. People can get confused at this point. You may think “But I was wearing my seatbelt. What’s going on here?” The judge is offering you the deal you just agreed to with the prosecutor. 

For many people, getting a ticket reduced from speeding to no seatbelt is a win-win. It’s a less expensive ticket and for most people and normally doesn’t report as a moving violation. But be careful, in particular seatbelt violations can be a little tricky if you have a CDL. It also can be tricky if you’ve ever had other tickets on your record. If you have a fairly clean record, a seatbelt ticket is a fairly harmless, inexpensive ticket. If you have any other tickets in the last three years, it can become a moving violation. So it’s one of those that you have to be a little bit careful about. Usually improper equipment, expired NVI, or print tag is a pretty safe non-moving violation for most people.

If you get a ticket and need some guidance on what to do next, shoot me a text and I can help you understand your options with a free consultation and if you hire me, I can appear on your behalf at your court date and try to get those violations and fines reduced or dismissed. 

If you ever have any questions about DMV fees, traffic tickets, or a suspended license, I’d be happy to speak with you. You can always shoot me a quick text at 504-233-8529 or visit my website trafficticketlady.com.