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Old 06-25-2009, 08:20 PM
 
Location: Full time RV"er
2,404 posts, read 6,581,134 times
Reputation: 1497

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Quote:
Originally Posted by mm57553 View Post
I believe that not wearing your seatbelt is cause to stop you.
NO they were on a fishing trip! illegal.
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Old 06-25-2009, 09:13 PM
 
Location: Omaha
2,716 posts, read 6,898,864 times
Reputation: 1232
Didn't read any of the replies, but you will never be able to prove whether you were stopped with or without probable cause. It just doesn't happen.
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Old 06-25-2009, 09:18 PM
 
1,450 posts, read 4,253,769 times
Reputation: 981
Click it or Ticket!

I agree with the seat belt law 100%, however, I have a friend who refuses to wear one. Ok, that's her business as an adult, I guess, but what would be my liability if stopped and I'm drivving, she's the passenger and not wearing her seat belt? We've had arguments about this before
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Old 06-25-2009, 09:21 PM
 
8,007 posts, read 10,436,557 times
Reputation: 15038
Quote:
Originally Posted by Fighter 1 View Post
NO they were on a fishing trip! illegal.
Not wearing a seatbelt! Also illegal.

Sorry, not gonna get much sympathy from me.
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Old 06-26-2009, 06:53 AM
 
Location: Austin, TX
15,269 posts, read 35,657,499 times
Reputation: 8617
Quote:
but what would be my liability if stopped and I'm drivving, she's the passenger and not wearing her seat belt?
If she is 18 or older, she is completely responsible for her behavior. The driver of the vehicle is responsible for minors, though.
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Old 06-26-2009, 07:05 AM
 
Location: Central Texas
20,958 posts, read 45,423,966 times
Reputation: 24745
I believe that the driver is cited, as well, because, after all, they're driving with someone in the front seat not wearing a seat belt. As the person responsible for the vehicle, they could simply decline to move the car until the passenger complied with the law.

And, for the OP, one question. Were you wearing your seat belt? No? Then you were in violation of the law and should own up and take the consequences rather than trying to blame someone else for the consequences of your own actions.
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Old 06-26-2009, 07:17 AM
 
Location: Austin, TX
151 posts, read 348,682 times
Reputation: 109
Confident declarations that the stop was illegal or without probable cause, etc., are all well and good, but...the only thing that matters is what the judge decides when it comes up in court. Police departments all over the country use checkpoints to check for all kinds of things (seatbelts, dwi, insurance). Are you sure you know what the judge will decide when the OP shows up in court?

Last edited by AustinExPat; 06-26-2009 at 08:08 AM..
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Old 06-26-2009, 07:37 AM
 
Location: Central Texas
20,958 posts, read 45,423,966 times
Reputation: 24745
Quote:
Originally Posted by marylee54 View Post
Click it or Ticket!

I agree with the seat belt law 100%, however, I have a friend who refuses to wear one. Ok, that's her business as an adult, I guess, but what would be my liability if stopped and I'm drivving, she's the passenger and not wearing her seat belt? We've had arguments about this before
Seems I was wrong. If the passenger is 18 or over, they (the "Violator") pays (http://www.txdps.state.tx.us/lw/1c.htm - broken link). Under that age, the driver pays.
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Old 06-26-2009, 07:47 AM
 
Location: Full time RV"er
2,404 posts, read 6,581,134 times
Reputation: 1497
Quote:
Originally Posted by mm57553 View Post
Not wearing a seatbelt! Also illegal.

Sorry, not gonna get much sympathy from me.
Yep but you need to know what your rights are ! Don't just be a sheep following the sheep herder.
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Old 06-26-2009, 07:50 AM
 
Location: Full time RV"er
2,404 posts, read 6,581,134 times
Reputation: 1497
Quote:
Originally Posted by TexasHorseLady View Post
I believe that the driver is cited, as well, because, after all, they're driving with someone in the front seat not wearing a seat belt. As the person responsible for the vehicle, they could simply decline to move the car until the passenger complied with the law.

And, for the OP, one question. Were you wearing your seat belt? No? Then you were in violation of the law and should own up and take the consequences rather than trying to blame someone else for the consequences of your own actions.
Sorry, But it looks like some one else that dosen't know what their rights are, or dosen't want to defend them if they are known > Sad!
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