Legal Question in Traffic Law in California

I was at a 4 way stop sign when my pen rolled under my brake pedal. I put the car in park after checking that no one was behind me; unbuckled my seatbelt and got the pen. When I straightened up I saw a CHP at the left stop. I put on my seat belt and continued straight into a parking lot. The CHP gave me a ticket for not having my seat belt on even though it could have caused an accident with the pen under the brake pedal. I asked another CHP officer later if this was a correct ticket and he said I should fight it. That the original officer had not been trained correctly. What is your opinion?


Asked on 5/09/12, 7:52 pm

2 Answers from Attorneys
Andrew Roberts Roberts Law Group

Fight it!

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Answered on 5/10/12, 12:22 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

I second the motion. You have what is called a necessity defense. That is you violated the law in order to prevent a greater harm. You took your seat belt off because you reasonably believed that it was necessary to do so in order to prevent bodily harm to yourself or others.

Good luck

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Answered on 5/10/12, 9:56 pm


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