Arizona seat belt law, misdemeanor penalty, um, help?

Discussion in 'Trucker Legal Advice' started by njnewf, Nov 22, 2016.

  1. njnewf

    njnewf Bobtail Member

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    Jan 30, 2008
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    Okay, before anyone jumps on his case, my husband is OTR for almost 30 years. He's done some brainless things, so let's just get that out of the way :)
    He has bursitis in his shoulder and arthritis in his collar bone from a bad break when he was 12 (ran head long into a tree on a dirt bike, I told you he's done...well)
    He was in AZ on his way to a rest stop and his shoulder was killing him, so being only a mile or so from his stop, he took it off.
    Of course, at that particular moment, a trooper was on an overpass, actually looking for drivers not wearing seatbelts. This was part of a federal program in 10 states at the time, to collect data. It had also been over for a week.
    He is pulled over and explains why he wasn't wearing it, no excuses I know, and the trooper gives him a lecture about how many drivers he's pulled dead from rigs and the road because they weren't wearing belts. Considering he was about 25, I don't know where he patrols, but jeez.
    So he writes the ticket, husband takes it etc.
    Now, AZ is a SECONDARY seat belt state meaning they can't pull you over for not wearing one. He was not sited for anything else or even suggested it was anything but the seat belt.
    Then he finds out, in AZ it's a MISDEMEANOR.
    So we hire an attorney, who promptly screws it up. I get the head of the firm and read him the riot act and he takes the case on, pro bono.
    So we wait and wait, 2 months or more, and the attorney calls and tells him he's having a hell of a time with this judge, he actually said "he's a dick". He won't plead it down to an infraction.
    The attorney suggested we really take this to the wall because if he wants to change jobs, which he's getting ready to do with a VERY good company, it will affect them hiring him.
    So my question, has anyone ever beaten an AZ seatbelt ticket down from misdemeanor to infraction?
     
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  3. cnsper

    cnsper Road Train Member

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    That is not just an Arizona law, that is a federal regulation that CMV driver must wear their seat belt.
     
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  4. m16ty

    m16ty Road Train Member

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    I've never had any luck in small towns, I don't care how "big shot" the lawyer is, if he isn't local. You need to hire the lawyer that goes fishing with the judge on weekends.

    In the small town I live in, all the lawyers, district attorney's office, and judges are all friends. If you don't pick a lawyer from that group, it's a uphill battle from the start.
     
  5. daf105paccar

    daf105paccar Road Train Member

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    Give your hubby a clip for the seatbelt.
    That way no tension on his bones.
     
  6. cnsper

    cnsper Road Train Member

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    Every truck I have driven has one on the belt that you can flip and hold the belt in place to keep it from tightening again. Located on the door post behind the drivers shoulder.
     
  7. thejackal

    thejackal Road Train Member

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    I realize this isn't going to help but....let's compare seat belt safety data with no helmet states..the "safety" hypocrites
     
  8. dog-c

    dog-c Road Train Member

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    I got placed OOS for being off 15 minutes on my logs by a Az state trooper.

    My violation was a MISDEMEANOR - cost me $2,000 for a lawyer.

    Like you I was equally surprised and upset.
     
  9. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Not hypocritical at all. In a car, if you aren't secured in your position behind the wheel, there is a risk of being bounced out of your seat. When that happens, there is a vehicle mowing down anyone and everything in its path until it finally hits something big enough to stop it. You can't maintain (or regain) control over your vehicle if you aren't in your seat.

    On a motorcycle, by the time the helmet is going to do anything to protect anyone, the rider is already separated from the bike and it is well beyond the point where it would be possible to regain control over the situation.

    The only person helped by the helmet is going to be the person who chose to wear it. A seat belt will help the person who chose to wear it as well as anyone in the path of your vehicle should something happen that would've bounced you from your seat.
     
  10. thejackal

    thejackal Road Train Member

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    I understand your points.

    However, on a motorcycle the helmet is also designed to protect the rider from flying debris. Little rocks, bugs, etc can cause a rider to loose control causing a separation of rider bike in the first place. Choosing not to wear a helmet can be equivalent to not having a windshield in a car.

    Secondly, are school buses required to have seat belts for all the passengers? A bus is thrown around more than most anything causing kids to fly out of their seats. There is a great potential for loosing control on a bus, but is it a law?

    I agree it should be mandatory for CMVS to wear a belt. I personally think a five point harness of some sort, well designed, would be even better.

    But safety laws seem to miss the point, esp in enforcement. Now, since csa, there is money in it where pre csa, there wasn't as much. In my driving since 1985, I have been inspected, cited and randomly pulled over more in the last few years than in the 20 or so before CSA combined. Does that mean I'm less safer than before? There's no logic to that quandry.
     
  11. Ke6gwf

    Ke6gwf Medium Load Member

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    Napa Valley /Yreka CA
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    None of the helmet laws require any sort of face shield, they are simply for protecting the skull. The reason for the helmet laws is because head injury was the most common cause of death and disability in motorcycle wrecks, because even just tipping over at a red light and slapping your skull on the ground can kill you, or from the public cost standpoint, put you in taxpayer funded medical care for the rest of your life as a vegetable.
    Face shields are just smart! Lol

    A seat belt however, especially in a bus or truck where you can fall out of the drivers seat, makes it much safer for everyone else. (kinda hard to fall out of the seat in my Honda, or even my F350... Lol)

    Screenshot_20170113-225744.png
     
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