Fined for Rear Passenger Not Wearing Seat Belt When Engine in Stop Condition

Lright195104 on 13/08/2023 - 20:35

Long time lurker and have always been benefited from this group, first time posting, so please go easy :)

I have faced a weird situation recently. Was asked to stop the car for random drug test near Melbourne CBD area. I moved to the testing lane and then stopped the car near the officer to participate in the drug test. My brother wearing a thick puffer jacket was sitting in the rear passenger seat. While the engine was in stop state, for 30secs he opened the seat belt to take the puffer jacket out, as it was hot inside.

The officer spotted and handed over 4 demerit points and $396 fine. I politely said, engine was in stop condition when seat belt was opened, but he did not listen.

Already requested a fine review and has been denied. Shall I contest at court or accept that at fault and pay the fine?

P.S. Financially doing difficult at the moment. Hence reaching out. Please help me with your opinion / suggestion.

Poll Options expired

  • 46
    Could have been given a warning.
  • 29
    At fault, pay the fine.
  • 568
    Contest at court and might be able to win.
Automotive

Comments

  • MrKnowItAll on 15/08/2023 - 19:07

    OP, I'm curious, did you give any attitude (even if only interpreted like that) or are you on P-plates? I find it hard to believe they'd pull you in for a drug test and then slap you with a fine completely at random.. I know the drug tests are random, but I've only been asked once.. back when I was young, had long hair and a low + loud car.

    Reason I ask is that unfortunately some cops are just assholes. I've been breath tested and pulled over for "license checks" (funnily enough only on P plates) a few times and most encounters are great, one even gave me a warning when I absent mindedly turned through a red arrow one morning (early.. 2am) driving around to get our newborn back to sleep - I think he just wanted to get away from the screaming, colicky baby but who knows.
    Anyway, one of those "license checks" was by a cop who had a massive chip on his shoulder, argued that the tint was "very illegal" despite me keeping the receipt in the glovebox, he said the car was lifted when it was clearly not aftermarket suspension and tried to argue that my driving lights were illegal despite me wiring them to the ADR specs (can never be too careful). In the end after threatening to arrest my grandmother for asking what the holdup was he sheepishly gave me a "warning" and sent us on our way. Moral of the story is no matter how polite you are, get the wrong cop on a bad day and they'll make your day a misery just for the sake of it.

    You absolutely should fight this one as what you and your brother did was perfectly legal and, had they not pulled you in for a test in the first place, this would never have happened.

    • Protractor on 15/08/2023 - 19:38
      +1

      Other moral is that AH cop is promotion material. The circle continues

  • DASHCAM NOW DUDE on 15/08/2023 - 20:14

    A dashcam with interior recording would have been handy.

    • Empharand on 15/08/2023 - 20:29

      Nah we would have preferred a series of MS Paint diagrams

    • Protractor on 15/08/2023 - 20:56

      Maybe so, but if we need cameras in cars to disprove false or heavy handed charges, what does that say about the quality of police recruits? Who do they 'actually' serve?
      Would that mean the cops go harder on owners with cams in cars?
      Payback? Extra attention?
      Would those without cams wear the brunt?

  • chumumay on 16/08/2023 - 07:16
    +1

    I wasn’t there so not meaning to call you a liar or anything. Devils advocate.
    What do you do if the policeman says he had his belt off the whole time?

    • right195104 on 16/08/2023 - 20:38

      With that it will be death of humanity!

  • Slopshua on 16/08/2023 - 16:13

    If OP's story is true this incident encapsulates just how messed up this country has become.

    I spend a lot time all over the world in my line of work and I am yet to come across a western nation that needs to get its head out of its ass quite like Australia does. We treat eachother like garbage here 😔 its really sad

    • mlburnian on 16/08/2023 - 22:37

      It’s especially bad in Melbourne..absolute nanny state

    • bobolo on 18/08/2023 - 10:10

      Honestly - this happens around the world in all places…even significantly worse in less developed countries. Social media and online communities have just put it in spotlight in recent years

      Think about the amount of police corruption and targeted arrests in the 70's to certain ethnic groups or simply cops going on power trips with no way recording the situation/collecting evidence.

      It was just more accepted because people didn't have a voice and couldn't do anything. You just had to avoid certain situations and I'd say "street smarts" back then were of a lot more importance

  • Protractor on 18/08/2023 - 10:49
    -1

    Time to overhaul the police recruitment system. More cops ex NZ and England, Especially at the top.
    Till the culture shifts back towards the community.
    Better psyche testing, more ability to open police culture to scrutiny and PROPER accountability.
    Rapid processing of suspended police. The whole idea of just 'more police' is making the culture worse. We need better policing ,not more. And police should not be investigating police over serious /lethal incidents or corruption, unlawful access to data etc.. That should be done completely independently.

  • TEER3X on 20/08/2023 - 06:31
    +1

    Already denied fine review, it's time to pay it and move on

  • Baysew on 02/11/2023 - 16:56

    What is the final outcome, did you go to court or just pay the fine?

  • Widget on 16/01/2024 - 21:27

    Any update? Did you take the matter to court ?

    • kerfuffle on 16/01/2024 - 21:37

      OP hasn't been here in two months, so don't expect an update any time soon.

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