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Not Wearing A Seatbelt

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Littlemisspiggy | 12:36 Sat 14th Sep 2013 | Law
46 Answers
Recently stopped for my daughter not wearing her seatbelt in the rear of my car she is 6.
Whilst the officer questioned me as to why I could not answer as I explained that I always put her belt on before we leave for any journeys.
I was away from the car for around 10 mins speaking to the officer.
When I returned my daughter was hysterical and explained to me that she unclipped her seatbelt to reach for her asthma pump which was in my handbag on the passenger seat.
I felt dreadful knowing that she was in the car by herself for an significant amount of time whilst I was getting a talking to by the officer
I was thinking of appealing?
Any thoughts welcomed
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As someone with no knowledge of law, it sounds to be to be worth a try. First offence, as it were, plausible explanation. Only 'fly in the ointment' might be to short time between unclipping and you becoming aware, how likely the law spotted it in that short period ? Do you think you can convince ?
12:42 Sat 14th Sep 2013
It is suspicious as the officer would NOT have flashed you to stop unless he had already seen that the child was not wearing a seatbelt, you have just blown your story.
Right, so as the police car tried to pass you this was at the same time your daughter reached into the front seat?
Did he flash his blue lights?
Misspiggy, if you read your posts back to yourself you will see that you are contradicting your own timeline.

If you have any hope of an appeal (doubtful, given that the driver is responsible for a child) you need to have a very clear account of what happened with an equally clear timeline.
ummmm , she has already said that the police car flashed her as it was approaching! therefore it MUST have seen that the child was already out of her seat belt as they were coming towards her car.This story is a cover up, proved in my mind by the fact that she has given 'best answer' to the one reply that supports her view.( I am sure old geezer has not realised exactly what happened here.)
In the first post you say that you were questioned away from the car for 10 minutes and that in this time the child was alone in the car without a seatbelt ? Sorry ! another load of rubbish, no police officer would take the driver away from the car while leaving a 6 year old unattended in the back, seat belt or not.
what exactly are you appealing? Did you get an FPN? a conviction? A caution?
At no point has Littlemiss suggested that she got more than a talking to. I just can't see what there is to appeal against.
From what's described it sounds to me like the PC saw a child silhouetted inbetween the front seats.
Doesn't matter what the reason - the laws of physics mean a loose person in a car is endangering themselves and others.
Tell your child to keep her seat belt on and to ask you for medication, not try to get it herself.
Question Author
Thanks mosaic for your comment,
Some good points made.
Eddie 51,no cover here to blow, yes you are correct in saying that clearly the officer saw my daughter without a belt,that was the sole reason why I was asked to stop, and rightly so.

Miss piggy wiggy

Kermie here - mwah mwah.....

It is a fixed penalty ? sorry that was a question.
I would pay it and put it down to experience

He was right and you were wrong and you just have to accept it.

It was a bad day for the p'liceman and in terms of shooting a fella carrying a chair leg or tasering a blind man [ because of something]. You score about
1/2 out of ten. You should be thankful they didnt take the child into care or put her in a Rochdale children's home

I was in a similar position - and Jesus he looked so pleased he had nabbed a law breaker total fixed fine - £20.
I sat there whilst he was jabbering to me about God knows what - thirty to the dozen - and I thought - God I think he is gonna arrest me for not wearing a seat belt. - do they REALLY have nothing better to do ?

pay and put it down to experience - we all do.


You should re-post as Aren't our Police wonderful - a p'liceman caught my vomiting asthmatic child without a seat belt and didnt shoot it because he thought she had rabies ! That's the service we pay for !


// I was thinking of appealing? // as Kermie you will always appeal to me


// Any thoughts welcomed// have a good week end.
so, for the third time, what do you wish to appeal against? Did you get an fpn? caution?conviction?
Question Author
Kermit,
Ur hilarious,thanks count my lucky stars
Good wk end to u

//I was thinking of appealing? //

Appealing what?
You don't say you have been given any sort of penalty,
so is it just that you don't like talking to Policemen?
hello hello, am i using invisible ink?
I'm with Bednobs here in thinking I am using invisible ink.

Misspiggy you have not clarified what you wish to appeal but have gone on to say you were 'asked to stop, and rightly so'.

Just what do you wish to appeal?
i can see you eccles
A six year old should know better, even my very mischievous five year old knows she doesn't take her seat belt off until we have stopped.
how does it take 10 minutes away from the car to talk to a police officer? he wouldn't have had the time, unless he was checking your details which he wouldn't do unless there was something odd going on. You do not mention the outcome of your 10 minute chat though.
I thought that child car seats (not seat belts) were compulsory for children up to the age of twelve or the child was 135cm. height?
(If you meant to say that she was sitting in a car seat without the belt fastened across please excuse this answer.)

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