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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
Would you not have been aware of your daughter un fastening her seatbelt, clambering forward and reaching between the seats to ferret in your handbag for her inhaler?
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 ?
i think the driver is held to be at fault with minors in the car.
Doesn't add up. If you were stopped for her not wearing a belt why do you think she undid it after you were stopped? Why would you be talking to the officer for 10 minutes away from the car? My daughter could undo her baby strap from under 2 years. The appealing bit is joking right?
It's the timeline that has me confused too Prudie.
The OP is saying that the policeman questioned her because the child wasn't wearing a seatbelt and that after she had spoken to the policeman she found out why her daughter had removed the seatbelt 10 minutes earlier- it was to get her asthma pump.

I doubt that is sufficient grounds for an appeal. The child, who is the driver's care, should either sit in the front if she may need help or should be given access to the pump or should ask you for it rather than leave her seat and clamber across.
So your saying factor that littlemisspiggy's daughter undid the belt to get the inhaler while they were both in the car and before they were stopped? Why wouldn't she have said anything? If I was driving I'd certainly notice someone in the back leaning forward to get something out of my handbag on the passenger seat.
That's what I think misspiggy is saying, prudie, as she was stopped because the child had no seatbelt.
I agree with you. I don't think it's a good enough reason for appeal
Depends where they were driving. Little miss might have been finding a suitable place to pull over.
Oh God *you're*
Question Author
Ok,
Firstly thanks everyone for your replies.
My first post here so please be gentle.
I will try to explain a little clearer perhaps?
I was looking forward at the road as you do when driving?the police vehicle came towards me on the oppisite side of the road and realised for that split second whilst I pulled in to let him pass,she then came forward and unclipped her belt.


Question Author
Old - geezer your reply the best
If she wanted her asthma pump she should have asked you for it and you could have stopped the car somewhere safe and given it to her.

She should not have taken the seat belt off herself.

If you had had a crash while she was not wearing her belt she could have shot forward inside the car at 30 mph and crashed into the back of you, perhaps killing you both.

I would not appeal, just tell your daughter NEVER to unclip her seatbelt again.
Question Author
Ok,

I would have stopped and pulled over to a safe place if i had of known at that moment in time that that was what she was doing?
Thanks for your thoughts
I'm still struggling with your time line!

Are you saying that while you had pulled over to let a police car pass the driver saw your daughter unclip her seatbelt?

How did the police car signal to you that he wanted to speak to you?

Where you issued with a fixed penalty notice (or whatever you get in these situations)?

I'm trying to be gentle but I am struggling to work out the gaps in your scenario :-(


me too eccles, difficult to get my head round this without coming across as suspicious.
We are not being told the full story here.
The police car was coming towards you on the opposite side of the road, your daughter was in the back of your car, the police then stopped you as the child was not wearing a seatbelt , is that what happened ?
If so, the police MUST have seen that the child was not wearing a seatbelt as they came towards you or at the least as they passed you,how can you say the child only undid the belt after you were stopped? Sorry the story doesn't add up. Have you actually been charged or only warned? In any case do not even think of appealing,
Question Author
As I approached the car to slow down he flashed his vehicles lights and both of our cars windows were open.
The conversation then started as why is your daughter not wearing her seatbelt?
Please enlighten me as to how this sounds suspicious?
Regards
Can you start again, from the beginning, please. I am totally confused with this story.

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