If you were issued a seat belt ticket because you were wearing the seat belt but had it positioned under your arm instead of properly secured across your shoulder and lap, you may have limited grounds to challenge or fight the ticket. Here are a few factors to consider:
1. Local Laws and Regulations: Refer to the local laws and regulations in your jurisdiction to understand the specific requirements for seat belt usage. Some jurisdictions may have specific provisions addressing improper or incorrect seat belt use, while others may consider any deviation from proper usage as a traffic violation.
2. Officer's Discretion: In many cases, the decision to issue a seat belt ticket lies with the discretion of the law enforcement officer. If the officer observed you with the seat belt positioned under your arm, they may have interpreted it as non-compliance with the seat belt law. While this doesn't always mean that the ticket was necessarily fair or justified, it can influence the outcome of your challenge.
3. Evidence and Explanation: If you decide to fight the ticket, you may have the opportunity to present your case in court. You can argue that you were technically wearing the seat belt, albeit not in the optimal position. However, the court may still find this insufficient as it doesn't meet the standard of proper usage.
4. Risk and Penalty: Consider the potential risks and penalties associated with fighting the ticket. If you contest the ticket and lose, you may end up paying the fine, court costs, and additional fees. If this amount exceeds the initial fine for the seat belt violation, it may not be worth the effort to fight the ticket.
5. Legal Representation: Depending on the severity of the offense and your jurisdiction's laws, you may want to consult with a traffic attorney who specializes in these types of cases. An attorney can assess the specific circumstances and advise you on whether fighting the ticket has a reasonable chance of success.
In general, fighting a seat belt ticket for incorrect usage (such as wearing it under your arm) is challenging and the chances of success can be slim. While it's crucial to ensure safety and proper seat belt usage, the enforcement of these laws often takes precedence over any perceived technicalities in adherence. It's always best to wear your seat belt correctly for your own safety and to avoid potential legal consequences.