Seat Belt Law and Statutory Interpretation

[UltraVires]

@eschrodinger

This seatbelt violation is clearly not a misdemeanor. It’s an infraction, right? It sounds pretty close to a parking-ticket-level offense.

WV does not have a code of traffic infractions like many states. Traffic violations are misdemeanors. The Rules of Criminal Procedure apply, however as it is not potentially jailable, you are not entitled to appointed counsel or a jury.

[ASL_v2.0]

@UltraVires

Yeah. I said this in the OP. But it is still my $25 and should be a fair procedure before it is taken from me, including the state having to establish the elements of the offense. The low amount of the fine makes it less formal, which is fine. You don’t get appointed counsel and you don’t get a jury trial, which again, is not a problem. But it does have to be a step above a kangaroo court.

If you really have a problem with this, then it seems you ought to be volunteering to take on this guy’s appeal pro bono. I mean, it certainly sounds like you’ve laid the grounds out pretty well, what with the state failing to prove an element of its case and all.