PEOPLE v. BARBARA COSGRIFF OVERLAND












Filed 2/18/11ADVANCE y72









CERTIFIED FOR PUBLICATION

APPELLATE DIVISION OF THE SUPERIOR COURT

OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES



THE PEOPLE, ) No. BR 048480
)
Plaintiff and Respondent, ) (Trial Court
) No. 596765)
v. )
)
BARBARA COSGRIFF OVERLAND, )
)
Defendant and Appellant. ) OPINION AND JUDGMENT
)

APPEAL from a judgment of the Superior Court of Los Angeles County, Lawrence Cho, Judge. Affirmed.
Law Offices of Mark E. Overland and Mark E. Overland for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
* * *

Defendant Barbara Cosgriff Overland appeals her conviction for failing to be properly restrained by a safety belt (Veh. Code, § 27315, subd. (d)(1)),^[1] on the ground that wearing only a lap belt without the shoulder harness is not a violation of the statute. We reject her contention and accordingly affirm the judgment.
BACKGROUND
The evidence at trial was undisputed. On April 29, 2010, Santa Monica Police Department Officer Ortiz observed defendant driving a 2002 Lexus 300RX northbound on Main Street in the City of Santa Monica. Defendant was wearing the lap belt portion
of a seatbelt assembly, but had the shoulder harness portion tucked behind her back. Officer Ortiz effected a traffic stop and issued a citation for the above-referenced infraction. The court found defendant guilty and imposed a fine. This timely appeal followed.
DISCUSSION
Defendant contends that the statutory requirement that all motorists and passengers be â€