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No Seatbelt Ticket

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tennisbum64

Junior Member
What is the name of your state (only U.S. law)? NY
Received ticket for not wearing seat belt, but the ticket was written incorrectly. Under make of vehicle the ticket says Honda, when in fact it is a Nissan. Does incorrect informatiom qualify it as a defective ticket and qualify for dismissal.What is the name of your state (only U.S. law)? Does the following apply" A ticket signed by the officer is considered to be a sworn affidavit to the court that all things stated on the ticket are, in fact, true. If the officer puts down incorrect information, it may be grounds for dismissal."What is the name of your state (only U.S. law)?
 


racer72

Senior Member
The incorrect info does not prevent you from presenting a valid defense to the citation and was not an element of the violation. It likely will not be dismissed. If it is, another can be written on the spot.
 

ElJayBronx

Junior Member
This won't get dismissed...

...because you'll have a hearing either in court or, in NYC, eastern Suffolk County, Rochester and Buffalo, by a DMV Administrative Law Judge, at which the OFFICER will be present. While you can say that he was careless in not citing the correct manufacturer of the car, he WILL testify that he observed you not wearing your seat belt and it's VERY unlikely that you will win.

In many town and city courts, the prosecutor may settle the case for you before a trial; in the abovementioned DMV areas, there is NO plea-bargaining; just pay the fine on the face of the ticket or be prepared to pay up to the maximum of the statute if the ALJ decides to make things difficult for you.
 

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