NYC - 1229-C child in rear under 16 yrs old help!

[angiew0214]

What is the name of your state (only U.S. law)? New York (NYC)

Hi,

I got pulled over today while driving a family friend and his child (4 yrs old) back home and was given a ticket for
"child in rear under 16 yrs old without seat belt". violation: 1229-C 1(a)

I was going though [url=http://www.nysgtsc.state.ny.us/seat-vt.htm]Vehicle & Traffic Law - Section 1229-c[/url] and found this paragraph:

6. The court shall waive any fine for which a person who violates the provisions of this section would be liable with respect to passengers under the age of seven if such person supplies the court with proof that, between the date on which he is charged with having violated this section and the appearance date for such violation, he purchased or rented a child restraint system which meets the requirements of subdivision one of this section. Provided, however, that such waiver of fine shall not apply to a second or subsequent conviction under this section.

This is my first infraction and I'm unsure what to do. Since this is the only time I would be driving the kid (4 yrs old) and I have no child of my own, should I go out and purchase a child restraint???

Also, would there be any points on my record if I plead guilty?

Thank you in advance

[The Occultist]

I guess that is up to you. Which costs more: the new seat, or the fine?

[angiew0214]

Originally Posted by The Occultist

I guess that is up to you. Which costs more: the new seat, or the fine?

Thanks for the response The Occultist,
So my interpretation of this is correct and I would be able to go out and purchase a child restraint to have this first infraction removed right?

How should I respond to the ticket? Plead guilty or not guilty? Thanks in advance

[HighwayMan]

This is three points on your driving record in New York State.

The statute says "waive the fine". That saves you a minimum of $40. That does not mean "waive the conviction".

A child seat will probably cost you more than $40, so you gain nothing.

You can still be convicted and get the points on your license. And don't forget, you STILL have to pay the surcharge of $80 even if the fine is waived.

It is your responsibility as a driver to make sure children in your vehicle - anyone's children - are properly restrained according to the law.

[jenny001]

The fine or the cost of one child restraint the babe s mother pays you and the conviction you plead guilty,ok?

[Zigner]

Originally Posted by jenny001

The fine or the cost of one child restraint the babe s mother pays you and the conviction you plead guilty,ok?

That makes no sense.

The only thing I can even see you are advising is for our OP to seek compensation for any money paid from the parent of the child. However, there is no reason for that. It is the DRIVER'S responsibility.