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received ticket for child not in car seat

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econnergy

Junior Member
What is the name of your state (only U.S. law)? new york
received ticket beceause child was not in car seat, his mother was holding him in the back seat, we have a car seat in the car, but we were about to park, and child was cranky, officer incorrectly filled out ticket with some incorrect information
he filled in the same date for license and registration experation, eventhough they are different, and also for sate of license he wrote n, instead of nj, is this enough to disqualify ticket, please advise, it seems even if i plead not gulity i will have to tavel back to ny for a hearing the violtion code is 1229-cia, are there any points for this violation
please advise
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? new york
received ticket beceause child was not in car seat, his mother was holding him in the back seat, we have a car seat in the car, but we were about to park, and child was cranky, officer incorrectly filled out ticket with some incorrect information
he filled in the same date for license and registration experation, eventhough they are different, and also for sate of license he wrote n, instead of nj, is this enough to disqualify ticket, please advise, it seems even if i plead not gulity i will have to tavel back to ny for a hearing the violtion code is 1229-cia, are there any points for this violation
please advise
I see you think it's okay for you to omit a letter or two when you write. :cool:
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? new york
received ticket beceause child was not in car seat, his mother was holding him in the back seat, we have a car seat in the car, but we were about to park, and child was cranky, officer incorrectly filled out ticket with some incorrect information
he filled in the same date for license and registration experation, eventhough they are different, and also for sate of license he wrote n, instead of nj, is this enough to disqualify ticket, please advise, it seems even if i plead not gulity i will have to tavel back to ny for a hearing the violtion code is 1229-cia, are there any points for this violation
please advise
Way to go.

As the driver, you are legally responsible for the safety of ALL of your passengers - including the little ones. You are required BY LAW to keep a child in a car seat until the vehicle is safely parked. What would you have done if someone side-swiped the car moments before you parked. How unfortunate would it be for you if that child were killed or seriously injured by being thrown around that car unprotected?

By your own admission, mom was in the back seat, calming a cranky baby. Better to have a fussy baby for a few minutes than a dead one due to your own negligence. You're lucky that the only consequence was a ticket. Stop whining and looking for any excuse you can find to try and evade the penalties for your momentary lapse of judgment and pay the ticket already.
 

latigo

Senior Member
Way to go.

As the driver, you are legally responsible for the safety of ALL of your passengers - including the little ones. You are required BY LAW to keep a child in a car seat until the vehicle is safely parked. What would you have done if someone side-swiped the car moments before you parked. How unfortunate would it be for you if that child were killed or seriously injured by being thrown around that car unprotected?

By your own admission, mom was in the back seat, calming a cranky baby. Better to have a fussy baby for a few minutes than a dead one due to your own negligence. You're lucky that the only consequence was a ticket. Stop whining and looking for any excuse you can find to try and evade the penalties for your momentary lapse of judgment and pay the ticket already.
The OP has inquired as to the legality and the consequences of the citation. He did not solicit one of your priggish, schoolmarm’s lectures on life's lessons!

Which when speaking of “seats” are a pain in that part of the anatomy.
 

ecmst12

Senior Member
Hard to argue against a ticket that you so clearly deserved. The car was running and moving and the child was not in the car seat. End of story. Children get fussy sometimes, it doesn't cause them any lasting harm to wait until the car is ACTUALLY parked to get out of the chair.
 

You Are Guilty

Senior Member
Relevant statutes:
VTL § 1229-c said:
Operation of vehicles with safety seats and safety belts. 1.
No person shall operate a motor vehicle in this state unless: (a) all
back seat passengers of such vehicle under the age of four are
restrained in a specially designed seat which meets the Federal Motor
Vehicle Safety Standards set forth in 49 C.F.R. 571.213 and which is
either permanently affixed or is affixed to such vehicle by a safety
belt, or in the event that the weight of such passenger under the age of
four exceeds forty pounds, such passenger may be restrained (i) in an
appropriate child restraint system as defined in subdivision four of
this section used with combination lap safety and shoulder harness belts
or (ii) by a lap safety belt in the event such vehicle is not equipped
with combination lap safety and shoulder harness belts or all the
combination lap safety and shoulder harness belts are being used to
properly restrain other passengers who are under the age of sixteen;
VTL 1229 said:
5. . . .
Any person who violates the provisions of subdivision one, two, eleven or
thirteen of this section shall be punished by a civil fine of not less
than twenty-five nor more than one hundred dollars. In any prosecution
or proceeding alleging a violation of paragraph (b) of subdivision one
or paragraph (c) of subdivision two of this section, it shall be an
affirmative defense that the passenger subject to the requirements of
such paragraphs was restrained by a safety belt and measures more than
four feet nine inches in height and/or weighs more than one hundred
pounds.
[highlight]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 eight 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.[/highlight] Provided, however, that such waiver of
fine shall not apply to a second or subsequent conviction under this
section.
Note the highlighted section.

The OP has inquired as to the legality and the consequences of the citation. He did not solicit one of your priggish, schoolmarm’s lectures on life's lessons!
Yeah, that's part of the bonus package.
 

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