Backseat Age7-15 No/Impropr Seatbelt (NY)

[cxsisback]

Seatbelt Ticket New York State

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

I got a ticket for Back Seat Passener Age7-15 No/Impropr Seat Belt under New York State Vehicle and Traffice Law.

The fact is, when I stopped the car as requested by police, the kids released their seat belts as they alway do after stop.

I would like to plead not guilty. But it is too much hassle for me to appear in court as I lives in Canada.

Any advices how I should respond? and how much will be the fine?

I am also confused with the dates, it says "return by mail before or in person on: 11/30/2009" on the left side of the ticket, but also says "mail this NOT GUILTY plea within 48 hours...".

Thanks for helping.

 

[HighwayMan]

Sounds like you got a TRACS ticket (computer printed?)

The side with the plea information has both guilty and not guilty sections with instructions for each. Sounds like you're only reading half of that side.

The court must get the ticket back with your plea by the date on the ticket.

The minimum fine should be $40 with an $80 state surcharge on top of it, for a total of $120. This infraction also carries three (3) points on your driving record, and depending on your province the points may or may not mean anything to you (do you live in Ontario?).

If you want to fight it you should contact the court to see if they have any system in place for out-of-towners. The problem in NYS is that in general there is no system in place for fighting tickets by mail by affidavit.

If they don't then your only option would be to hire a local attorney to appear for you.

In most courts plea bargaining is common, so there is a chance that the charge would be reduced, maybe not in terms of fine but points.

 

[cxsisback]

Thanks, HighwayMan.

Yes, I live in Ontario, do you happen to know whether it affects my driver points?

I read both Section A (Plea of Guilty) and B (Plea of not guilty), what I am confused is the date note in Section B ("mail this NOT GUILTY Plea within 48 hours...), which is different from "11/30/2009" mentioned on the other side of the ticket.

 

[HighwayMan]

Yes, I live in Ontario, do you happen to know whether it affects my driver points?

Yes, Ontario and NY apparently have a special relationship and the points will show up on your Ontario driving record.

I read both Section A (Plea of Guilty) and B (Plea of not guilty), what I am confused is the date note in Section B ("mail this NOT GUILTY Plea within 48 hours...), which is different from "11/30/2009" mentioned on the other side of the ticket.

Why it says that I don't know. The court must get the ticket back by the return date printed on the ticket. Of course, it's better to mail it as soon as possible as long as you know how you will plea. I wouldn't worry about the apparent "conflict" in instructions.