Child Back Seat Belt Ticket

[xsy1227]

What is the name of your state? New York

I was driving in an unfamiliar town down a very dark road when a car quickly came behind me with very bright lights. It was very hard to see and I was going to try to pull over and let this person pass.The next thing I know a cop pulls me over and says that I had swerved in my lane. I swerved because he came up behind me and I couldn't see.Then he checked everyone's seat belts and my daughter in the back seat had hers off. The cop told me it wasn't points on my license and not to worry about it. He told me not to show up to court.He said if I show up in court to fight the ticket that he wil tell the judge i had swerved in my lane and that on his copy of the traffic ticket he had written that i swerved.I called up the court official for the town and she told me that she had the cop's copy of the ticket and thatit said nothing about swerving.So pretty much he lied to me in order for me to not show up and fight my ticket. I have court tomorrow and I'm wondering what I can do.Should I bring up that the officer lied to me so I would not come to court? And is there anyway for this to not be points on my license?Someone please get back to me with advice and how you would handle this situation.Thank you.

[Curt581]

Originally Posted by xsy1227

I was driving in an unfamiliar town down a very dark road when a car quickly came behind me with very bright lights. It was very hard to see and I was going to try to pull over and let this person pass.The next thing I know a cop pulls me over and says that I had swerved in my lane. I swerved because he came up behind me and I couldn't see.Then he checked everyone's seat belts and my daughter in the back seat had hers off. The cop told me it wasn't points on my license and not to worry about it. He told me not to show up to court.He said if I show up in court to fight the ticket that he wil tell the judge i had swerved in my lane and that on his copy of the traffic ticket he had written that i swerved.I called up the court official for the town and she told me that she had the cop's copy of the ticket and thatit said nothing about swerving.So pretty much he lied to me in order for me to not show up and fight my ticket. I have court tomorrow and I'm wondering what I can do.Should I bring up that the officer lied to me so I would not come to court? And is there anyway for this to not be points on my license?Someone please get back to me with advice and how you would handle this situation.Thank you.

The only relevant issue: Was your child seatbelted?

[xsy1227]

No she was not. Can I try to get the charge lessened so that it will not be points?

[Curt581]

Originally Posted by xsy1227

No she was not. Can I try to get the charge lessened so that it will not be points?

Possibly, but I don't know how much lower they can amend it to. Never hurts to ask.

[You Are Guilty]

You're not related to [URL=http://forum.freeadvice.com/showthread.php?p=984804#post984804]this guy[/URL], are you?

And in NYS, tickets for unbelted minors is a point-carrying violation (I think it's currently 2) against the driver of the vehicle. So you really might want to get some legal help on this one.

[marbol]

Originally Posted by Curt581

The only relevant issue: Was your child seatbelted?

My kids routinely take off their own seatbelts. Even after a thourough scolding and even corporal punishment sometimes kids will do things like this.

Doesn't breaking a law like this require intent?

[Curt581]

Originally Posted by marbol

My kids routinely take off their own seatbelts. Even after a thourough scolding and even corporal punishment sometimes kids will do things like this.

Doesn't breaking a law like this require intent?

No.

All that's required is to show the stop was valid, and the child was not restrained.. (in most states, child restraint, unlike adult, is a primary offense... meaning you can be stopped for that alone)

You're right, kids do stuff like that. That's why it's within an officer's discretion to cite, or not cite. It's also within the court's purview to take such things into account.

[marbol]

Originally Posted by Curt581

[...]
You're right, kids do stuff like that. That's why it's within an officer's discretion to cite, or not cite. It's also within the court's purview to take such things into account.

My apologies to the OP for jumping into their thread, but I think this next question is relevent.

My kids ALWAYS unbelt themselves when I pull over and stop the engine of the car. They assume that once the car engine is off, that they are getting out. That's a safe assumption in the normal case.

So, keeping that in mind, if I were stopped by a cop and pulled over in a safe spot and then turned off the engine (as I would if I were stopped by a cop), then ALL of my four kids would probably instantly unbelt. - So am I going to get 4 tickets? Seems to be a bad thing to do, especially since the officer could ask them if they were wearing them and they'd tell the truth. After all, it's not every day that someone is stopped and in normal conditions I would never shut off my engine unless it was safe to get out.

Or should I bring the kids to court and ask the judge to ask them if they were belted or not? After all, the officer cannot really testify that he witnessed them driving while not restrained. As far as he knew, he only saw the belts off while the car was NOT in motion.

[Curt581]

Originally Posted by marbol

My kids ALWAYS unbelt themselves when I pull over and stop the engine of the car. They assume that once the car engine is off, that they are getting out. That's a safe assumption in the normal case.

So, keeping that in mind, if I were stopped by a cop and pulled over in a safe spot and then turned off the engine (as I would if I were stopped by a cop), then ALL of my four kids would probably instantly unbelt. - So am I going to get 4 tickets?

I would certainly hope not. If the officer hits the lights to stop you, and can see the kids are in their places, facing forward, and sees the belts come off when you stop, he knows the belts were on while you were driving.

Conversely, if you're still rolling and he sees kids in the back jumping around like squirrels, or standing up facing the back window, he knows the belts are off. If he sees a toddler sitting on the driver's or front seat passenger's lap, that's a problem.

Or should I bring the kids to court and ask the judge to ask them if they were belted or not?

You could. I don't know how many judges would allow it.

After all, the officer cannot really testify that he witnessed them driving while not restrained. As far as he knew, he only saw the belts off while the car was NOT in motion.

You'd be surprised what can be seen if you know what to look for.

In any case, I can't speak for other officers, but I'm pretty confident they handle their jobs the same way I do. I enforce the law as even-handed as I can. Some people have reasonable explanations for whatever they did. I usually let 'em go with "Have a nice day". Some people deserve and get warnings for minor "brain farts". Others deserve and get tickets for real stupidity. Still others out-and-out BEG to be arrested. As often as I can, I oblige them.