Got a seat belt ticket but I was wearing my seat belt...

[Shai NY]

NYC

MY shoulder strap was not on (belt was under my elbow because it was annoying me). How can I fight this?

My cousin was with me and he can be a witness although he's not in the state right now (or any time soon). He can tape record himself and send it to me or something.

But other than that (if that would even help), how do i fight this? The cop told me even if I'm telling the truth (he didn't believe me), I wasn't wearing it properly, and thus was against the law.

 

[seniorjudge]

The cop told me even if I'm telling the truth (he didn't believe me), I wasn't wearing it properly, and thus was against the law.

What statute number are you charged under?

Do you have any reason to disbelieve the cop?

 

[Zigner]

NYC

MY shoulder strap was not on (belt was under my elbow because it was annoying me). How can I fight this?

My cousin was with me and he can be a witness although he's not in the state right now (or any time soon). He can tape record himself and send it to me or something.

But other than that (if that would even help), how do i fight this? The cop told me even if I'm telling the truth (he didn't believe me), I wasn't wearing it properly, and thus was against the law.

You were not properly wearing your seatbelt. What is your defense?

 

[Shai NY]

The cop told me even if I'm telling the truth (he didn't believe me), I wasn't wearing it properly, and thus was against the law.

What statute number are you charged under?

Do you have any reason to disbelieve the cop?

Whats a statute number?

Yes, I feel he just wanted to give me a ticket. He was being a complete jerk about it too.

 

[Shai NY]

You were not properly wearing your seatbelt. What is your defense?

I was still wearing it. I don't think I should get a ticket for placing the shoulder strap underneath my elbow but I don't know what the law states. That's why I'm here.

 

[seniorjudge]

Look on the ticket you got for a statute number.

 

[Zigner]

I was still wearing it. I don't think I should get a ticket for placing the shoulder strap underneath my elbow but I don't know what the law states. That's why I'm here.

You were not wearing it PROPERLY. I happen to think that you SHOULD get a ticket for placing the strap under your elbow. But, what you or I think doesn't matter. It's what the LAW says. Conveniently enough, the law says you must wear your seatbelt properly.

 

[I_Got_Banned]

I was still wearing it. I don't think I should get a ticket for placing the shoulder strap underneath my elbow but I don't know what the law states. That's why I'm here.

The "shoulder" strap should be worn over the "shoulder". That's why its called a "shoulder" strap.
Otherwise, it would be refered to as an "under the elbow" strap.

Conclusion: you were not wearing your seatbelt properly. Therefore you deserve a ticket!

 

[Shai NY]

What if i was at a complete stop?

 

[Shai NY]

Look on the ticket you got for a statute number.

There are a lot of numbers. The word statute does not appeat on the ticket at all.

 

[seniorjudge]

There are a lot of numbers. The word statute does not appeat on the ticket at all.

Post back when you find out.

 

[Shai NY]

Post back when you find out.

In violation of: TRINSF 1229C3A

Is that it?

 

[seniorjudge]

In violation of: TRINSF 1229C3A

Is that it?

Vehicle & Traffic Law - Section 1229-c

...
3. No person shall operate a motor vehicle unless such person is restrained by a safety belt approved by the commissioner. No person sixteen years of age or over shall be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt approved by the commissioner.
,,,

Read the whole thing at the link.

You were not wearing a safety belt (according to your post).

 

[HomeGuru]

NYC

MY shoulder strap was not on (belt was under my elbow because it was annoying me). How can I fight this?

My cousin was with me and he can be a witness although he's not in the state right now (or any time soon). He can tape record himself and send it to me or something.

But other than that (if that would even help), how do i fight this? The cop told me even if I'm telling the truth (he didn't believe me), I wasn't wearing it properly, and thus was against the law.

**A: it appears that you're guilty.

 

[Shai NY]

Vehicle & Traffic Law - Section 1229-c

...
3. No person shall operate a motor vehicle unless such person is restrained by a safety belt approved by the commissioner. No person sixteen years of age or over shall be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt approved by the commissioner.
,,,

Read the whole thing at the link.

You were not wearing a safety belt (according to your post).

Damn it. Thank you for your help.