New York State Seatbelt Violations

[MrMcGee123]

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

I live in New Jersey and I was in New York for a trip with my family this summer at Rockland State Park.

After being there for a while, I decided to drive my little cousins to the pool (from Lot A to Lot B- a 1 minute drive). While going from lot A to lot B, I was stopped by a NY State officer in the parking lot of the pool. Two of my cousins sitting in the backseat were 7 and 8 years old who did not have their seatbelts on. The other was 3 years old sitting in the lap of his mother. The officer gave me 3 citations: two for no seatbelts for the 7 & 8 year olds and one for a child under 4 not being in a car seat.

Because this was only a trip from one lot to the other, I was not very adamant about having checking for seat belts. Also the speed limit in the park was 15mph. With my license from NJ, the officer thought I had drove from New Jersey without seat belts.

I was told that pleading guilty will incur additional fees for a high point offense, so I plead not guilty and my court date is coming up in the next month.


Is there anything I can do to help lower any penalties I will receive for this. I did not intend for this to happen. I know in the end, the facts are facts, but would going into court and telling the facts help me in any way? Does the fact that I was pulled over in a parking lot make a difference in this case? Because this is a potential high point offense, should I try to get a lawyer to represent me?

Thank you in advance.

 

[HighwayMan]

Child safety violations are three points each, that would put you up at nine points which subjects you to a Driver Responsibility Assessment in addition to the standard fines and surcharges.

These parking lots are "public highways" as defined in the Vehicle and Traffic Law. It matters not what the officer thought about where you came from, the facts are that you were driving on a public highway with three children in the car who were unrestrained. Shame on you for putting them in danger.

The speed limit makes no difference.

You have no leg to stand on as far as a defense is concerned. Was it the State Park Police that wrote you?

When you go to court you can speak to the officer or the designated prosecutor who will most likely offer you a plea deal to reduce the charges.

But the acceptance of that deal is up to the judge.