NY Seat Belt Ticket (with Ticket errors)

[ticktickticket]

What is the name of your state?What is the name of your state? NY

Hi-

I got a seat belt ticket in New York City (I know I should have been wearing it) but I wasnt.

I have a few questions from looking over the ticket
(1) the officer got my license plate # wrong
(2) there is a spot for the Vin No. which he left off

are these grounds to fight this?

Thanks!

 

[jity]

As long as he got the name and DOB and whatever state license number correct you are charged. I would like to see you defend yourself at court. Your honor, I did not have my seatbelt on in the car that the officer said I was in. If you really want to fight it go to court and say (if your did) that I did have my seatbelt on and took it off when I came to a complete stop.

This charge does have some holes, it’s you said he said – you can fight this – but for 20 – 40 bucks it’s not worth it.

 

[ticktickticket]

it is actually $90 in NY and I am affraid of my insurance going up (not sure if it will and how much it will).

What I would say is i request the ticket be dismissed based on faulty evidence due to a difective ticket. I do not own the vehicle with plate # ....

I would like to fight it and beat it.

If I plead not gulity and then I am found gulity will the charge and dollar amount be the same? The penalty cant go up right?

THANKS!

 

[racer72]

The incorrect information does not prevent you from presenting a valid defense to the citation and will not be discharged because of it. Seat belt tickets are not moving violations and should not affect your insurance rates.

 

[jity]

“If I plead not gulity and then I am found gulity will the charge and dollar amount be the same? The penalty cant go up right?”

The penalties are fixed, but since you are going to fight it, you could get additional court costs. - you would have to look up the offence for your city and state penal code. You insurance will not go up - it's not a moving offence.

Fight it then - but I would not use the defense of its not my car/plate - because the judge will ask you did you have your seatbelt on? If you admitted to the cop that you did not have your seatbelt on then you just incriminated yourself and if he's smart it’s on the ticket notes.

What did you tell the police officer?

 

[qcxlvr1]

What is the name of your state?What is the name of your state? NY

Hi-

I got a seat belt ticket in New York City (I know I should have been wearing it) but I wasnt.

I have a few questions from looking over the ticket
(1) the officer got my license plate # wrong
(2) there is a spot for the Vin No. which he left off

are these grounds to fight this?

Thanks!

Well, you can point the errors out to the judge if you want. There are a couple of times while appearing in NYC TVB I saw stuff get tossed for these errors, but its really rare.

As to the person who said that a seat belt ticket would not have an effect on your insurance, they are wrong. NYS Insurance law allows insurance companies to increase your premiums for seat belt violations, and they usually will. The rationale being a person not wearing a seatbelt is going to sustain injuries or be ejected in an accident and this is an increased risk for insurance companies.

 

[ticktickticket]

“If I plead not gulity and then I am found gulity will the charge and dollar amount be the same? The penalty cant go up right?”

The penalties are fixed, but since you are going to fight it, you could get additional court costs. - you would have to look up the offence for your city and state penal code. You insurance will not go up - it's not a moving offence.

Fight it then - but I would not use the defense of its not my car/plate - because the judge will ask you did you have your seatbelt on? If you admitted to the cop that you did not have your seatbelt on then you just incriminated yourself and if he's smart it’s on the ticket notes.

What did you tell the police officer?

i guess i will fight it (it seems worth it) if my insurance is going to go up.

anyway i told the officer that i got out to help someone in the car and then forgot to put it on. so i did admit it.

but i made a mistake and so did he (on the ticket) i could ask for them to meet me in the middle and do a plea, right?

we both made mistakes. i would glady pay the state but now i get penailized twice once ffrom the state and once from the insurance company.

thanks for all the replies!

 

[qcxlvr1]

i guess i will fight it (it seems worth it) if my insurance is going to go up.

anyway i told the officer that i got out to help someone in the car and then forgot to put it on. so i did admit it.

but i made a mistake and so did he (on the ticket) i could ask for them to meet me in the middle and do a plea, right?

we both made mistakes. i would glady pay the state but now i get penailized twice once ffrom the state and once from the insurance company.

thanks for all the replies!

You are not supposed to plea in DMV Traffic Violations Bureau which is what the NYC uses, but it is sometimes done. Generally it is guilty or not guilty.

Perhaps the officer will not be too experienced in TVB testimony.

 

[ticktickticket]

You are not supposed to plea in DMV Traffic Violations Bureau which is what the NYC uses, but it is sometimes done. Generally it is guilty or not guilty.

Perhaps the officer will not be too experienced in TVB testimony.

i dont know what i am doing. like i said i made a mistake (by not wearing it) hopefully i can get off as not guilty because of the officer error (his mistake).

how should i state it if i cannot plea? should i try to plea bargain or should i just state not guilty because this car (lic # is not mine) i know others have said it wont work but is that the best thing for me to try?

Thanks for all the help!!!!!!

 

[qcxlvr1]

i dont know what i am doing. like i said i made a mistake (by not wearing it) hopefully i can get off as not guilty because of the officer error (his mistake).

how should i state it if i cannot plea? should i try to plea bargain or should i just state not guilty because this car (lic # is not mine) i know others have said it wont work but is that the best thing for me to try?

Thanks for all the help!!!!!!

Well, you could simply say, "Judge, I'd like to point out the ticket is missing information in some of the fields," or "Judge, the officer incorrectly filled out such and such."

It's probably a new officer that gave you this ticket, and an experienced attorney could most likely make the guy trip on his words and get the thing tossed, but I'm not sure it's worth it spending $500+ on a lawyer for a seat belt ticket.

 

[ticktickticket]

thanks for the advice. i will give it a whirl and report back after my court date. i will plead not guilty hopefully i will get lost in the system and never hear from this again and not even have to go to court at all.

Thanks for the help