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NY Seatbelt Ticket

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jeNYC

Junior Member
What is the name of your state? New York

On Saturday I was pulled over by a NY State Trooper. I was wearing my seatbelt and driving the speed limit so I assumed either I had a taillight out or he was just doing a routine check.
He approached the car and asked for my license, registration, and insurance card. I removed my seatbelt to get my wallet out. After giving him all of the info I asked if I had done something wrong. He said I was being stopped for failing to wear a seatbelt. WHAT!?!?!?!?!?!?!
I told him he saw me with the seatbelt and I only removed it when he asked for the info. He ignored me and came back to my vehicle with a summons. Now I have to take off work to go out to a court in Long Island to fight this.
What chance do I have? I had a witness in the car. I feel like I'm guilty until proven innocent. This guy was just trying to make his numbers and I was his victim.
If I was truly guilty I would be embarrassed, pay my fine and continue on with my life. This is unbelievable. :mad:
 


S

seniorjudge

Guest
jeNYC said:
What is the name of your state? New York

On Saturday I was pulled over by a NY State Trooper. I was wearing my seatbelt and driving the speed limit so I assumed either I had a taillight out or he was just doing a routine check.
He approached the car and asked for my license, registration, and insurance card. I removed my seatbelt to get my wallet out. After giving him all of the info I asked if I had done something wrong. He said I was being stopped for failing to wear a seatbelt. WHAT!?!?!?!?!?!?!
I told him he saw me with the seatbelt and I only removed it when he asked for the info. He ignored me and came back to my vehicle with a summons. Now I have to take off work to go out to a court in Long Island to fight this.
What chance do I have? I had a witness in the car. I feel like I'm guilty until proven innocent. This guy was just trying to make his numbers and I was his victim.
If I was truly guilty I would be embarrassed, pay my fine and continue on with my life. This is unbelievable. :mad:
Q: What chance do I have?

A: 50 - 50.
 

jeNYC

Junior Member
I'm trying to translate the NY State law. I don't know if this would be points on the license or not.
 

qcxlvr1

Member
No, its no points but your insurance can be affected (depending on a number of factors) if you plead guilty to this. Was the ticket issued by a trooper from Troop L? To what court is it returnable?
 

jeNYC

Junior Member
It was issued by a trooper from Troop L. I need to go to Nassau County TVA in Hempstead.
I'm definitely pleading not guilty because my seat belt was definitely on.
 
S

seniorjudge

Guest
jeNYC said:
It was issued by a trooper from Troop L. I need to go to Nassau County TVA in Hempstead.
I'm definitely pleading not guilty because my seat belt was definitely on.
Be sure to subpoena your witness; do not count on the witness appearing voluntarily.

Tell your witness he is going to get a subpoena; be prepared for a disappointment when the witness gets on the stand and suffers from a memory loss.

Post back with results.
 

jeNYC

Junior Member
I found this on a website with NY state point violations. Is it True/False? It wasn't an official NY state website.
"Passenger safety violation, including seat belts, child safety seats, or passengers under the age of 16 - 3"

As far as the witness goes it is my wife. She'll be there.
 
S

seniorjudge

Guest
jeNYC said:
I found this on a website with NY state point violations. Is it True/False? It wasn't an official NY state website.
"Passenger safety violation, including seat belts, child safety seats, or passengers under the age of 16 - 3"

As far as the witness goes it is my wife. She'll be there.
Q: As far as the witness goes it is my wife. She'll be there.

A: And the judge will find your wife to be completely unbiased!
 

jeNYC

Junior Member
Well what other choice do I have? She was in the car with me, I was wearing my seat belt, I am now part of a ticket statistic to some State Trooper.
If I was so guilty I would not be putting this much effort to getting out of a $50 ticket. Never in my life have I been pulled over, and now to be pulled over for something I didn't even do?
 

qcxlvr1

Member
Did the officer issue you a supporting deposition with the ticket? IE--is it the new typed ticket?

The way this agency works is you plead not guilty and then 6-9 months later you get a conference date in the mail. You go speak to a prosecutor (the issuing officer is not there) and he/she will offer you something based on your driving record and the offense. You can take the offer or you can choose to go to trial.

If you go to trial, the troopers generally always appear and more or less he will say he observed you without a seatbelt. The hearing officer may or may not believe you--it depends who you get.

FYI--the Troopers are doing a seatbelt enforcement detail statewide. That's probably why he wrote you for no seatbelt, but I can't understand him writing it and making a false written statement if he knowingly believed you had it on.
 

You Are Guilty

Senior Member
Good thing it hasn't been publicized or anything:
Today's newspaper said:
Buckle up - or get tix!

Always wear your seat belt - but especially today.

A nationwide law enforcement campaign designed to crack down on those who refuse to buckle up officially kicks off today.

Under the "Click It or Ticket" effort, cops across the city - and the country - will establish various roadside checkpoints looking for drivers who violate the law.

In New York, a ticket for not wearing a seat belt carries a $50 fine, not including surcharges.

The crackdown, which will involve boosted police patrols on the lookout for offenders, will be in effect till June 5.
In any event, calling a trooper a liar generally does not bode well for one's chances. He can either stick to his original "I witnessed (you) not wearing a seat belt at all", or he could also go with the ever popular "When I originally witnessed (you), (you) was not wearing a seat belt. Between that time and when he handed me his license, he put it on in an effort to 'fool me'".

The ALJ's really love that second one since it makes you not only look guilty, but really guilty. I'd say unless your wife is a nun, your chances are maybe 20% at best.

PS: Under NYS law, it is a non-point infraction unless the passenger not belted is under 16.
 

jeNYC

Junior Member
Thanks qcxlvr1 for the info. He did give me the supporting deposition. Am I supposed to mail both the supporting deposition and the actual ticket back with my not guilty plea?
Also on the actual ticket it gives a court date of 7/5/05.
 

qcxlvr1

Member
jeNYC said:
Thanks qcxlvr1 for the info. He did give me the supporting deposition. Am I supposed to mail both the supporting deposition and the actual ticket back with my not guilty plea?
Also on the actual ticket it gives a court date of 7/5/05.
Well, I guess you're not going to get out of it by lack of a supporting deposition then.

Mail the ticket back to the court indicating "not guilty" and you will probably receive a conference date in 6-9 months. It is a very backlogged court. If you want, you could also go on 7/5 and maybe take care of it then.

Short of going to trial, its probably not going to be dismissed. See if you can get it reduced to a parking violation.
 
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