Seatbelt Summons

[shineman]

What is the name of your state?NEW YORK RECEIVED A SUMMONS FOR "DRIVER WITHOUT SEATBELT" WAS LISTED AS ,IN VIOLATION OF SEC 1229 SUB 13A. CANNOT FIND THIS SUB IN NYS VTL. BELIEVE SUB SHOULD BE 3. IF SO, DOES THAT MAKE SUMMONS FATALLY DEFECTIVE? THANKS

 

[qcxlvr1]

What is the name of your state?NEW YORK RECEIVED A SUMMONS FOR "DRIVER WITHOUT SEATBELT" WAS LISTED AS ,IN VIOLATION OF SEC 1229 SUB 13A. CANNOT FIND THIS SUB IN NYS VTL. BELIEVE SUB SHOULD BE 3. IF SO, DOES THAT MAKE SUMMONS FATALLY DEFECTIVE? THANKS

Fatally defective? What does that mean? Do you mean "facially insufficient"?

You are correct that this is the wrong section for seat belt. Also, I checked my police VTL guide, and the section does not exist. I'd plead not guilty and I think you might have a good chance at having it tossed if you get the right judge.

 

[You Are Guilty]

If the ticket was for an adult (over 16) not wearing the seatbelt, I think you have a shot. If the ticket was for a child, then you're screwed. (Kid seat belt tickets are point carring moving violations, which means the officer will be there to testify & correct the citation).