SeatBelt Ticket NY - Court Date Pending

[NYBLU]

What is the name of your state? NY

hello, I need help w/the following issue.

I have a court appearance for "not wearing a sealt belt" - which is absolutely, 100% bogus and NOT true. How can I go about fighting this? Its my word vs. the cop. Here's what happened.

I was riding in my mini-van WITH my seatbelt on, when my 5-year old son started a coughing fit and seemed if he was choking. I immediately pulled over in a legal parking spot, and parked the car. At that point and at that point only, I removed my sealt belt to tend to my child and give him a drink. Once he was ok, I PUT ON my seatbelt again, and pulled out of the spot and started driving several blocks from the "scene"
All of the sudden, I see flashing sirens forcing me to pull over to the side. I thought maybe had a flat or broken tail light - something like that.
To my absolute surprise when I asked him why he stopped me, he told me I was driving without a seatbelt. The irony is here's a cop telling me this with my seatbelt obviously on while asking me for my license and registration. I tried to explain what happended with my son (who was actually saying "daddy, you always wear your seatbelt" - I doubt I could bring him as a witness). He didn't care, and didn't listen and insisted I wasn't wearing a seatbelt.
Now, as outrageous as this is, I have to take a day off work to fight this, or risk suspension of my license. And, I must say, I really do always, truly wear my seat belt - if anything to serve as an example to my kids.
Even if I wasn't wearing a seatbelt (and I was!), I don't know how an officer in a sedan vehicle could have seen this as I was sitting elevated in my mini-van (possible angle?)
Anyway, I was told these administrative judges are ruthless bureaucratic and always side w/the cop. So, how on earth can I fight this? It used to matter telling the truth and nothing but the truth, but apparently no more. Would a notarized statement of the facts help? If not, what should I do?? Thanks!

[littlebillsm]

perhaps if the officer does not show up to counter you rebuttal, you might have a chance. if the officer does show, well...like you said, they're probably going to side with the officer. i mean, let's face it, they have no reason to lie and you do. in their eyes, your only defense could be lying to get out of it. besides, we all know that all cops are genuinely good people that do their level best to serve and protect, where as we civilians are all criminals...guilty until proven innocent!!!

and before anyone goes attacking me...i have several family members in law eforcement. i am not blasting them without cause. i have watched them do these things

[You Are Guilty]

Originally Posted by NYBLU

I have to take a day off work to fight this, or risk suspension of my license.

It's a no-point, $95 fine. Why would your license be suspended? DMV doesn't care about seat belt tickets.

Originally Posted by NYBLU

Anyway, I was told these administrative judges are ruthless bureaucratic and always side w/the cop. So, how on earth can I fight this? It used to matter telling the truth and nothing but the truth, but apparently no more. Would a notarized statement of the facts help? If not, what should I do?? Thanks!

Dress nicely, be polite, don't smell like booze. Tell the truth.

If the ticket was for not wearing the seatbelt while parked, then make sure you argue that point (it didn't need to be on while parked).

On the other hand, if the ticket was because the officer just didn't see you wearing it, cross your toes and bring your lucky rabbit's foot.

[littlebillsm]

Originally Posted by Curt581

Simple. Most vehicles on the road today have integral lap belts/shoulder belts. The two connect at the buckle. The shoulder belts have a pivot point mounted near the top of the door frame. If you look at the driver from the rear of the vehicle, you can see by the angle of the shoulder belt coming out of the pivot whether it's being worn or not. It's clearly visible whether the vehicle is a small auto, minivan or a 4x4 pickup. This works even with window tint because you can still see the driver in silhouette.

If the belt is at an approximate 45 degree angle towards the driver's shoulder, it's being worn.

If it's hanging straight down, it's not being worn.

Try it yourself and see.

umm, the belts in both of our vehicles come out at the top of the seat...they are not connected to the vehicle body, thus you would not be able to tell from behind if a belt was in fact fastened or not!! but yes, if they are connected to the body, you definately can see if it is being worn or not...

[xylene]

Ah, yeah,

I'm not exactly sure how your license will be suspended for this ticket, but that is neither here nor there...

If you are that worried about it, get a lawyer who can play the continuance game and all those tricks and maybe you will get off.

[You Are Guilty]

Originally Posted by xylene

Ah, yeah,

I'm not exactly sure how your license will be suspended for this ticket, but that is neither here nor there...

If you are that worried about it, get a lawyer who can play the continuance game and all those tricks and maybe you will get off.

I don't think that's a viable option here, and I am fairly sure that, being a non-point ticket, the officer does not need to appear. Thus, no hope of the officer not showing if a continuance was granted.

[xylene]

Originally Posted by You Are Guilty

I don't think that's a viable option here, and I am fairly sure that, being a non-point ticket, the officer does not need to appear. Thus, no hope of the officer not showing if a continuance was granted.

You can hire a traffic lawyer for a seat belt case in new york. If this guy is concerned that this ticket will cost him his license, getting representation would be a wise idea. You may be right about using the continuance trick not being an option, (we don't have enough specifics of the exact court, etc...) I only mentioned it as a strategy for ticket defense that is unlikely to work without counsel. If I even found it slightly credible that a violation would get my license pulled I would spend far more on legal counsel than the potential fine.

[You Are Guilty]

Originally Posted by xylene

You can hire a traffic lawyer for a seat belt case in new york. If this guy is concerned that this ticket will cost him his license, getting representation would be a wise idea. You may be right about using the continuance trick not being an option, (we don't have enough specifics of the exact court, etc...) I only mentioned it as a strategy for ticket defense that is unlikely to work without counsel. If I even found it slightly credible that a violation would get my license pulled I would spend far more on legal counsel than the potential fine.

Hell, you can hire a lawyer to do your laundry for you, (if you pay enough). Doesn't mean doing so is always a good idea

If there is a legit reason to worry about losing the license (maybe it's provisional?), then I'd recommend the lawyer route. Otherwise, I just don't see why one would spend $200 for a lawyer on a no-point $95 ticket, (which would get knocked down to $76 after a settlement). Win or lose, you're out anywhere from $124 to $105 with the attorney, $76-$95 without.

That being said, please always hire an attorney.*




*I have to say that or else I get kicked out of the club for telling the truth.

[NYBLU]

THx for the replies, ALL.

On the license suspension, I didn't mean to cause confusion - I was just making the point that the ticket states if you (I) don't show, it can be suspended. So, unless I get stopped for speeding on the way to court (JUST KIDDING), I'll be there - with my check :-(

I figure by having just paid it immediately I have NO chance, but showing up, maybe I have a SLIM chance. Those are my odds I guess SLIM and NONE, the former being better of the two.

I will take any ideas if there are any.....