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Seatbelt tkt while wearing a seatbelt?

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melaknee

Junior Member
New York City
pulled out of a really tight parking spot and then pulled my seatbelt on as I drove along. Looked in the rear view and saw a cop car with no lights on. Stopped at light. looked in rear view again and the lights were now on. I pulled over to the right so they can get by and it was me they were stopping. I turned the radio off, opened my window and placed my hands on the steering wheel. 2 cops one asked me for documentation, other at my passenger side checking out the car and me. I asked what the problem was and she told me to sit back and present my documentation. Told me they witnessed me put my seatbelt on while moving. I said I have it on and that is what matters because I ALWAYS do. They claim I put it on after they put the lights on...not true and they treated me like I just robbed an old lady. I was totally intimidated. I plead not guilty and waiting for court date.
Any words of wisdom?:confused:
much appreciated, Melanie:DWhat is the name of your state?
 


XNavyLT

Member
Your word against theirs, as to when you out your belt on. You admitted you didn't have it on when you pulled out....who's word is the judge, or adjudicator or whomever are they going to believe? Yours? or 2 Police Officers'? I guess you'll find out at your court date. Good luck with that, BTW. maybe you'll be able to plead down to a lesser offense, That's your best shot, but nonetheless it wont effect your insurance premiums, I think NYC just wants its 50 or 100 bucks, thats all this is.
 

You Are Guilty

Senior Member
VTL § 1229-c. "2. No person shall operate a motor vehicle in this state..." unless front seat occupants are belted in. What do you think "operate" means?

On the bright side, its a $50 fine, max (if you're an adult) and I'm pretty sure there are no points associated with it.
 
We all agree that you did drive while putting on your seatbelt. However, you believe that the officer didn't see you driving without the seatbelt.

In this case I would suggest that you do NOT testify, because if you do, you will admit that you were drivign without a seatbelt. Even if the judge believed that the officer did not see you driving illegally, the judge would believe you that you were drivign without a seatbelt and find you guilty.

Second, crossexamine the officer carefully. If you can't prove that he made a mistake in his own testimony, you will be found guilyty.

Third, is all this work worth saving 90 dollars?
 

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