Ticketed for no seat belt in NYC

[stevecross777]

On tuesday evening I made a left out of a mid block parking garage on w 97th street. I drove to the end of the block and made a left. I then drove on more block and made a right onto 96th street when I saw flashing lights behind me. I had been in the car for less than two minutes.

I pulled over with no idea what I had done wrong. The cop said "do you have any reason for not wearing your seat belt?" I lifted up my arms (which had been on the wheel the whole stop) and showed him that I was wearing my seat belt. He looked very surprised.

He gave me a ticket anyway. I think the violation code number is 1229 C3A but the ticket is very hard to read. When I went to the eplead page on the NYDMV web site it could not find the ticket.

My question is this - am I wasting my time trying to fight this? I still can't believe he gave me the ticket. In court what could I say? He saw me wearing the seat belt (which he may not remember) and he still gave me the ticket. Could I have pulled out in front of him and still have been festening my seat belt? I am not sure.

I am interested in hearing opinions. The fine is $100 and I am not sure about points. I have had no tickets for 5 years, and very few lifetime, so I have little experience with this.What is the name of your state (only U.S. law)?

 

[Zigner]

Were you wearing your seatbelt under your arm (as opposed to over your shoulder?)

 

[stevecross777]

No- It is a full lap/shoulder belt. The car is a Dodge Intrepid. I can't beleive he could even tell I had it on or off if he was behind me due to the low profile of the car.

 

[occharge]

I don't know much about NY traffic laws so this may prove to be a zero value post as far as helping you here. But still, I'd like to make a few statements....
It is a fairly low profile car however that windshield is massive so is it possible the he saw no seatbelt in the few seconds before you fastened it?
That leaves the question of why he waited 2 or 3 blocks before he lit you up and my answer to that is cops do radio the plate number into to dispatch before they step up to your window;; some will turn their lights on, and do that while they wait for you to stop, others wait for you to stop & then radio it in, while others will wait for a response before giving you any indication of their intention to stop you.
Also, maybe you were wearing a shirt that did not contrast with the color of the seatbelt but that too may prove to be a useless approach in court.
With all that being said, it boils down to being your word against his. And many times that works to the drivers' disadvantage as cops are also human & they too make mistakes.
Adiitionally, it is my understanding from the last time I checked (over a year ago) that quotas still do exist. (Is that still the case?). That may be an indirect cause that might dwindle the impartiality that an officer is supposed to have while they're out performing their duty.
You guys need to do whatever you can to get that taken away; it adds the wrong type of pressure on the officer & it undermines their motives but it also adds to the disadvantage that motorists have.
Good luck...

 

[You Are Guilty]

Do you have a learner's permit or a full license? Here are both3(a)'s {in their great wisdom, the Legislature has come up with two section 3(a)s for VTL1229. With the economy in the tank, I guess we couldn't afford the extra letter).

* 3-a. Except as otherwise provided for passengers under the age of
four, it shall be a violation of this section if a person is seated in a
seating position equipped with both a lap safety belt and a shoulder
harness belt and such person is not restrained by both such lap safety
belt and shoulder harness belt.

* 3-a. No person holding a class DJ learner's permit or class DJ
license issued pursuant to section five hundred two of this chapter, or
a limited class DJ or MJ license issued pursuant to section five hundred
three-a of this chapter, shall operate a motor vehicle in this state
unless such person is restrained by a safety belt approved by the
commissioner, and all passengers under the age of four are restrained in
a specially designed seat which meets the federal motor vehicle safety
standards set forth in 49 C.F.R. 571.213 and which is either permanently
affixed or is affixed to such vehicle by a safety belt and, in the case
of any other passenger under the age of sixteen, he or she is restrained
by a safety belt approved by the commissioner. No person sixteen years
of age or over shall be a passenger in a motor vehicle operated by a
person holding a class DJ learner's permit, a class DJ license or a
limited class DJ license unless such passenger is restrained by a safety
belt approved by the commissioner.

As for punishments:

5. [highlight]Any person who violates the provisions of subdivision three of this
section shall be punished by a civil fine of up to fifty dollars. [/highlight] Any
person who violates the provisions of subdivision one, two, eleven or
thirteen of this section shall be punished by a civil fine of not less
than twenty-five nor more than one hundred dollars. In any prosecution
or proceeding alleging a violation of paragraph (b) of subdivision one
or paragraph (c) of subdivision two of this section, it shall be an
affirmative defense that the passenger subject to the requirements of
such paragraphs was restrained by a safety belt and measures more than
four feet nine inches in height and/or weighs more than one hundred
pounds.

*Note, though, that the $50 fine does not include the mandatory state surcharge, which is currently $50($55?) But the good news is that unless you're under 16, there are no points associated with the ticket.

There ought to be a long list of instructions on the back on how to plead not guilty at the TVB. You can find more information about the process here:
http://www.nydmv.state.ny.us/broch/c49.htm

Good luck.