NY seatbelt ticket

[cyberspook]

What is the name of your state? NY

Ok it's all my wife's fault. Her and my 13 year old son are driving around without seatbelts on and sure enough she drives into a check point.

She recieves two tickets. One for "NO SEATBELT DRIVER" and another for "FRONT SEAT PASS AGE 7-15 NO/IMPROPER SEATBELT"

So I am soliciting suggestions on how the best way to handle this, as she has the opportunity of going to court on December 5th or pleading guilty by mail.

The fines I am not to concerned with as she is guilty as hell and will pay whatever the court orders. What I am really trying to avoid here is points on her license because of insurance premiums, blah blah blah...

 

[PrinceCharming]

1)That's a moving violation, not a parking violation.

2) Are there points for driving without a seatbelt?

3) Will the insurance go up even if your wife does not get points?

 

[cyberspook]

1)That's a moving violation, not a parking violation.

2) Are there points for driving without a seatbelt?

3) Will the insurance go up even if your wife does not get points?

Are you providing suggestions or re-phrasing my question?

I wasn't sure if the offense was a moving violation or not. I can alway repost on the moving violation board. Is that really neccesary though?

 

[HomeGuru]

What is the name of your state? NY

Ok it's all my wife's fault. Her and my 13 year old son are driving around without seatbelts on and sure enough she drives into a check point.

She recieves two tickets. One for "NO SEATBELT DRIVER" and another for "FRONT SEAT PASS AGE 7-15 NO/IMPROPER SEATBELT"

So I am soliciting suggestions on how the best way to handle this, as she has the opportunity of going to court on December 5th or pleading guilty by mail.

The fines I am not to concerned with as she is guilty as hell and will pay whatever the court orders. What I am really trying to avoid here is points on her license because of insurance premiums, blah blah blah...

**A: the best way to handle this is for her to tell the truth and face the music.

 

[cyberspook]

**A: the best way to handle this is for her to tell the truth and face the music.

I have no problem with that. We have no problem with that.

What is better? Going to court or pleading guilty by mail?

 

[You Are Guilty]

I have no problem with that. We have no problem with that.

What is better? Going to court or pleading guilty by mail?

Although slim in both cases, the odds of getting any kind of deal are significantly higher by going in person.

 

[PrinceCharming]

Although slim in both cases, the odds of getting any kind of deal are significantly higher by going in person.

Your wife has to go to court if you plead not guilty; the same is true with all moving violations... correct?. For a regular seatbelt violation there are no points and you can plead guilty by mail. However, I am not sure about a minor without a seatbelt violation.

 

[You Are Guilty]

Your wife has to go to court if you plead not guilty; the same is true with all moving violations... correct?. For a regular seatbelt violation there are no points and you can plead guilty by mail. However, I am not sure about a minor without a seatbelt violation.

My skimming of the VTL leads me to think that its a 3-pointer only if you have an unbelted minor in the front. VTL §1229-c + "child safety restraint" from the DMV site: http://www.nysdmv.com/broch/c49.htm

 

[PrinceCharming]

My skimming of the VTL leads me to think that its a 3-pointer only if you have an unbelted minor in the front. VTL §1229-c + "child safety restraint" from the DMV site: http://www.nysdmv.com/broch/c49.htm

Well then ... that's three points for the OP. Insurabce will skyrocket. The best is to go down in person and try to get some sort of plea deal.

I did that in upstate NY, and they reduced a "speeding ticket of 30+ miles over" into a "passed a stop sign without stopping". I think NYC ALJ's are not as nice.

TO do that, you need to plead "not guilty" by mail and wait for your court date.

 

[cyberspook]

My skimming of the VTL leads me to think that its a 3-pointer only if you have an unbelted minor in the front. VTL §1229-c + "child safety restraint" from the DMV site: http://www.nysdmv.com/broch/c49.htm

Thank you for the reference. Very good information on that web page. We are (I mean she is) going to go to court and try and plea bargain the minor ticket. If that doesn't work she is going to driving school to get the points removed from her license.