VTL § 1229‐C (2)(b), Front Seat Passenger Less than 4 No/Improper Restraint

Vehicle & Traffic Law (VTL) § 1229-C-2-B is a rarely issued traffic ticket. It relates to the passenger less than four years old that is not buckled properly in the front seat. Children at that age are rarely in the front seat. If they are not belted in the back seat, the appropriate charge is VTL § 1229‐C (1)(a).

As the passenger is a minor, if you plead guilty or are convicted of VTL 1229C2B, the New York State Department of Motor Vehicles (DMV) will automatically add three points to your driving record. The assigned judge determined the fine, with the maximum being $193 total fine for a first-time violation. The fines can vary in city courts or other agencies. Car insurance companies typically increase the premiums with such a violation appearing on the driving record, which means the biggest cost of the ticket is usually the increased insurance rates

A ticket for Moved From Lane Unsafely is not one of the most common violations cited. It is often issued as an add-on to other tickets, like speeding. We have seen many such tickets issued subsequent to an accident. Though it is easily avoidable, it is not a minor violation. Unfortunately, this ticket will result in three points on your license and a fine of up to $243, inclusive of the mandatory New York State surcharge. With the high likelihood that this ticket was issued alongside other tickets, these points and driver assessment fees can quickly stack up.

Text of Statute

The language is brief and to the point:

§ 1229-c. Operation of vehicles with safety seats and safety belts.
……………………………
No person shall operate a motor vehicle unless all front seat passengers
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(b) if they are under the age of four, by a specially designed seat which is either permanently affixed or affixed to such vehicle by a safety belt as required by subdivision one of this section, or in the event that the weight of such passenger under the age of four exceeds forty pounds, such passenger may be restrained (i) in an appropriate child restraint system as defined in subdivision four of this section used with combination lap safety and shoulder harness belts or (ii) by a lap safety belt in the event such vehicle is not equipped with combination lap safety and shoulder harness belts or all the combination lap safety and shoulder harness belts are being used to properly restrain other passengers who are under the age of sixteen

Disputing a VTL § 1229(C)2B Ticket

If you were on the receiving end of a 1229(c)-2b traffic ticket it is most likely in your best interest to fight the charges. In determining whether to dispute the charges, it should not matter whether in fact the passenger was properly belted or not. This is because pleading Not Guilty does not mean you making a factual claim about the nature of allegations. It simply means you are utilizing your Constitutional rights to require the police officer to prove the case. Moreover, cases are not won or lost by presenting counter narratives to police testimony, which is why the reality does not play much of a role in fighting the ticket. This is why it is important to have a traffic ticket attorney on your side. An experienced traffic ticket lawyer would be familiar with the legal and procedural requirements that are necessary to establish a prima facie traffic violation. If the ticketing officer fails to comply with all the requirements, then the attorney can use that failure to get the charges dismissed or as leverage to obtain an optimal plea bargain. Another plus to retaining a traffic lawyer is that they can go to a traffic court in your place. This means you don’t have to leave your home or take off from employment in order to get the violation dismissed or reduced. For more detailed information, get in touch with the lawyers at the Benjamin Goldman Law Office.

Benjamin Goldman Law Office PC

The Benjamin Goldman Law Office is a New York law firm that exclusively practices traffic ticket defense. Our firm has extensive experience fighting all types of traffic related charges. We practice state-wide and have handled traffic tickets in the vast majority of the approximately one thousand justice and city courts in New York State. The Benjamin Goldman Law Office takes on cases in Mohawk Valley, Western New York, New York City, Catskills, North Country, Southern Tier, Hudson Valley, Capital District, Finger Lakes, Long Island, and Central New York. Our form provides all motorists with a free consultation. You can contact us by text message, email, phone call, or website submission. The Benjamin Goldman Law Office looks forward to taking on your case.

Fight a VTL § 1229‐C (2)(b) Ticket