Vehicle & Traffic Law (VTL) § 1229-C (2)(a) obligates the driver of a motor vehicle to ensure that a child/teen between the ages 8 and 15 sitting in the front seat of the car is properly buckled. The failure of this passenger being buckled properly can result in a ticket against the driver. It does not matter if the driver is related to the child or responsible for the child.
If you plead guilty or are convicted of VTL 1229-C (2)(a) the New York State Department of Motor Vehicles will put 3 points on your driving record The fine is determined by the judge assigned to your case and ranges up to $193 surcharge for a first-time violation. The fines can vary in city courts. 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.
§ 1229-c. Operation of vehicles with safety seats and safety belts.
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2. No person shall operate a motor vehicle unless all front seat passengers (a) under the age of sixteen are restrained by a safety belt;
If you received a 1229-C (2)(a) traffic ticket it is most likely in your best interest to fight the charges. Whether in fact the passenger was belted or not should not play a role in determining whether to dispute the charges. 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.
This is where a traffic ticket lawyer comes into play. An experienced traffic ticket attorney is familiar with the legal and procedural requirements that are necessary to establish a prima facie violation. If the officer fails to comply with all the requirements, then the lawyer can use the failure thereof as leverage to obtain an optimal plea bargain or even get the charges dismissed. Another advantage to retaining a traffic lawyer is that they can go to court in your place. This means you can get the violation dismissed or reduced without having to leave your home or take off from employment. For more information, feel free to get in touch with the attorneys at the Benjamin Goldman Law Office.
The Benjamin Goldman Law Office is a New York law firm that practices Vehicle & Traffic Law. Our firm welcomes all types of traffic related charges and we have successfully handled many seat belt tickets. Lawyers from our firm are often able to get them thrown out or reduced to violations that will not appear on the driving record, such as parking violations. The Benjamin Goldman Law Office handles cases across New York, including Western New York, Finger Lakes, Southern Tier, Central New York, Catskill Mountains, Mohawk Valley, Capital District, Hudson Valley, New York City, North County, and Long Island. All motorists are entitled to a complimentary consultation. We can be reached by website submission, text message, email, or phone call. Our team looks forward to fighting your seat belt ticket.
If your child was injured in a car accident and may have been improperly belted, you can contact the Sternberg Injury Law Firm to review your options
Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. The information on this website shall not be construed as an offer to represent you, nor is it intended to create, nor shall the receipt of such information constitute, an attorney-client relationship. Our hope is that you will find the information useful and informative, and we would be happy to communicate with you and answer any questions you may have about our legal services. Readers should not act upon the information on this website, or decide not to act based upon the information on this website, without first seeking appropriate professional counsel from an attorney licensed in the home state of the drivers license of the person who received the relevant traffic citation.