help me with the law... (NYS)

[PHiuR]

What is the seat belt law in New York State?

New York State law requires all front seat passengers to wear seat belts. Children less than age 16 must wear seat belts when they are in the front seat or the back seat. Children under the age of four must sit in certified safety seats. The penalty for a seat belt or car seat violation is a fine of up $50. If a safety seat conviction or a seat belt conviction includes a person under the age of 16, the driver receives a maximum fine of $100 and 3 points on the driver license record.


today, i was driving to a college fair @ hvcc and there was a police road block, there were 5 of us in the car. me and my friend in front had our seat belts... 1 friend in the back had seat belt and 2 of my friends in back did NOT have seatbelts on. according to that law, should i have gotten 2 tickets? one friend is 16 and other is 17. reading that law i think i should not have gotten the 2 tickets. both for underage child in backseat without seatbelt. i am 16 myself. and the 2 passengers with seatbelt on are 17.

edit: im going to ask my dad when he gets home.
but what is the best way to go and try to fix this.
and if i am convicted does that mean $200 and 6 points?


thx

 

[Digobick]

According to what you wrote, no one in your car was under the age of 16. Therefore, you should only have to pay $100. I would fight it, and if you lose make your friends pay the fine.

 

[Kevin]

Thats news to me. I thought both front passengers have to wear seatbelts and anyone under 13 has to wear them if they are sitting in the back...

 

[yobarman]

it's not points on your license i dont think. I got a ticket for $35 for no seat belt, and there was no point in fighting it because i would have to pay court fees to pay anyway. why didnt you just make your friends put on seatbelts when you saw the road block?+

edit: it was in new york state

 

[PHiuR]

we diddnt see it, because it was a narrow 2 lane road... and there was a big SUV in front of me..before i saw the cop it was too late.

i thought if you were over 12 or 13 you diddnt need to wear seat belts in back... (not saying its smart to do so but...)

 

[Yossarian]

Do the tickets specify the ages of the unbelted passengers? If so you should have no problem fighting it.

 

[PHiuR]

the ticket violation says... "unrestrained child 16 in years" ... and i can barely read his handwriting!

according to the law, it sounds like if your older than 16 you dont need to wear the seatbelt in backseat

 

[BooGiMaN]

thats a weird law why wouldnt they just make it so everyone has to wear them..here in calif the law is everyone has to wear them that way the people in the back dont come flying and hit the people sitting in the front in an accident

 

[Kevin]

Ask Hillary...

 

[brxndxn]

IMO, it's idiotic to fine the driver for a passenger not wearing a seat belt - unless the passenger is a little kid. BTW, make your friends pay the damn fine.. They're the ones that got it for you.

Also, the maximum fine is $100. Therefore, you cannot be forced to pay more than that. You can't be fined twice because this was only one occurence and one car. The cop was wrong.

This would be like a cop pulling you over for speeding and giving you two tickets because you went 15 over at one point and 10 over at another.

 

[teddymines]

If everyone wearing a seatbelt in the back is 16 or older, you should not have gotten any tickets. If you're out of state, maybe the cop thought it would be an easy win because you might not travel back to contest the ticket.

http://www.response.com/about_response/press_releases/seat_belt_law.asp

http://www.nydmv.state.ny.us/broch/c-1.htm

 

[PHiuR]

Originally posted by: teddymines
If everyone wearing a seatbelt in the back is 16 or older, you should not have gotten any tickets. If you're out of state, maybe the cop thought it would be an easy win because you might not travel back to contest the ticket.

http://www.response.com/about_response/press_releases/seat_belt_law.asp

http://www.nydmv.state.ny.us/broch/c-1.htm

you mean not wearing?

 

[teddymines]

You're right, my mistake. Back seaters without seatbelts won't get ticketed if they're 16 or older.

 

[PHiuR]

thank you... i usually like cops...but they pick on the naive..and those who are scared/dont kno the law well. perhaps thats why so many people don't like cops.