Tied up by seat belt tickets in upstate NY

Do you wear your seat belt every time you drive? Do you ensure that all your passengers are buckled up before you get moving? Seat belt and child-safety restraint laws in New York might seem easy to follow, but for any readers who haven’t made this a habit, the rules are worth a review.

NY vehicle and traffic law § 1229(c) lays it all out:

• drivers must be belted in

• passengers age eight and older must also be wearing a seat belt

• passengers age seven and under must secured using a restraint system (the type depends on the age of the child)

If an unrestrained passenger is under 16 years of age, the driver will be the one getting the ticket; otherwise, it’s on the passenger. If you’re given a seat belt ticket for yourself, it carries a fine of up to $50, but if the ticket is for a minor child, the fine is up to $100 together with 3 points on your license.

That can add up fast if, for example, your 13-year-old decides to be “helpful” by unbuckling all the other kids before you come to a stop and a police officer stops you, as happened in one case with which I’m familiar. In other words, even if you think you’re doing everything right, you may be incorrect!

Don’t rush to enter a guilty plea on this or any traffic violation. I will gladly give you a free phone consultation to discuss your options and work out a strategy for defending against seat belt tickets which might seem unfairly written.