Seatbelt Violation

[dr.mel_PT]

Of course, I'm driving home from work and not paying attention to how fast I'm going and I got pulled over. I've been driving for 12 years and have NEVER gotten pulled over; I've never even gotten a parking ticket! I'm usually SO mindful of my speed but I was on another planet today. Anyway, the cop got me going 70 in a 55 but since this was my 1st offense, he dropped it to a seat belt violation. I was planning on pleading guilty but everyone is telling me plead not guilty and try to get out of it in court. While the $135 fine is rough ($50 seat belt violation fine in NY + the ridiculous $85 admin charges), I don't think taking a day off of work + the risk of the cop showing up (he was so rude so I know he would show) and explaining what REALLY happened + the risk of getting the actual speeding ticket instead w/ the fine and the points on my license is really worth it. Am I being paranoid?

 

[chefkate]

Oh yuck! That is so frustrating!

I would just pay it & be done with it.

 

[JennieR]

I'd just pay it and be done with it too. It sounds like to much of a hassle to try and fight it.

 

[TeTe]

Were you wearing a seatbelt at the time? How can you fight it if you weren't wearing one and you got caught? I'm pretty sure the cop will show up (as far as I know, they're supposed to), and I would bet that he will definitely tell the judge what really happened if you try to contest it. Rude or not, he's done you a big favor, and I'm sure he won't hold back when he sees that you're trying to get out of any penalty. I'd pay up and consider myself lucky.

I don't think that there should be seatbelt laws. Unlike speeders and drunk and wreckless drivers, someone not wearing a seatbelt has no affect on me what-so-ever. They're only hurting themselves if they get in a wreck that they could have walked away from, but because they weren't wearing a seatbelt, they were ejected from the vehicle and killed or horribly injured. Save the laws for actions that would hurt other drivers.

 

[ldy_solana]

IMO since i live with a lead foot and i have done this several time, just pay the seatbelt ticket and be thankful the officer dropped it. its hard to get it thrown out of court for one, and two the officer did let you off really easy!!! i hope i get an officer like that for my first offense, they are not so sweet down here.

kassia

 

[dr.mel_PT]

Were you wearing a seatbelt at the time? How can you fight it if you weren't wearing one and you got caught? I'm pretty sure the cop will show up (as far as I know, they're supposed to), and I would bet that he will definitely tell the judge what really happened if you try to contest it. Rude or not, he's done you a big favor, and I'm sure he won't hold back when he sees that you're trying to get out of any penalty. I'd pay up and consider myself lucky.

Yup, I was wearing one; that is one thing I never ever forget. I've lost so many friends to fatal accidents that wouldn't have been fatal at all if they'd taken 2 seconds to fasten a belt!

IMO since i live with a lead foot and i have done this several time, just pay the seatbelt ticket and be thankful the officer dropped it. its hard to get it thrown out of court for one, and two the officer did let you off really easy!!! i hope i get an officer like that for my first offense, they are not so sweet down here.

ITA!! This was my initial plan until coworkers, friends, etc were telling me I was dumb for pleading guilty and supposedly you're "never supposed to plead guilty" which just sounds dumb to me, especially when you're techinically being cut a deal. I'm so grateful that he reduced the violation; otherwise I would have 6 pts on my license! I already feel dirty now having a seat belt violation on my record LOL.

 

[Liann]

Melissa - I've had people tell me that too - always contest it etc... But I figure the cops have better things to do that be forced to go to court for something that was my fault. I would just pay it myself and be really thankful you didn't get those points.

 

[syzygy314]

This is why they get away with charging people for things they didn't do! This is going on your record. If you were wearing your seatbelt and you've never had a single violation before, I would show up in court and just tell the Judge that you were wearing your seatbelt. Admit that you were speeding and you realize the officer didn't want to give you a ticket on your first offense. If the officer is upstanding, he'll admit that. He should have just let you off with a warning. It's likely it'll be dropped.

Of course, if financially it would cost you more to take the day off (no more paid days left), then leave it if you don't mind having that on your driving record for seven years.

For me, it would be a matter of principal. If you're going to charge me, charge me for what I did wrong, not for something I didn't do! I, too, have a clean driving record (knock on wood) and I wouldn't want it marred for something I'm not guilty of!

Just MHO!

 

[cataddict]

I don't think that there should be seatbelt laws. Unlike speeders and drunk and wreckless drivers, someone not wearing a seatbelt has no affect on me what-so-ever. They're only hurting themselves if they get in a wreck that they could have walked away from, but because they weren't wearing a seatbelt, they were ejected from the vehicle and killed or horribly injured. Save the laws for actions that would hurt other drivers.

A side comment, actually it affects your insurance rates, since if you were considered to be at fault in an accident and the non-seatbelt wearing person was injured, you'd pay for it through higher rates or being dropped by your company altogether. In my state the seatbelt law is secondary so you have to be doing something else to make them pull you over to charge you with not wearing a belt.

I'd pay the fine and be done with it, since I'm sure the speeding ticket would have been a lot higher. I doubt a "not wearing a seatbelt" violation does much to your driving record but I know absolutely nothing about NY law. After all, you did do something wrong, even if it was not something you have ever done before.

 

[mabdoo]

I had the same thing happen to me years ago. I just paid the fine and was done with it. However, it was 17 years ago and I only had to pay a $25 fee and a $10 surcharge (in NY). The officer really was doing you a favor in the long run.

 

[dr.mel_PT]

I doubt a "not wearing a seatbelt" violation does much to your driving record but I know absolutely nothing about NY law. After all, you did do something wrong, even if it was not something you have ever done before.

I asked my aunt who is a cop about it; she says it doesn't really affect your driving record at all. In a year it will be taken off as long as I don't get any more violations (which I don't plan on!!) and my insurance won't be affected either.