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Recieved a Seat Belt Ticket but I Was Wearing Seat Belt, in NYC

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  • 05-06-2011, 11:04 AM
    grenzelope
    Recieved a Seat Belt Ticket but I Was Wearing Seat Belt, in NYC
    My question involves a traffic ticket from the state of: New York

    Last night I was ticketed for not wearing a seatbelt while riding as a passenger with my partner in our car in our Park Slope, Brooklyn neighborhood. I'm fuming about it because I WAS wearing my seatbelt (always do), but the officer said he didn't see it. I'd love to fight this in traffic court, as I have a witness in my own car who knows I was wearing the belt, but I'm wondering what my chances are? The officer supposedly saw this at dusk from his huge SUV. My seatbelt & car interior are the same color as the jacket I was wearing. And - the location of the incident on the ticket is incorrect. Any advice on how to successfully fight this is appreciated.
  • 05-07-2011, 10:08 AM
    Mr. Knowitall
    Re: Recieved a Seat Belt Ticket but I Was Wearing Seat Belt, in NYC
    We can't speak to your chances. If you can present evidence that you habitually use your seat belt, perhaps the court will be receptive; but a traffic court judge may not have much patience for a succession of witnesses who will attest to your habits. You can argue that the officer was mistaken in his impression, perhaps using photographs to illustrate how the seat belt blended into your clothing.

    Why was the vehicle pulled over, and why did you remove your seat belt before the officer approached the vehicle?
  • 05-09-2011, 08:29 AM
    grenzelope
    Re: Recieved a Seat Belt Ticket but I Was Wearing Seat Belt, in NYC
    Thanks for your response.

    I never touched my seatbelt. It was on the entire time - before, during & after being pulled over.

    Re: why pulled over? Not sure. The officer first asked for the driver's (my partner's) license & our car registration. Checked that first. Then afterward, told us that he saw me without the belt. I began to tell him that respectfully, it had been on the entire time. He then asked for my license & proceeded to write up the ticket.
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