Seat Belt ticket for child without seat belt

I was helping in my parents office when one of the clients was lost and didn't know how to get to our office. So I drove out there and picked her up. I didn't know she had a 5 year old kid also. So I picked them up where they sat in the backseat of my car.

I got pulled over by this policeman who wrote me a ticket for child not wearing seatbelt.

Is this a moving violation? What are the relevant legal issues here?


Also, I just returned 'not guilty' plea. Should I initiate Request for Discovery now? Or wait til the hearing?

Thanks for any help.

Since it does not involve a child seat that you could possibly argue, simply the child was not restrained by the methods available to you, what could possibly be your defense?

Since you did not include the state, I have no idea as to the situation being legitimate or not. In some states, the driver is not responsible for others in the car, in others, they are.

This was in new york city. at what age is the child required to have a child seat?

And is it a case where I have to provide a legal defense? Or is the burden of proof in the district attorney or city/state of new york?

what evidence do they have available to prove their claims? I assume video tape in the police vehicle and officer's memory and recollections. I guess if they are able to provide those , it will be my burden to demonstrate whether those evidences are valid?

and say how would this apply to taxi drivers or people who drive as a profession, who have no control over whether their passengers are properly restrained?

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Quoting misterjustice

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This was in new york city. at what age is the child required to have a child seat?

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6 years and younger.

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And is it a case where I have to provide a legal defense? Or is the burden of proof in the district attorney or city/state of new york?

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Unless the child was, miraculously NOT 5 years old, what is the defense?

The "proof" will consist of the reasonable suspicion to make the stop, the identification of the age of the minor in the seat, and that the child was not properly secured.

The only way to effectively make your case would be to successfully argue that the stop was unlawful for some reason and thus the subsequent discovery of the improperly restrained child was as a result of the unlawful detention. Alternatively, if the officer just assumed the age of the child and no one in the car confirmed the age or disputed the claim, then you can always ask the officer on your cross examination how he determined the age of the child. if you or another occupant said he was five then you may be SOL.

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and say how would this apply to taxi drivers or people who drive as a profession, who have no control over whether their passengers are properly restrained?

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It's my understanding that this assesses a point count on your license in NY. And while I don't know about drivers for hire in NY, out here most the taxi companies and services that hire out carry one or two booster seats or car seats in the trunk. It's prudent to do so if you want to be able to legally carry a fare.

- Carl

Will the evidence or burden of proof the state/city has be the officer's testamonial and/or dash board camera?

Are there any other possible evidences that might be used?

If you want to fight this, you are going to claim a defense such as Carl posted. When you go into court, the officer is going to state he observed the child without required restraint. Unless you can somehow impeach the officers testimony, it will generally be accepted as fact.

So, it will then be up to you to defend against the ststement of the officer or the legality of the stop which allowed the officer to see the unrestrained child.

Do you have a defense?

I don't have a defense right now. From my point of view was, a woman called on the phone saying that she was lost , in broken english. I drove out there to help her find our office. I had no ability to communicate with her except one or two words such as 'lost' 'help' 'main street' 'come'.

Same with the kid. So, legal issues aside, I drove out to help a woman who was lost. This is not my job, I am in the office on the weekend helping my parents.

You might get some sympathy and a break from the judge, but that is an explanation and not a defense. To use that you might consider pleading guilty with an explanation.

The offense is really not that difficult for the state to prove. There are three elements: The stop, the age of the child, the lack of a proper restraint. All three can be shown by the officer's statements unless he pulled you over for no reason, never looked inside the car, and never inquired on the age of the child.

Be prepared to pay the $100 or so fine.

- Carl

Sorry for your situation considering how it came about. The only defense I can think isn't truly a defense but more of "guilty, with explanation". If you do not have any children, you may try to explain your ignorance and blame the mom for not restraining the child believing it to be her responsibility. The courts might have some sympathy. Then again, maybe not.



Offhand, I do not knwo the seatbelt laws in my state concerning children because I do not transport children BUT if I were to transport children, I do know seatbelts are generally required and would require all passengers to buckle-up. Anybody in my car is required (by me) to buckle-up due to the fact that generally they are required and I don;t wnat to have to worry about a ticket because they were idiots and did not buckle themselves.

Seatbelt use in generally required in New York. The specifics only define that general statement.

edit: I swear your post was not there when I started my post Carl.

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Quoting jk

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edit: I swear your post was not there when I started my post Carl.

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Heh. :D It's a time thing. You probably started yours when I was submitting mine. At least we didn't somehow have contradictory info ... THAT could be embarassing.

- Carl