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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Hello, In NYC, I was pulled over by a police offer two

Resolved Question:

Hello,

In NYC, I was pulled over by a police offer two weeks ago. He asked for my license and registration, and as i proceeded to remove my seatbelt to take my license out of my pocket, I asked if there was a problem.

The officer replied, "yes, you dont have your seatbelt on", after just witnessing I had it on. I tried to reason with the officer, but he was quite egotistical, and just replied "you can contest it". On the ticket, he wrote that I wasn't wearing a seatbelt.

Two days later, a simliar problem happened with another police officer. A police officer pulled my vehicle over, and after realizing I had my seatbelt on, he told me that he was giving me a ticket for wearing my seatbelt improperly, in that my arm was over the top safety belt. Which makes no logical sense at all. On his ticket, he wrote I wasn't wearing a seatbelt at all as well.

How do I fight these tickets and convince a judge that this is just an example of pure abuse of power.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Joseph replied 1 year ago.
Any chance you have any witnesses to either event? Thank you.
Customer: replied 1 year ago.
My girlfriend was present 2 days ago in the car. But then again, no 3rd party witness.
Expert:  Joseph replied 1 year ago.

I was hopeful you had a witness to the first incident, it is this incident that would be most helped by having a third party present. As I understand it, this one will come down to the word of the officer versus your word. Candidly, this is always tough to overcome. As an example, I had a hearing recently where I had four witnesses provide contradictory testimony to that of the one officer. Despite this, the judge ruled in favor of the officer. If possible, you might consider bringing a witness that could testify that you are very concerned for safety and you always wear your seat belt.

.

As to the second incident, the witness is not terribly helpful. The problem here is that section 1229(3-a) of the New York Vehicle and Traffic laws states:

.

"it shall be a violation of this section if a person is seated in a seating position equipped with both a lap safety belt and a shoulder harness belt and such person is not restrained by both such lap safety belt and shoulder harness belt"

.

With this in mind, the citation for having your arm over the strap was legally appropriate.

.
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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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