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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
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

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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.
Any chance you have any witnesses to either event? Thank you.
Customer: replied 4 years ago.
My girlfriend was present 2 days ago in the car. But then again, no 3rd party witness.

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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