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Legal-Kal
Legal-Kal, Attorney
Category: Traffic Law
Satisfied Customers: 585
Experience:  Attorney at Law Offices of Khaled Issa
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Can you plea a seatbelt ticket to a parking ticket in

Customer Question

can you plea a seatbelt ticket to a parking ticket in Westchester county New York? I know a seatbelt ticket has no points but my insurance company can still see it..but they cannot see a parking ticket..that is why I am asking
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Legal-Kal replied 1 year ago.

Hi:

My name is ***** ***** I would be more than happy to answer your traffic ticket question. Before I begin, how would you consider or describe your driving background? This is an important role in trying to negotiate an amendment of the ticket from a moving violation to non-moving violation.

Customer: replied 1 year ago.
hello...basically my driving record has been clean for quite some time..although recently I have a 4 points..both 2 point disobeying a traffic device 1101a I believe the first one around 10/14 the second maybe this summer and in October I got a seatbelt conviction in NYC..which I know is a zero..but I don't want another one..also I just recently took the DMV defensive driver course..thats about it
Expert:  Legal-Kal replied 1 year ago.

Did any of those result in a deferred adjudication? The reason I ask is because you may have been able to obtain an amendment from the prosecution if you're record was very clean. However, since you have already had a seat belt violation not too long ago, prosecutors get the idea that you haven't seem to "learn" from your mistakes. When that happens, prosecutors are very less likely to grant an amendment.

Customer: replied 1 year ago.
what do you mean by a deferred adjudication?
Customer: replied 1 year ago.
I just googled it and I would say no
Expert:  Legal-Kal replied 1 year ago.

Usually with defensive driving courses, that is a part of any deferred adjudication (if you were under 25 at the time of ticket). Do you recall ever being told that the "ticket will be dropped/dismissed" or "it won't go on your record." Usually these would be the signs of a deferred adjudication.

Expert:  Legal-Kal replied 1 year ago.

Nonetheless, based on your record which contains recent traffic tickets, it will be unlikely that the prosecutor will allow an amendment of the ticket. (That being said, it never hurts to ask as the worst that can happen is the prosecutor saying "no").

Your better option would be to request from the court a deferred adjudication. If you complete the terms of the deferred adjudication (ie, payment of all fines and fees, not getting any tickets for the time period you are on deferred adjudication and completing a defensive driving course if required), the ticket will be dismissed. If it is dismissed, it will not go on your driving background and the insurance companies will not be able to see it (meaning they cannot use that ticket as a basis to increase your insurance rates). In essence, deferred adjudication can be thought of as a type of "probation." If you behave, the ticket is dropped.

Please let me know if you have any follow up questions. If so, I would be more than happy to answer them. If not, please remember to click "accept" and leave positive feedback so I may receive credit for my response. Thank you!

Customer: replied 1 year ago.
i understand that i can possibly ask for deferred adjudication...but at the end of the day a switch from seatbelt to parking CAN be done legally? the prosecutor had me believing it CANNOT..that is what I want to confirm...It may be another question of WILL they...but it can be done...correct?
Expert:  Legal-Kal replied 1 year ago.

Absolutely it can be done. The prosecutor has wide discretion (subject to any orders by his or her superior or by law) to amend tickets. Often times when a non-attorney tries to negotiate with the prosecutor, they will say "they cannot do it" as opposed to "I do not want to do it." They do this because they understand many non-attorneys do not know the "unofficial" procedure with tickets. For instance, if the prosecutor says "no" to an attorney, the attorney will know the basis for the denial and will adjust accordingly (after all, it is a job to the attorney).

On the other hand, if a prosecutor says "no" to a non-attorney, the non-attorney may not know what the reason is for the denial and may take it personally. That is why it is always best to hire an attorney. Attorneys are generally more familiar with the official and unofficial procedures in these types of situations.

But, to answer your question, yes, the prosecutor can amend the ticket legally, if he wants. Apparently, however, based on your record I am assuming, he does not want to amend it.

Expert:  Legal-Kal replied 1 year ago.

Good afternoon:

It has been a few days since the last posting. I am wondering if you have any other questions I may be able to answer? If not, please remember to click "accept" and leave positive feedback so I may receive credit for my response. Thanks again!