Legal Question in Traffic Law in New York
I was sitting in my car with the motor running, waiting for a truck ahead to finish maneuvering. I saw a cop standing on the sidewalk, which reminded me that my seat belt was not connected. As I pulled on it to connect, the cop saw me, ran over and told me to pull over. He then gave me a ticket. Was I in violation without a seat-belt, when sitting and not moving ?
1 Answer from Attorneys
If you are behind the wheel of a vehicle with the motor running you must have your seat belt engaged. Depending on the jurisdiction, you should consider entering a plea of not guilty and plea bargaining your ticket to a non seat belt ticket. Although seat belt and cell phone violations do not carry points, too many seat belt or cell phone tickets can give an insurance company reason to remove your good driver discount.
Joel R. Salinger
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