Question on Seat Belt ticket

[louis c]

I received a seat belt ticket in Orange County NY. I found as of 2010 its a 2 point offense. I called an Attorney who told me he Guarentees it will be dropped to traffic ticket if I hire his office for $495.00 If he doesnt win he forfeits his fee. Here is my question. A friend of mine was explaining to me that if you show up for the court date more then likely you will get it dropped to a parking offense by yourself as a plea deal. I know a few years ago I received a speeding ticket upstate NY and when I went to court the Prosecutor offered to make it an illegal parking ticket with a $150 fine. I of course jumped on this. Is there something special I need to know about the process. I really cant afford to pay a lawyer $495 plus the cost of whatever the ticket is.
Any advice would be appreciated.
Louis

[cahoonzie]

Louis: Generally, NY statutory law sucks on legal stance and is often open to successful attack. The reason is that NY (and California) tend to push the 4th right to privacy and the 14th right to due process beyond Constitutional limits. Let's think out this dilemna. Traffic offenses are NO FAULT IN NY. That is, you are wrong even if you are right. If the issuing officer does not show up for the court hearing (likely in Middletown, Newburg or Goshen), the Judge will drop the charge without an attorney present. OK so far?

The NY seat belt law was and in most states is a secondary offense. For instance, the officer must FIRST stop you for a traffic infraction such as speeding or a tail light failure. If in the process of stopping you for the primary infraction he/she sees you are not wearing a seat belt, then a ticket may be issued for the lesser offense.

Prior to 2010, "not wearing a seat belt" was "Pointless" (no points on your license). This 2010 NY "points" law is very arguable as points raises insurance premiums akin to speeding or running a red light.

Now to the practical side. This attorney wants $450 bucks (roughly) and "guarantees" it will be dropped to a traffic ticket. Not wearing a seat belt is a traffic ticket LOL. Here is what your attorney is going to do. Plea bargain with the officer to lessen the charge to a non point traffic infraction (most folks do not know that a traffic infraction can contain points or be pointless at the officer and Township's discretion).

CONCLUSION: Drop the Attorney. Go to court and when you see the officer ask him to go out into the hallway with you. Plead you are really soory and your hemroids were bothering you soooo bad, you had to move around in the driver's seat which necessitated temporary removal of the seat belt. The officer will drop the charge to a parking ticket OR drop it all together. Just remember, make a good reasonable argument. GOOD LUCK!

[Mako167]

+1 on cahoonzie's advice! I've dropped seat belt tickets for less. I know I've missed court several times when my only cases were seatbelt citations. The 'roid defense is classic!!! But, to pull it off successfully, you MUST make the officer believe your ass was on fire at the time of the stop. Explain that you didn't mention it at the time because you have the utmost respect for the law and the job LE officers do. Please, please let us know how this turns out!

[cahoonzie]

Thanks much Mako. I tend to think outside the box. In this case, my strategy is to throw the officer off balance without giving him/her the benefit of prior notice (time to think about the argument) and secondly; given our health concious society compounded with the "delicacy of the defendant's temporary infliction" (cannot be proven - just tell the officer you ate a can of chili for lunch or enchaladas for breakfast the day of the ticket - reasonable!), the tansgression was reasonably beyond his control. Also, the probablility is the officer who rides in a cruiser most of his working day has experienced such itching and likely has temporarily removed his seat belt lol. Thus, there is great probability, the officer will "walk away". I too would appreciate Lous letting us know how this turns out.

[cahoonzie]

ON A RELATED TOPIC: I just remembered (at 63 we slow down a bit lol). I got stopped in New York about a month ago for not wearing a seat belt. HERE IS HOW I GOT OUT OF THIS TICKET.

SETUP:
The New York State Police positioned a marked spotter at the exit of a rest stop on I 84. The spotter was next to the highway and completely obvious. They positioned four chase units about 1/2 mile ahead beyond a turn so they were not visible as one passed the "spotter". Really nice strategy and I applaud the NY State police.

MY TRANSGRESSION:
I am traveling East on I 84 not wearing a seat belt. I NEVER WEAR A SEAT BELT due to a real beef I have with the Constitutional right to choose one's destiny - argument for another day). Soooo, I cruise by right in front of this police car minus a seat belt. I made no attempt to put on the seat belt as I approached the officer's vehicle (not good to make an admission in from of the officer).

The officer did not chase me? First thought is that he is a spotter. I put on my seat belt out of his sight but before I rounded the curve. I proudly drove past 4 trooper cars wearing my seat belt. Well, this chase car puts his lights on pulls to my rear then pulls into the outside lane (i know he is checking me out for a seat belt because I was not speeding and my auto is new). I pull over and the officer approaches my driver's side. The following conversation took place (paraphrasing).

GOOD MORNING. DO YOU KNOW WHY I AM STOPPING YOU SIR? (Fishing for an admission). I replied with controlled anger and a bit of authority: AS A MATTER OF FACT OFFICER, I HAVE ABSOLUTELY NO IDEA WHY YOU STOPPED ME!. Officer: WE HAD A SPOTTER AND YOU WERE NOT WEARING A SEAT BELT. I responded with authority: I ALWAYS WEAR A SEAT BELT. Officer responded: SIR I AM NOT GOING TO ARGUE WITH YOU. LICENSE AND REGISTRATION PLEASE.

He returned to my car several minutes later and indicated: MR. S.... HERE IS YOUR LICENSE AND REGISTRATION HAVE A NICE DAY - NO TICKET.

CONCLUSION:
Here is what I had strategized would happen and likely did happen: The chase officer got on the horn with the spotter and his supervising seargant. The spotter saw me minus a seat belt while the chase officer saw me wearing a seat belt. There was absolutely no line of sight in which either officer could have seen me putting on or taking off a seat belt (admission). It would have amounted to the chase officer's perception v. the spotter's perception. The seargant likely said to the officers "This guy got us. Let him go". lol.