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Child Seat Belt Violations and Points Under VTL 1229 (c)

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Getting a ticket for driving without a child being in a booster seat or seat belt can be very upsetting. This ticket can cost you 3 points on your license and hundreds of dollars in fines, insurance increases, and time lost from work. Our office has successfully represented many driving on child seat belt violations all the way from from Stony Point to Hancock New York.

For your convenience, we have included a brief portion of VTL 1229 (c), for which many child seat belt tickets are written. Please note, New York's Vehicle Traffic Law is constantly changing and this statute may not be updated. It is important that you consult an attorney before relying on this statute.

§ 1229-c. Operation of Vehicles With Safety Seats and Safety Belts.

  1. No person shall operate a motor vehicle in this state unless: (a) all back seat passengers of such vehicle under the age of four are restrained in a specially designed seat which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213 and which is either permanently affixed or is affixed to such vehicle by a safety belt, or in the event that the weight of such passenger under the age of four exceeds forty pounds, such passenger may be restrained (i) in an appropriate child restraint system as defined in subdivision four of this section used with combination lap safety and shoulder harness belts or (ii) by a lap safety belt in the event such vehicle is not equipped with combination lap safety and shoulder harness belts or all the combination lap safety and shoulder harness belts are being used to properly restrain other passengers who are under the age of sixteen; (b) all back seat passengers of such vehicle who are age four or older but under age seven (i) are restrained in an appropriate child restraint system as defined in subdivision four of this section used with combination lap and shoulder harness belts or (ii) are restrained in a lap safety belt in the event such vehicle is not equipped with combination lap safety and shoulder harness belts or all the combination lap safety and shoulder harness belts are being used to properly restrain other passengers who are under the age of sixteen; or (c) in the case of any other back seat passenger under the age of sixteen, he or she is restrained by a safety belt approved by the commissioner.
  2. No person shall operate a motor vehicle unless all front seat passengers (a) under the age of sixteen are restrained by a safety belt; or (b) if they are under the age of four, by a specially designed seat which is either permanently affixed or affixed to such vehicle by a safety belt as required by subdivision one of this section, or in the event that the weight of such passenger under the age of four exceeds forty pounds, such passenger may be restrained (i) in an appropriate child restraint system as defined in subdivision four of this section used with combination lap safety and shoulder harness belts or (ii) by a lap safety belt in the event such vehicle is not equipped with< combination lap safety and shoulder harness belts or all the combination lap safety and shoulder harness belts are being used to properly restrain other passengers who are under the age of sixteen; or (c) if they are age four or older but under age seven, (i) are restrained in an appropriate child restraint system as defined in subdivision four of this section used with combination lap safety and shoulder harness belts or (ii) are restrained in a lap safety belt in the event such vehicle is not equipped with combination lap safety and shoulder harness belts or all the combination lap safety and shoulder harness belts are being used to properly restrain other passengers who are under the age of sixteen.

What is the Real Cost of a Traffic Ticket/Speeding Ticket?

There are many different costs associated with a ticket. For example, a conviction to a speeding ticket can result in a fine payable to the court which can be more than $600.00. This same ticket can also result in a fine known as a surcharge. Although the surcharge is paid to the court, it is money that is earmarked for New York State. Furthermore, a conviction to a major traffic violation can result in an insurance increase which may affect your premiums for years to come. There are also, ancillary costs such as points on your licenses which can result in a suspension of your privilege to drive. A conviction to too many points can result in New York State assessing a Driver's Responsibility Assessment against the driver. At the very minimum, this will cost the driver a few hundred dollars. What about the cost in terms of time? If you wish to avoid some of the financial costs associated with a ticket, it will also cost you time to appear in court. In many courts, fighting a ticket can result in multiple court appearances. Finally, many motorist do not realize that a court can impose a serious sanction of incarceration. Although it is rarely imposed, at the very least, a speeding ticket can result in a 15 day jail sentence.

About Our Firm: At Villanueva & Sanchala, PLLC we excel at getting tickets dismissed or reduced. We have over 25 years of legal experience and have gained a reputation among our peers as being superb lawyers. Our team of traffic and criminal defense lawyers is lead by Joseph P. Villanueva. He is a former prosecutor. Having a former prosecutor on your side can help in analyzing critical issues in your case. This can make the difference in you keep your license or having your license suspended or revoked. Call us now 914-723-7900.

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Fines and Surcharges

Our attorneys fight for our clients and attempt to resolve their case with the most favorable possible outcome. Below is a list of fines associated with some of the most widely issued tickets in the state. (Fines are subject to change without notice). Call our lawyers now at 800-893-9645 for a consultation.

Offense Fines
First-time speeding offense$45 to $600
One or more speeding tickets

(within eighteen months)

Up to $1,575
Traffic Infraction$100-$300
Disobey a Traffic Signal

(red

light)

$225-$675
Misdemeanor Convictions

(no other penalty provided)

$200-$1,225
Uninspected Vehicles$25-$200
Unregistered Vehicle or Trailer$25-$200
Equipment Violations of Vehicle or Trailer$0-$100
Surcharges$50 - $55

New York Driver Assessment

New York State imposes a Driver Responsibility Assessment (also known as a DRA) for drivers who accumulate six points or more are earned on the driving record. Call our lawyers now at 800-893-9645 for a consultation.

Assessment Fine
Six points or more on record$300 one time payment;
or $100 each year for 3 years
Any additional points earned over six points

$25 for each point for 3 years
Refusing to take a breathalyzer test, conviction for alcohol related traffic offense or conviction for drug related traffic offense$250 each year for 3 years

A driver's license will be suspended if they fail to pay the New York Driver Assessment. This fine also applies to out of state drivers. Driver safety courses will not reduce these fines.

Insurance

As far as insurance is concerned, traffic violations and points are included on a driver's record for at least 39 months.

When an insurance company views a driver abstract that has accumulated points they may impose a surcharge. Points may remain on a driving record for up to 4 years.

What's the Point System in NY?

There are too many possible violations to list in this answer, but for your convenience, here is a list of some common point violations.

Speeding

Points

01 to 10 mph over the limit

3

11 to 20

4

21 to 30

6

31 to 40

8

More than 40

11

Other Traffic Violations

Points

Reckless Driving

(misdemeanor, 6 month suspension)

5

Leaving the scene of an accident

(personal injury, misdemeanor, 6 months in jail, revocation of license, $600.00 fine)

5

Passing a school bus

5

Following too closely

(tailgating)

4

Inadequate breaks

4

Improper passing

(unsafe lane change, left of center or wrong direction)

3

Disobeying a Traffic Signal (red light, stop sign, yield sign)

3

Right of way, failure to yield

3

Railroad crossing violation

3

Leaving the scene of an accident (property damage/domestic animal)

3

Child Safety Restraint (under 16 years old in front seat, under 10 years old in rear seats, under 4 years old in child seat)

3

Inadequate breaks (employers' commercial vehicle)

2

All other moving violations

2

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