VTL § 1229‐C (1)(c), “Back Seat Passenger Age 8-15 No/Improper Restraint”

Vehicle & Traffic Law (VTL) § 1229-C-1-C obligates the driver of a motor vehicle to ensure that a child/teen between the ages 8 and 15 sitting in the back seat of the car is properly buckled. The failure of this passenger being buckled properly can result in a ticket against the driver. It does not matter if the driver is related to the child or responsible for the child.

Pleading guilty of — or being found guilty to —VTL 1229C1C will result in an automatic three points being added to the license of the driver. The exact fine is determined by the judge and ranges up to $100 + $93 surcharge for a first-time violation. Fines can vary in city courts. Insurance companies typically increase the premiums with such a violation appearing on the driving record and the biggest cost of the ticket is commonly the increased insurance rates

Text of Statute

§ 1229-c. Operation of vehicles with safety seats and safety belts. 1. No person shall operate a motor vehicle in this state unless…:
………………………………
(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.

Disputing a VTL § 1229(C)1C Ticket

If you received a 1229(c)-1c ticket it is likely in your best interest to fight the charges. It probably does not matter if the passenger was in fact belted or not. Disputing the allegations of the ticket does not require that the defendant make a factual claim, as this would violate their constitutional right against self-incrimination. Rather pleading not guilty requires the officer to prove the case.

This is where an experienced traffic ticket attorney comes in. The lawyer will be familiar with the relevant legal and procedural requirements that must be undertaken by the ticketing officer to establish a prima facie violation. If the officer fails to comply with all the requirements then your attorney can use the failure for leverage to obtain an optimal plea bargain or even get the charges dismissed entirely. Another benefit of retaining a traffic ticket attorney is that they can go to court in your place. This means you can get your charges dismissed or reduced without having to leave your home or take off from work. For more detailed information, you can get in touch with the team at the Benjamin Goldman Law Office.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. Our law office handles all types of traffic related charges and have successfully handled many VTL § 1229(C)(1)(c) citations. Attorneys from our firm are often able to get them dismissed or reduced to parking tickets. The Benjamin Goldman Law Office takes on cases in North Country, Mohawk Valley, Central New York, Finger Lakes, Western New York, Southern Tier, Catskill Mountains, New York City, Long Island, Hudson Valley, and the Capital District. We provide all motorists with a free consultation. You can contact us at your convenience via phone call, text message, website submission, or email. The team at the Benjamin Goldman Law Office looks forward to taking on your case.

Fight a VTL § 1229(C)(1)(c) Ticket