Legal Question in Traffic Law in New York

Hi

Issued a summons for "improperly wearing a seatbelt" NYSVTL 1229c3a. The top shoulder harness was placed below the nipple due to a left shoulder injury which causes severe pressure and throbbing on the shoulder. (In fact I received the injury after wearing the full harness and the airbag going off at 40mph- I could not lift my arms or turn my head to the right for almost a year) I am also a left handed.

What would an Doctors note (NYSVTL1229c 3a 7) have to say and is a court appearance necessary or can I just submit the note with a plea of not guilty?

OR

is a seatbelt considered vehicle equipment whereby if get it adjusted ("fixed") and can wear it on my shoulder submit the repair bill and get it dismissed?

Which will help me the most? I thank you so much


Asked on 8/17/09, 10:20 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

This is probably up to the discretion of the court, which means you need to make an appearance, and you might need to have the doctor come to court. Try with a letter first. The doctor ought to explain that the injury resulted from wearing the harness normally, and that it was medically necessary, to avoid a re-injury, to wear it the way you were.

Does the car not have a lap belt attached to the shoulder harness? If that was attached you should not have gotten a ticket anyway.

No one will read a long explanation submitted with a not guilty plea.

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Answered on 8/26/09, 9:00 am


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