VTL 1229-C (2)(c), “Front Seat Passenger
Age 4-7 No/Improper Restraint”

Vehicle Traffic Law (VTL) 1229-C (2)(c) is a rarely cited traffic ticket. It relates to the passenger between the ages of 4 and 7 that is not buckled properly in the front seat. Children at that age are more likely to be seated in the back seat than the front seat. If they are not belted in the back seat, the appropriate charge is VTL 1229‐C (1)(b).

A ticket for this violation is issued to the driver of the vehicle, irrelevant of their relation to the passenger. As the passenger is not an adult, if the driver pleads guilty or is convicted of VTL 1229C2C, the New York State Department of Motor Vehicles (DMV) will automatically add three points to the driver's license. In New York City, the fine is $138. Outside of New York City, the fine is determined by the judge, with the maximum being $193 total fine for a first-time violation. With this violation appearing on the driving record, car insurance companies typically increase the premiums, which means the biggest cost of the ticket is usually the increased insurance rates

Text of Statute

§ 1229-c. Operation of vehicles with safety seats and safety belts.
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2. No person shall operate a motor vehicle unless all front seat passengers
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(c) if they are age four or older but under age eight, (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.

Disputing a 1229-C (2)(c) Ticket

If you received a 1229-C (2)(c) traffic ticket it is most likely in your best interest to plead Not Guilty. In determining whether or not to dispute the charges, it should not matter whether in fact the passenger was properly belted or improperly belted. The reason is that pleading Not Guilty does not mean you making a factual claim about the nature of allegations. Rather, it means you are utilizing your Constitutional rights to have the police officer meet their burden of establishing a prima facie traffic violation. Also, cases are not won by presenting counternarratives to police testimony, which is why the actual reality usually does not play much of a role in fighting the ticket.

This is why it is imperative to have a traffic ticket lawyer in your corner. An experienced defense attorney will be familiar with the legal and procedural requirements that is needed to prosecute a case. If the prosecution fails to comply with the requirements, then the lawyer can take advantage of that shortcoming to get the charges dismissed or use for leverage to obtain an advantageous plea bargain. Another plus to retaining a law firm is that your lawyer can go to traffic court in your place. For more detailed information, get in touch with the attorneys at the Benjamin Goldman Law Office.

Benjamin Goldman Law Office P.C.

The Benjamin Goldman Law Office is a New York State law firm that practices traffic ticket defense. Our law firm has 15+ years experience fighting all types of traffic-related charges. We practice across New York State and have handled traffic tickets in the vast majority of its approximately one thousand city courts and justice. The Benjamin Goldman Law Office handles traffic violations in the Catskill Mountains, Long Island, Western New York, North Country, Hudson Valley, Mohawk Valley, Capital District, Finger Lakes, New York City, Central New York, and the Southern Tier region. Our law firm provides all motorists with a complimentary consultation. We can be reached by text message, email, or phone call. We look forward to taking on your seat belt ticket case.

Fight a VTL § 1229-C (2)(c) Ticket