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Speeding ticket (1180D) & improper seat restraint for a 7 year old (1229c1b)

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fififush29

Junior Member
What is the name of your state (only U.S. law)? New Jersey
Hello all, first of all I would like to thank you before hand for your input. I was driving this Sunday 9/04/2016 from Niagara Falls back to New Jersey with my daughter on a rented car. We were going on a downhill in some part of NY not sure where. WAYLAND NY I just read the citation. The officer got behind me for about 2 miles before pulling me over. Reason, he stated I was going 71 on a 55 (construction zone) I haven't gotten pulled over in over 2 years, specially not for speeding. He states he clocked me doing 71mph on a downhill and entering a construction zone. To be honest I didn't even see him, I don't think I was doing 71mph, specially when my gps tells me if I am going over the speed limit and I wasn't aware it was automatically 55 on an empty construction zone. I saw a sign for 65mph but he stated it's 55 on a construction zone. Later, he saw my daughter laying down in the back seat sleeping. I wasn't aware she had unbuckled her booster and was using her booster as pillow while sleeping in the back seat. He came back and gave me two separate tickets, he had the audacity to tell me he was cutting me a break stating he didn't mention the car seat but he did mentioned the improper restraint. What was i supposed to do force her to stay in her booster while also, driving in the middle of what, at the moment, it seemed like nowhere? Now way! Im a little scared about these tickets. I live about 4 hours or more, away from the town in which i need to appear. Anyway you could help with this? Can you please advice on what i should do? I dont want the point, as they may transfer to NJ and I am afraid about the improper restraint that he gave me for my daughter. Please any advice on how I can get this fixed or lessened?
 


FlyingRon

Senior Member
1. Cops are allowed to hide.
2. You are required to moderate your speed on downgrades.
3. Your "belief" means nothing in court.

I'm not sure what "break" he gave you. Are you saying he gave you a ticket for the driver not wearing a seat belt rather than the child not properly restrained. That, in NY, is a zero pointer rather than a three pointer.

NJ gives a uniform 2 points for any out of state moving violation. Seatbelt/car seat violations are not considered moving violations in NJ.
 

not2cleverRed

Obvious Observer
The state is NEW YORK.

What is the name of your state (only U.S. law)? New Jersey
Hello all, first of all I would like to thank you before hand for your input. I was driving this Sunday 9/04/2016 from Niagara Falls back to New Jersey with my daughter on a rented car. We were going on a downhill in some part of NY not sure where. WAYLAND NY I just read the citation.

That means that you were ticketed in NEW YORK. New York law is what is (legally) relevant, New Jersey is just where your license is.

The officer got behind me for about 2 miles before pulling me over. Reason, he stated I was going 71 on a 55 (construction zone) I haven't gotten pulled over in over 2 years, specially not for speeding. He states he clocked me doing 71mph on a downhill and entering a construction zone. To be honest I didn't even see him, I don't think I was doing 71mph, specially when my gps tells me if I am going over the speed limit and I wasn't aware it was automatically 55 on an empty construction zone. I saw a sign for 65mph but he stated it's 55 on a construction zone.

Whatever. Sorry you got caught, but this is not a defense to use in court.

Later, he saw my daughter laying down in the back seat sleeping. I wasn't aware she had unbuckled her booster and was using her booster as pillow while sleeping in the back seat. He came back and gave me two separate tickets, he had the audacity to tell me he was cutting me a break stating he didn't mention the car seat but he did mentioned the improper restraint. What was i supposed to do force her to stay in her booster while also, driving in the middle of what, at the moment, it seemed like nowhere? Now way!

What?!!! Who's the parent? Yes, you *are* supposed to force her to stay in the booster seat. Even in the middle of "nowhere". It's the law in *everywhere* New York.

If it were me, I'd use this incident for the next 10 years, every time the kid tried to do something equally stupid. "For the cost of that 'nap' I could have bought you a pony! There's a reason why I tell you to do these things."

Yeah. So I'm not the "fun" parent.


Im a little scared about these tickets. I live about 4 hours or more, away from the town in which i need to appear. Anyway you could help with this? Can you please advice on what i should do? I dont want the point, as they may transfer to NJ and I am afraid about the improper restraint that he gave me for my daughter. Please any advice on how I can get this fixed or lessened?

Good luck.
 

HighwayMan

Super Secret Senior Member
Seems like the break he gave you was writing you the 1180(d) instead of the 1180(f) - speeding in a work zone.

If you even return to read the replies...
 

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