can a cop pull you over in nyc for not wearing your seatbelt?

Question

i was in new york last week and a cop pulled me over only because he saw i wasnt earing my seatbelt.....i was told later by someone that he cant use that as a reason to pull you over but can use it as a secondary thing. is this true and is it worth fighting?

Answer 1

Yes, I'm afraid in New York state they can. Around here when a driver is not wearing his seatbelt it's considered a primary offense, meaning a cop can stop you and give you a ticket just for that alone. In some other states (like Missouri) this is considered a secondary offense, meaning a cop has to first pull you over for something more serious (like speeding) before he can charge you for not wearing the seatbelt.

It's foolish not to wear one's seatbelt, but in my opinion seatbelt use is strictly a personal responsibility and the government should just let people decide for themselves (except when it comes to making children wear them and strapping babies into proper car seats. That should of course be mandatory). The government and private insurance companies claim that forcing vehicle occupants to wear their seatbelts saves lives and reduces overall health care costs. This may be statistically true, but so what? Just where are we going to draw the line? What is the state going to do next, give people tickets for smoking, drinking, or taking in too many calories? Or perhaps force fat people to join gyms and ban risky activities like skydiving and rock climbing? After all, such laws would save lives too, wouldn't they? I'm sick and tired of all the politicians who make laws based on the mantra "If it saves ONE life, it's worth it" and that stupid "click-it or ticket" propaganda almost makes me want to NOT wear my seatbelt!

Answer 2

The first question of importance is, what are the laws regarding seat belts in New York State? In fact, what is the law regarding seat belts nationwide? The law is to: “Buckle Up!” “Click It or Ticket!” There are other reminders such as “Seatbelts saves lives.” It is a law to wear a seatbelt. Certain times of the year (Memorial Day Weekend, Thanksgiving Holiday, Christmas Holiday, etc) they really check your seatbelts because many drivers are driving drunk and therefore do not think.

Let’s say that you are a roller coaster person. If the ride required a seat belt, wouldn’t you put on that seat belt? Why? Because your safety and life are at stake. Imagine riding the Nitro at Six Flags without a support or seat belt. The result would be tragic. I am not sure if you have been in an accident, but I was in a serious bus accident where the bus sped past the stop sign and then ran into a brick house. I was around 5 years old at the time and what saved us from major injuries was the fact that we wore seat belts. If we didn’t, we might have gone airborne through the windshield because of the impact or be seriously injured by going airborne and one of the seats in front of us hurts us badly.

It may seem like a small issue, but don’t fight it. That officer is clearly doing his job. His or her job is to protect the public in any way, shape or form. They only want you to be safe. I am sure you are a good driver, but there are others out there who could be drunk, tired, irritable, or at least in a position where their judgment is impaired in some way. If you were to collide against one of them, guess who suffers the most. Just because you drive well does not give you leeway to keep your belt off. That seatbelt can be the difference between going through the windshield headfirst or whiplash. A scripture that readily comes to mind is in…

Romans 13:1, 2: “Let every soul be in subjection to the superior authorities, for there is no authority except by God; the existing authorities stand placed in their relative positions by God. Therefore he who opposes the authority has taken a stand against the arrangement of God; those who have taken a stand against it will receive judgment to themselves.”

Always remember to click it. Police officers can stop you for not buckling up. In fact, you can be ticketed. These days, policemen pull people over for trivial matters when they should really be pulling others over. Them pulling you over was for your protection. Who knows, that cop may have prevented a serious accident from happening because of some idiot who got behind the wheel and had one too many beers (or other forms of alcohol) and crash into you. If they did not stop people for not having their seatbelts, they would not be doing their jobs. You are the only thing on this planet that cannot be replaced. No one can duplicate you. All the material things you have can be replaced. You life cannot. Why not cherish it? The best lessons in life are the ones you live through and learn from such.

Answer 3

Tell him everybody in your car has to wear a seatbelt. He can put it on or walk. <<<...But he says that if I get pulled over because a cop sees him without a seatbelt we can just "fight it". I guess he means argue with the police officer and say that he was actually wearing a seatbelt....would this likely work ...>> No it wouldn't work. If he pulled you over because he saw him without his seat belt, telling him he was actually wearing it is going to piss him off. It insults his intelligence. If a police officer is issuing you a traffic ticket do not argue with him. It does you no good. You might try to reason with him before he writes the ticket. A State Trooper once wrongly pulled me over for speeding. I saw him in his hiding spot on the side of the highway. The car he clocked pass me at over 100 mph about 1/4 mile after I passed the cop. It was a black car that looked similar to my black car. The trooper came along about 30 secs later with his lights and pulled me over. He said I passed him at 92 mph. I explained to him that he had the wrong car and I saw the guy he was chasing pass me. He believed me and didn't issue a ticket. "...or does the cops word stand final?" The judge looks at it this way. What does the cop stand to gain by lying? What do you stand to gain by lying? If you lie successfully you get to not pay the fine. The cop gets paid the same whether you win your court case or not. Unless you can discredit his testimony with evidence, the judge is going to believe him.

Answer 4

Seatbelt is a primary offense in New York State. Meaning police can stop you if you are not wearing a seatbelt.

Answer 5

You may be retired but you don't know squat
In many states the Officer must have another reason for pulling you over. I do not know if that is the case in NYC.

reitired too

Answer 6

It is a mandated law for enforcement and they can certainly pull you over just for that, in any state. BTW, there is no such thing as a "secondary cause" for vehicular stops and whatnot. An offense is an offense....period. One piece of friendly advice: ignore all legal advice unless its from a proven and reliable source. You would have looked pretty foolish if you had followed your friend's advice.

Answer 7

New York is very serious about seat belts and the police can ABSOLUTELY pull you over only because you didn't have it on.

Answer 8

Wearing a seatbelt is a law in Texas... I wouldn't doubt it's a law in NY, as well...

Answer 9

Law enforcement can pull you over for any reason they see fit to their discretion, all they have to say is that they believe you were acting suspicious on any number of moving violations.
Fair? It doesn't matter it's all about the funds the courts receive for the city, county, or state through fines and costs.

Answer 10

Wearing a seat belt in NY is mandatory, pay the ticket.