car seat jacket

Is it possible to fight this seat belt ticket?

I live in New York and was pulled over by a police officer for not wearing my seat belt. The only problem with this situation is that when I was pulled over I was stopped at a red light. The reason why I had my seat belt off was because I was putting on my jacket at the red light while my car was stopped. A police officer then approached my window and told me to pull over to the next side street. Before I began moving again I had put my seat belt on and moved to the side of the road. He then proceeded to give me a seat belt ticket. I was wondering if it is possible to fight the fact that I had my seat belt off only while my car was not moving? Because while I was operating the vehicle I had the seat belt reapplied.

From a legal standpoint, it does not matter. Unless you are legally parked, you are considered in operation of your vehicle.

That doesn’t mean you can’t contest it, it just means your fate depends on the judge’s discretion.

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