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I got a traffic ticket for putting no seatbelt. The trial is like 3 months from the incident. Can I win? if the cop doesn't show

Brooklyn, NY |

if he doesn't show I win right?

Attorney Answers 7

  1. I could be mistaken, but I think he gets a second shot to show up before you win. Each Court is different.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -

  2. Depends on where the ticket is being heard.
    It's not a slam dunk!

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

  3. If the cop does not show up, then it is up to the judge to give him/her a second chance.

  4. Depending upon the court the police officer may be given a second chance to appear.

    This communication is neither a solicitation nor an offer to represent you. The information provided to you in this communication is not intended to create and does not create a lawyer-client relationship with the Law Office of Daniel A. Jimenez P.C.

  5. The question in a seat belt ticket, or any ticket, is not will you "win" or "lose," that is the stuff of TV drama. The question is what are the insurance and licensing implications to being found guilty through plea or otherwise, and if there is no insurance or licensing implications is 4 to 12 hours of my life worth less than $135.00, which is what you would pay if you went online and plead to the charge. So long as you are not a junior driver or a commercial driver a finding of guilty to the charge of failure to wear a seat belt has no insurance or license implications. Contrast, if you as the driver were ticketed for unrestrained minors that is a moving violation and your insurance will go up. In that case it would be worthwhile to retain counsel.

  6. Simple Answer: Yes but you must appear to defend yourself. Hire a lawyer to protect your legal rights. Good Luck.




    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado

    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728

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