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QuestionInsurance Question  My friend was stopped for no seat belt in Long Island, NY. Along with the no seat belt he was given 3 other tickets for no- inspection, no-registration and no insurance. Why was he only ticketed and car not impounded? What is the penalty for all of these tickets?

AnswerAuto Insurance Answer

It is surprising that person driving without registration, an inspection sticker or without valid proof of auto insurance did not have their vehicle impounded. Law enforcement in New York can impound vehicles for these serious offenses, especially driving without insurance, however it is usually up to the discretion of the officer to decide to place a car in the impoundment lot or not.

Your friend will be facing some serious charges in court and there are many tickets all stemming from one traffic stop it is unlikely that the court would be lenient on the driver. Let's take a look at what fines and penalties your friend is facing for the 4 citations for violations he received in NYS.

According to the New York State Department of Motor Vehicles, NYS law requires all front seat passengers to wear seat belts. Also children under the age of 16 must wear seat belts when they are in the front seat or the back seat. Children under the age of four must ride in safety seats. Children age four, five or six must ride in child restraint systems.

The NYS DMV states that the penalty for a seat belt or car seat violation is a fine of up $50. If a conviction includes a person under the age of 16, the driver receives a maximum fine of $100 and 3 points on the driver license record.

The New York Department of Motor Vehicles notes that if the inspection sticker on your vehicle has expired in the past 60 days, you can receive a fine of $25 to $50. If the inspection sticker is expired more than 60 days, the fine is between $50 and $100. If there is no inspection sticker, the fine is between $50 and $100. Mandatory state surcharges of up to $55 are added to the fine.

We actually found that information from the DMV stating that as of July 1, 2008 if you get caught with an expired sticker, you will now pay $110 in fines and surcharges. Other amounts are going up as well. The surcharge on all moving violations is going from $55 to $85. Equipment violations are going from $35 to $55.

Every conviction in New York carries a mandatory surcharge, a fee imposed on a defendant who has been convicted of a crime. It is separate from fines imposed by the court. So your friend will have fines with surcharges attached that make the payment penalty much higher in some cases.

Driving without registration in New York State is a violation of NY Vehicle and Traffic Code section 401. New York Vehicle and Traffic law 401 states in part 1 (a) no motor vehicle shall be operated or driven upon the public highways of this state without first being registered in accordance with the provisions of this article.

Later in section 401 of NYS law it notes that an unregistered car can be receive penalties of a fine of not less than $75 nor more than $300 or by imprisonment for not more than 15 days or both the fine and jail time. If the violation consists of failure to renew a registration which was valid within 60 days, the fine shall be not less than $40.

New York Vehicle and Traffic Code (VTC) section 315 discusses financial responsibility. Here it states that when insurance with respect to any motor vehicle is terminated by cancellation or failure to renew the owner shall surrender forthwith his registration certificate and number plates of the vehicle to the commissioner unless proof of financial security otherwise is maintained.

NYS law requires you to surrender your vehicle plates to the NYSDMV before there is a lapse in your liability insurance. If you do not surrender your vehicle plates, the DMV will suspend your registration and driver's license. So if you are no longer keeping insurance on your vehicle you need to turn in your plates before other penalties are placed upon you and your license.

If you are convicted of operating an uninsured motor vehicle or permitting another person to be operate your uninsured vehicle, your license will be revoked for at least one year. The same penalty applies if the Department of Motor Vehicles receives evidence that you were involved in an accident without being insured.

Some revocations require you to pay a civil penalty before your application can be accepted for a new license. This includes revocations for No Insurance or Uninsured Accident. These violations come with a $750 civil penalty.

The civil penalty is an additional monetary payment over the normal fine amount. NYS Vehicle and Traffic law 319 notes that being caught without insurance is a traffic infraction and upon conviction you may be fined not less than $150 or more than $1500 or may be imprisoned for not more than 15 days or both the fine and jail time.

The NYS DMV notes that you could be arrested or ticketed, and your vehicle impounded, by a law enforcement officer if you are caught driving without insurance. So the officer could have impounded your friend's car when he found that there was no insurance on the vehicle but for whatever reason decided not to do so.

The NYS DMV will be able to give you or your friend more information on the penalties for driving without registration, without an inspection sticker and driving without insurance plus the seat belt violation. Your friend can also see if his citations have the number to the court he will be required to appear to respond to these charges. If the court is listed on the ticket he can call them for information on his situation and the penalties that the court normally hands out.

Make sure that neither you nor anyone you know is driving around uninsured in New York. Get instant car insurance quotes here.

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