1250 Broadway, 27th Floor New York, NY 10001

BUCKLE UP!

Because she wasn't wearing a shoulder harness while operating a motor vehicle, Franshawn Carney was convicted of violating a New York statute--Vehicle and Traffic Law § 1129-c (3-a).

On appeal, Franshawn claimed that the trial judge wrongfully refused to give her a postponement of the hearing, so that she could prove that she was suffering from a medical condition which prevented her from wearing the seatbelt. But the Appellate Term, Second Department, still affirmed the conviction, because it didn't think the refusal to grant the lady more time was an "improvident exercise of [the court's] discretion." (It also refused to consider any additional evidence which Franshawn tried to introduce for the first time on appeal.)

That sure showed a lot of restraint.

To view a copy of the Appellate Term's decision, please use this link: People v. Carney (Franshawn)

Categories: