Card image

Complimentary Traffic Ticket Case Evaluations. Call Now. (315) 364-1155

Traffic Ticket Articles

Seat Belts Tickets: Officer Observation and Testimony is Enough

by Seth Azria on 1/02/2024

To be pulled over, it is enough for a police officer to observe the driver or passenger not wearing a seat belt. People v. Smith, 158 A.D.3d 1081 (4th Dep't 2018).

To be convicted of the seat belt charge, it is enough for the officer to testify that he saw the driver or passenger fail to wear a seat belt. Of, course the driver will testify that he was wearing a seat belt. This creates and issue of credibility for the judge to decide. In Whitten the judge decided in officer’s favor and convicted the driver. Whitten v. Martinez, 24 A.D.3d 285 (1st Dep't 2005).

However, a person wearing belt, under the arm rather than over the shoulder is "restrained" and therefore permissible within the meaning of the law. People v. Locke, 1 Misc. 3d 482, 765 N.Y.S.2d 468 (City Ct. 2003).

Need help with your ticket?

One speeding conviction may cause premiums to increase over $2,000 in three years. The Zebra. 

Don't plead guilty. Consult with Us.

Our experienced traffic defense lawyers are available to talk to you about your case.

Free Consultations. Call Now.
(315) 364-1155

 

Can't talk now?

Schedule a time for a lawyer to call you when it's convenient.

 Schedule a Call for Later

Azria & Bruffett PLLC BBB Business Review

Top Rated Award Winning Law Firm in Syracuse


Top Rated Award Winning Law Firm in Syracuse


Top Rated Law Firm, Syracuse NY
 

Article Categories

Hire your traffic lawyer online. Start Now
Google Review
Left a voicemail on Mr Azria's phone, he called me back within the hour. He gave me a clear assessment of the situation in regards to my speeding ticket and wouldnt you know, the ticket was in the end dismissed. Finally an attorney you can trust that gets the job done as promised!
Google+ Review

Hi It's OLI, a taxi driver from New York City. Recently I had my first ever speeding ticket and I'm glad I have found Azria & Bruffett Law Firm. Thank you so very much for your help. How you solved my problem was awesome. I definitely recommend because you're truly professional. THANKS AGAIN.

Perfect

Seth was referred by an excellent lawyer from Cleveland, OH and I found his services remarkable. He delivered more then he promised. I guess that what makes any client happy. Thank you Seth, I wish we had more professionals like you in this country.

Yervand posted to Avvo
Google Review

Excellent experience with this law firm from Syracuse. Mr. Seth Azria Esq. handled my speeding ticket in Watertown, NY with no problem for a reasonable $ 250 fee and saved me a plethora of points and high insurance rates. It was difficult to be a tourist with an out of state license plate on a rental car and not being familiar with local speed traps of 30 mph.... I would use the Azria & Bruffett Law Firm again in a minute if I ever get another ticket in NY. It is especially handy that they will take credit cards over the phone or online. Some firms I checked with required cash and I had already left the state.

Traffic Ticket Lawyers: Statewide

Azria & Bruffett has helped thousands of clients minimize the effect of their traffic tickets. We have experience in courts all over New York State which helps us handle your case effectively and efficiently.

We offer free traffic ticket consultations. In your consultation, you will learn the best way to handle your ticket,  even if that means you don't need to hire us. We will cover the possible outcomes, costs, and timing of your case. 

Many counties have recently adopted self service web-based systems to handle traffic tickets. In those counties, you do not need a lawyer because handling a ticket is merely data entry on a website. 

Before calling, please review this information on where we take cases. Thank you.  

Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming and Yates counties.