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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).

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I was stopped by a NY state trooper for speeding on my way back to Canada right before the border crossing on I-81 in Mar. 2020. (Please be mindful about the signs of reducing speed. I didn't slow down quick enough). It was the first time I was stopped by a cop and I had no idea what I should do about this ticket. I searched on Google and decided to contact Mr. Azria. He was very nice to talk to and clarified all the questions I had regarding the ticket. In the end I did the online traffic safety training by Jefferson County. Mr. Azria helped me organize my correspondence with the DA and the court all the way through. I was quite fortunate to find him to fight the ticket for me. He and his assistant was very professional and knowledgeable. My charge was reduced to "failed to signal" and 2 points deduction. I appreciate the advice and help from Mr. Azria.

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