Card image

Complimentary Traffic Ticket Case Evaluations. Call Now. (315) 396-8006

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. .

Our experienced traffic defense lawyer is available to talk to you about your case.

Accepting Cases in Onondaga County Only.

Free Consultations. Call Now.
(315) 396-8006




 

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

 
Hire your traffic lawyer online. Start Now
Google+ Review

I was very satisfied having them represent me on a speeding ticket. They kept me posted through out the process and made me at ease from the start as it would have been very difficult for me being out of state for this speeding ticket. Very Professional and I highly recommend them.

Excellent Attorney and Staff

Seth Azria and his team are the absolute BEST in the game. During the initial consultation Mr. Azria was very thorough in explaining the whole process and possible outcomes. The fees were VERY reasonable. The level of responsiveness was superb. Kudos to Monica as well!!!! - I appreciate all of your assistance. It’s never fun to get a ticket out of state. But thanks to this team, they turned a stressful incident into a quick, easy and painless situation. I would HIGHLY recommend this firm to anyone who is looking for an attorney in the area

Danielle posted to Avvo
Google Review

Mr. Azria is very kind and very professional, I totally recommend it, helped me alot with a ticket I got as a tourist and had troubles because I don't have an USA local address. He is the best for the job, no doubt.

Thank you Esq. Bruffett!

Attorney David Bruffett and his very professional team helped me handled my speeding ticket (55mph in a 40mph zone) in Town of Manlius. He negotiated a reduction of my 4 point ticket to a 0 point, and a $77+63 fine/fee. I am very thankful for Attorney Bruffett and his team's very professional, courteous, in time correspondences and services. Will recommend him and the firm to anyone who may need their services.

A Traffic Client posted to Avvo