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.

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

 
Seth is a good lawyer

Seth and his team helped me out with a speeding ticket I got in Cortland. He was professional and courteous. I spoke with him with-in a hour of leaving a message with his office. All future correspondence was via email, but he was available by phone. I worked with one of his staff members as well. My 31 mph over limit (6 pts) was reduced to non-speeding 2 pts fine. I highly recommend Seth and the Azria Law Firm.

Mary posted to Avvo
Google+ Review

The friendly and courteous team at Azria & Bruffett made dealing with my ticket a breeze. I was quickly able to resolve the issue with a defensive driving course (the refresher helped) and I was able to put it behind me to become more mindful on the road.
Thanks again for all of your assistance.

Happy Client

I received a "move over" violation in August. After reading many on-line reviews, I contacted D. Bruffett. The paralegal, Shannon, was very helpful and friendly. I had a comprehensive call with D. Bruffett on the same day and he told me what the best outcome could be. Within 2 days, Shannon had gone over all the material I had sent and within a month an agreement was reached with the court as per David's original proposal. Am very happy with the service and efficiency...

Joseph posted to Avvo
Google+ Review

Fantastic firm! I was traveling 3 hours away when I got a ticket and Azria & Bruffett took care of everything! I only had to answer a few emails! They were in constant contact with me throughout the entire process and got my ticket reduced to no points. I give them the highest recommendation!