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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 am a truck driver and I was involved in an accident and was charged with a speeding ticket, which carries a penalty of 3 points. I called the AZRIA & BRUFFETT LAW FIRM, left him a message, and 15 minutes later, Mr. AZRIA responded. He provided me the knowledge and took my case. My ticket was reduced to 0 points and a small fee. l highly recommend this law firm, especially if you are a CDL driver. Thanks Mr. AZRIA and Ms. Shannon. You are the best.

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I highly recommend this law firm. They took care of a speeding ticket I received in Liverpool quickly and easily without needing much at all from me which is huge being a full time working mom. They saved me money in insurance increases, points on my license, and my peace of mind. They were quick to respond back with any questions I had and handled my case professionally as well as promptly! I will definitely use them again for any future issues.

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I would recommend Attorney David. They helped me have my speeding ticket withdrawn and even if the program they got me into had stopped after my application they got me a waiver. I also got my program fee refunded. Initially I was too worried as most other websites I visited while researching started following me up which I did not like. David's team was quite professional. My only suggestion is they should have a pre set next action steps format sent to their clients so that most questions get answered automatically

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