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

 
Google Review

I am very pleased with Azria & Bruffet's services. Thanks to them I will not have to suffer from skyrocketing insurance rates due to a speeding ticket being put on my record. They kept me updated thoroughly every step of the way and made the entire process of getting my ticket reduced to a lesser charge very easy. They were also quick to respond to any questions I had throughout the process with a great deal of professionalism. I would not hesitate to deal with them in the future. Thank you Azria & Bruffet!!

Very pleased

I hired Seth to take care of a speeding ticket. He got it reduced to a no point ticket. The whole process was very simple and done through email. He took the time to answer any questions I had and his office kept me informed during the process.

A Speeding Ticket Client posted to Avvo
Justice for Traffic Violations

I was wrongly issued a ticket by a police officer who made a snap decision that was incorrect. I contacted Seth for help. He wanted to know the nature of the violation and my side of the story. He then told me to sit back as he would take on the matter for me. He updated me regularly as he communicated with the court, and eventually resolved the matter for me. His fee was reasonable and the results were excellent. I highly recommend him.

Traffic Client posted to Avvo
Do not hesitate to hire him!

Me and a friend got in legal trouble in a town about 4 hours away from where we live. The charge was very threatening, and we expected to be dealing with it for months with little hope that it would go in our favor. We ended up having all of the charges dropped in the first appearance within about 40 minutes. Words cannot describe how much weight has been lifted off of our shoulders at a very modest price. Forever grateful for spending the time to research and find this excellent lawyer!