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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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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

Excellent experience with this law firm from Syracuse. Mr. Seth Azria Esq. handled my speeding ticket in Watertown, NY with no problem for a reasonable $ 250 fee and saved me a plethora of points and high insurance rates. It was difficult to be a tourist with an out of state license plate on a rental car and not being familiar with local speed traps of 30 mph.... I would use the Azria & Bruffett Law Firm again in a minute if I ever get another ticket in NY. It is especially handy that they will take credit cards over the phone or online. Some firms I checked with required cash and I had already left the state.

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Seth is amazing, Azria & Bruffett took a bad situations and made it go away. I highly recommend this Law firm to anyone with a ticket.

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I found Mr. Bruffett after calling several lawyers in Syracuse. I had 6 outstanding tickets that I completely blew off and forgot about until I was arrested in NYC over a suspended license. Mr. Bruffett was able to get ALL of my tickets reduced with NO POINTS and he also got 2 tickets dismissed. When I first met him, it was the most pleasant experience one could ask for. He's one of the few lawyers who actually cares about YOU and not your money. He quoted me an extremely reasonable amount for all 6 tickets. I never had to step foot into a court room and he has a great relationship with the DA and he was able to work something out that was in my best interest. I feel a huge relief knowing all of my tickets are over with, and I could not thank Mr. Bruffett enough. He also gave me his personal phone number and I was able to text and call him whenever I needed him. Before I even retained him, I had a question and texted him and he called me and walked me through the entire process. I highly recommend Mr. David Bruffett and his firm Azria & Bruffett. Thank you for everything David, and although I hope I never have to retain you again, if anything should ever happen, you'll be the first person I go to. 
Sincerely, Casey N.

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Azria & Bruffett did a very professional and effective job of dealing with my (out of state) speeding ticket in upstate NY. I was going 75 in a 65 which means multiple points along with a hefty fine. Ralph Habib was able to reduce the magnitude of my ticket down to a no points, non-moving violation. The paralegal Monica coordinated all of the communications and made it a very easy process for me. Fees were reasonable and competitive with other firms I shopped around at. I would recommend them to anyone else facing ticket issues as well.