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
Speeding

Was speeding on the Taghkanic on my way back home to the city. David secured me a judgment with 0 points and a $150 judgment. And I didn't need to leave the city. He also has a responsive and courteous staff. Highly recommend.

Sagar posted to Avvo
Google+

David Bruffett got our traffic ticket dismissed, he was upfront and honest about the process, and he was prompt in returning my call - what more can you ask for? :)

Took care of business

I needed an expert to help me navigate a speeding ticket in the courts. I was from out of town and Seth was great at explaining the options. I left it in his hands and he was able to negotiate and took care of whatever was necessary. He made it extremely easy and I was happy with the results. Highly recommended.

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