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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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Top Rated Award Winning Law Firm in Syracuse


Top Rated Law Firm, Syracuse NY

 
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Excellent job on reducing points from speeding ticket. The case was dismissed with minimal court fine. I am very pleased with the result and would highly recommend A&B firm for traffic related court matters.

Schuyler speeding ticket

It's been quite a few months, maybe a year since Seth got my speeding ticket reduced to a non moving violation. After speaking with several attorneys I went with Seth because he was exactly as described in his reviews. He was reachable, returned my calls, answered all my questions (which there were many). After a few weeks he and his staff got back to me with a positive outcome. It cost some money in fees and fines but a few months later my insurance had dropped $800. Wow....I was happy I didn't get a speeding ticket or points taken away so that my insurance wouldn't go up. This was a super bonus! 
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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.

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Speeding Violation Reduced

I incurred a speeding ticket in Syracuse while taking my nephews to Lacrosse Camp. I am from out of town and unknowingly went through a speed trap. I contacted Azria Law Firm once I returned home. They were extremely professional, courteous and prompt with all information, explanations of the legal procedure and with answers to all of my questions. It has been just over 30 days and my violation and fine have been reduced. I am very pleased and recommend the firm highly. They are reasonably priced and successfully resolved my case. In my profession, I work with lawyers all the time. I wish they were all as communicative and diligent as Seth and his staff.

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