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

Traffic Tickets
(315) 396-8006 -free consultations
[email protected] -questions & submissions
Traffic Articles Home

Article Categories

Google Review

Positive: Professionalism, Responsiveness

I received a ticket in February. Came across Azria and Bruffett website, and I filled out their online form. After submitting the form I was immediately taken care of. Throughout the entire process I emailed for updates and they got back to me quickly. My ticket was finally dismissed. They were fantastic. Highly recommend and if ever need in the future, I will use them again!!

Paul Kavanagh posted to Google+

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!
Thanks Seth!

KC-Toronto 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!

Jon posted to Avvo