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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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I am very pleased with the outcome of my case. I contacted Ralph Habib from the Azria & Bruffett group to represent me in my defense in connection with a speeding ticket. I had the opportunity to speak with Mr. Habib and found him to be professional and diligent in this area of law. I felt his background and experience would undoubtedly be the right choice. Shannon Liparulo the Paralegal was great at keeping me informed as to the status and sharing the outcome of the case with me. She always answered and returned my calls and emails. I honestly recommend Mr. Ralph Habib and the team from Azria & Bruffett! Thank you Mr. Habib and Shannon. From Mel. S.

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Making this short and simple: I had over 15 traffic infractions/violations for driving without a license, speeding and among other serious infractions. Needless to say , Ralph took care of this all for me and I ended up just paying fines for the traffic tickets - Also , I'm a licensed driver now! 

Thanks a lot Ralph for your service , I would recommend anyone who gets in trouble with the law to first contact Ralph Habib.

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I received a four point ticket and googled attorney's to choose who could handle my case, being that I was not local to the county in which I received the Summons. I found Seth Azria's Law firm and read the testimonials. I liked what I read and reached out to him. After retaining his services, I found the testimonials to be spot on. My ticket was reduced to a non point, non moving violation. Later on my son received the same type ticket with the same outcome. Very pleased with the services that he provided.

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Very professional, treated my small case with high importance, timely responses to all inquiries. Seth got my ticket reduced to a zero point non-moving violation and kept my insurance from going up. VERY satisfied client that highly recommends Seth Azria for any legal matters you may have!

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