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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).

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Yelp Review

As a a 60 year old physician I am semi-retired and my wife and I travel the country to do work in my specialty at places that are shorthanded. Since I only work about 1/3 of the year we have time to drive to these places. Recently I was stopped on a highway in NY. I haven't had a speeding ticket since I was in my twenties. The officer said I was doing 81 in a 65 MPH zone (my reading 76 while trying to pass a slow moving vehicle with a line of cars behind me trying to get by me as well). I read the reviews and chose Attorney Azria.

The office staff was pleasant and efficient, and put me right through to Attorney Azria. He explained the process with perfect clarity and went to work. Although he explained the process could take 4-6 weeks he resolved the issue in 10 days, reducing the violation to a non-moving violation with a small fee and no points. His price was more than fair.

I've been lucky enough as a physician to have never been sued but doctors by nature do not have an affinity for lawyers. However, if you find yourself in need of one, it is hard to imagine someone better at their job than Attorney Azria. Thank you sir. If I could give you 6 stars out of 5 I would.

Norman D. Miller, MD posted to Yelp

Norm M.
Exceeded every expectation!!!!

I hired Azria and Bruffet to help with a hefty speeding ticket I received in Cortlandville NY. I'll admit I was hesitant as it was my first time hiring someone to handle a ticket for me but I was at risk of losing my license and paying thousands in fines. I was shocked to find they greatly exceeded expectations, taking my 4+ point ticket down to a 0 point violation with miniscule fines. Also the process was simple and fast, I sent them my information and was required to do nothing else from the start to the closure of my case. I cannot thank them enough and would/do recommend them to anyone in need of help with a ticket!

Shelby posted to Avvo
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I contacted Azria & Bruffett to handle my traffic ticket after an accident in upstate New York. I found them via a random Google search and appreciated the clarity of the information presented on their website and in initial communications. Throughout the entire process they were extremely clear and helpful. My case got a little complicated for random reasons, and they went beyond their initial scope to pursue the case on my behalf. I really appreciate their work.

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Seth and his team have always been my go to. Between his professional and prompt attitude and his ability to handle most cases via email or remotely without my presence. I couldn’t recommend anything better in terms of legal service.