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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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TWICE I reached out to Seth when I got speeding tickets in upstate NY about a year apart. The first ticket was reduced significantly so it gave me great confidence to call Seth from the highway when I got the second ticket! 

With each ticket Seth explained what my options and risks were. He delivered exactly what he promised in each event. He really knows the DA's in each county that he had to deal with and was able to get the second ticket which was a monster 6 pointer to ZERO points!  The fact that I did not have to waste time and wages to appear in court was priceless.

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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.

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