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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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Seth Azria was recommended to me by a friend. I can't say enough about how well I was treated, his responsiveness, and how my case was handled. My first call to him was on 12/22/14 and we met the same day. My first and last date in court was 1/15/15. The outcome was better than I ever expected it could be and would recommend him to anyone.

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Azria & Bruffett did a very professional and effective job of dealing with my (out of state) speeding ticket in upstate NY. I was going 75 in a 65 which means multiple points along with a hefty fine. Ralph Habib was able to reduce the magnitude of my ticket down to a no points, non-moving violation. The paralegal Monica coordinated all of the communications and made it a very easy process for me. Fees were reasonable and competitive with other firms I shopped around at. I would recommend them to anyone else facing ticket issues as well.

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Ralph is amazing lawyer!! Thanks to him my misdemeanor of a controlled substance In 7th degree got lowered to just disorderly conduct.

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I received a speeding ticket doing 80 in a 65 mph zone. I contacted his office, the process was very quick. All contact was by email and very professional. They told you exactly what was going to happen. He got my ticket down to parking on pavement. No points!!! Minimal fine. His fee was very fair, compared to others. I would definitely recommend this firm...

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