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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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Top Rated Law Firm, Syracuse NY

 
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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.
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Great Law firm for Traffic tickets. I would definitely recommend to everyone! Im from out of town, they made this process so easy. Cant thank them enough

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Mr. Azria was excellent, fast and very courteous handling my case for a speeding violation upstate. And most importantly he was very successful lowering my fine and reducing my charge. Highly recommend.