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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 highly recommend Azria & Bruffett Law Firm for their professional service handling traffic tickets. I got my first speeding ticket in October 2021 after driving in US for 8 years. Since I never had an experience dealing with traffic ticket before, I have no clue how to proceed the next steps. After asking for opinions from friends, I decided to ask for professional help because speeding ticket highly depends on states and there is no universal answer. After reading other people's review about Azria & Bruffett Law Firm, I decided to use their service to handle my case. I followed their step by step protocol to provide information and the firm would work with clients swiftly and closely and negotiate best interest. Most importantly, they are highly responsive and will proactively give updates. In summary, I start having a piece of mind since the moment I signed the contract. They charge a reasonable price for my case and I am very happy that my ticket got dismissed after 2 months

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Thank you Seth Azria for getting my traffic ticket dismissed. It was an out of state ticket and I was worried about the consequences. Attorney Azria was very courteous and he allayed all my concerns. He promised me to try his best to reduce the number of points. However, he was able to get the ticket dismissed. Its a classic case of under promise and over deliver.

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I had a great experience with them, I drive for a living and got a bad speeding ticket . They took care of it for me. 6 points to 0 would recommend them to anyone