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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 had received a speeding ticket a few months ago that would have been 5 points 20 MPH over the speed limit. I had not had a speeding ticket in a very long time and I was hesitant when looking for a lawyer but I saw good reviews about Seth Azria and decided to email him with my information. I received a response within a few hours and his charges were much lower than I was expecting to pay from what I had paid in the past. His staff was very friendly and I was kept well informed as to what was going on. He was able to get it reduced to no points and a very small fine. I was very happy with the results and would recommend him to anyone looking for help with speeding ticket.

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