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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 was gifted with a 80 in a 55 . Being a CDL I could not afford the points that come with that kind of ticket. Long story short ticket was dismissed . Very happy with the result

Over Speeding Ticket

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I were given a speeding ticket in Otego New York, which the law office of attorney Azria was able to get dismiss. I am from Boston Mass and did not have to travel outside my state to hire attorney azria i was able to paid his fee with my credit card, and did not have to go to court or anything he was able to get everything resolve and they kept me informed at all time in the process can said enough about their services i am very pleased with the overall service, and i will definitely recommend them.

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