Card image

Complimentary Traffic Ticket Case Evaluations. Call Now. (315) 396-8006

Traffic Ticket Articles

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).

Need help with your ticket?

One speeding conviction may cause premiums to increase over $2,000 in three years. The Zebra. 

Don't plead guilty.

Our experienced traffic defense lawyer is available to talk to you about your case.

Free Consultations. Call Now.
(315) 396-8006

 

Can't talk now?

Schedule a time for a lawyer to call you when it's convenient.

 Schedule a Call for Later

Azria & Bruffett PLLC BBB Business Review

Top Rated Award Winning Law Firm in Syracuse


Top Rated Award Winning Law Firm in Syracuse


Top Rated Law Firm, Syracuse NY
 

Article Categories

Google Review

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

2 Tickets - greatly reduced points

Seth did a fantastic job in reducing both of my tickets. His office was very responsive and professional. I highly recommend him if ever you require a lawyer.

Chris Swingle posted to Avvo
Perfect

Seth was referred by an excellent lawyer from Cleveland, OH and I found his services remarkable. He delivered more then he promised. I guess that what makes any client happy. Thank you Seth, I wish we had more professionals like you in this country.

Yervand posted to Avvo
Perfect

As mentioned in many of the other reviews. Seth and Monica spelled out what should happen and it did. Ticket for my daughter from our of state was reduced to nonmoving violation. She was visiting colleges in NY, as she only has her permit a moving violation would have resulted in, a loss of her license for 3 months, driving school, and fines etc... 
I had no referral, just read the reviews and crossed my fingers. The price was affordable, they were very responsive, I could not be happier. Wished I had used him a couple of years ago when I got a ticket in NYC that I made the very expensive mistake of trying to defend myself...