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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 an outstanding experience with this firm! I was very nervous about a traffic ticket I received, and I was called by one of the partners in the firm within 24 hours, David Bruffett. He assuaged my fears and delineated what options they had for me at an affordable rate. I was able to secure a student discount and hired them on the spot! They represented me well and saved me from having to show up in court after I already moved away from the city! They kept me informed the whole way and allowed me to submit documents electronically which I found very convenient. They ended up getting my ticket reduced significantly in terms of points on my license as well as reducing the fine about 80 percent. I am very grateful to them and would recommend their services to anyone that has a ticket based on traffic infractions.

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TWICE I reached out to Seth when I got speeding tickets in upstate NY about a year apart. The first ticket was reduced significantly so it gave me great confidence to call Seth from the highway when I got the second ticket! 

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