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 received a speeding violation back in December 2020 and is now dismissed. Seth Azria and firm has done an excellent job in getting the ticket dismissed successfully. The entire staff has been very professional, quick and responsive. I really appreciate their service and give them a 5 star. I would be happy to refer them to my friends.

Thanks

Google Review

Super helpful and quick, got me a great offer and saved me a bunch of money!!!

Google+ Review

I have retained Mr. Azria on several occasions for traffic violations and each one turned out in my favor 100%. This is the lawyer to hire when involved in any traffic incidents. I have recommended him to many friends and all have had great results. You people have to try this law firm out, you won't be disappointed. Mr. Azria is the true "heavy hitter" here in Syracuse. Thank you so much Mr. Azria, you saved my commercial license from any points, and your fee was more than reasonable.

Google Review

I’d like to thank you very much. I was very worried about my traffic ticket because I am a cdl truck driver. Any ticket is really dangerous for me because I shouldn't have any points. But Mr. Azria solved all these issues. I am very happy to get this perfect result. 0 points! My best wishes to you. Thanks again.

Alexey Kovalenko posted to Google+