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

Azria & Bruffett provided excellent representation for my 89-year old father who was charged with two tickets in Cortland, NY. For a very affordable fee, they were able to obtain dismissal of the moving violation resulting in a very small fine and court costs. I live in another state so this was especially convenient for me to help my dad and they saved me a lot of time. We spoke with an attorney and a paralegal guided my dad and I through the remainder of the process. The firm responded to all of my questions promptly. Highly recommended.

excellent results

Atty Azria explained my real situation and my real choices to me with regard to a moving violation charge in central new york. He then worked to reduce the charges to a no-point non-moving violation. I am extremely happy with these results and would very strongly recommend his firm to everyone.

Google Review

Positive: Professionalism, Quality, Responsiveness, Value

Excellent working with Seth...Seth assisted us with navigating the court system in NY state. The speeding ticket had no information and the city's documentation was too complicated and obscure for us to comprehend. Our case was concluded very much to our satisfaction. I highly recommend Seth to anyone who receives a speeding ticket in NY.

Google Review

Best Lawyer in upstate. i got pulled over by state troopers on the way to Ithaca for speeding over 30+ speed limit. I contacted Seth Azria, and that was the best thing i did. They were able to put me in a program and bang, case dismissed with no point or fee penalties. Thank you so much. I will recommend it to anyone!!