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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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David Bruffett resolved serious Speeding Violation very smartely

I contacted Attorney David receiving a speeding ticket over 100mph in NY, being a NJ driver. David was very professional and very clear on how to handle the issue (had very high points ticket but thanks to David who turned a stressful incident into a quick, easy and painless situation). Within a few months the issue was resolved and we are entirely satisfied with the outcome. I must say that David's help, support and guidance was very professional as well! I highly recommend David, if you have any traffic speeding tickets in the NY state. I found his services remarkable. He delivered more then he promised and I guess that what makes any client happy!!!!!

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Awesome job

I received a ticket for speeding in Warrensburg, NY for going 20mph above the speed limit - a 4 point and >$200 offense. Mr. Bruffett took the case and had the ticket reduced to a 0 point $150 offense. Great result. I highly recommend his services.

Kamel posted to Avvo
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Nothing but the best I was involved in horrible tractor trailer accident I almost lost my life I was given 5 tickets in my hospital bed following too close, imprudent speed, passing violation and 2 brakes safety violations mr azria took my case and got 3 of the tickets dismissed and the other 2 reduced to a parking violation all with 0 points mr azria saved my driver licences and career he did all this for a low price please if your in need of a traffic lawyer call Azria and Bruffett they won't let you down

Speeding Ticket

Seth Azria and his team are great. He helped me reduce my 6 points speeding ticket to a no points, loud muffler violation. I highly recommend him.

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