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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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Azria & Bruffett is an excellent law firm to deal with! Once you engage their services, they are excellent to take care of any traffic ticket. The settlements of the tickets are very favorable to the client. They are also VERY timely. out of the 4 tickets my son had over a period of a year, 2 of them were settled within 2 days of submitting them to Mr. Azria.

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I was very satisfied having them represent me on a speeding ticket. The process was seamless and very convenient. I highly recommend them and will not consider anyone else to represent me if I should ever land in any sticky situations again. They fight tirelessly for you and make it easy for you. I'm from out of state so I didn't have to travel or lift a finger to get it taken care of. They are great.

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Over Speeding Ticket

I would recommend Attorney David. They helped me have my speeding ticket withdrawn and even if the program they got me into had stopped after my application they got me a waiver. I also got my program fee refunded. Initially I was too worried as most other websites I visited while researching started following me up which I did not like. David's team was quite professional. My only suggestion is they should have a pre set next action steps format sent to their clients so that most questions get answered automatically

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Positive: Professionalism, Quality, Responsiveness

I was stopped by a NY state trooper for speeding on my way back to Canada right before the border crossing on I-81 in Mar. 2020. (Please be mindful about the signs of reducing speed. I didn't slow down quick enough). It was the first time I was stopped by a cop and I had no idea what I should do about this ticket. I searched on Google and decided to contact Mr. Azria. He was very nice to talk to and clarified all the questions I had regarding the ticket. In the end I did the online traffic safety training by Jefferson County. Mr. Azria helped me organize my correspondence with the DA and the court all the way through. I was quite fortunate to find him to fight the ticket for me. He and his assistant was very professional and knowledgeable. My charge was reduced to "failed to signal" and 2 points deduction. I appreciate the advice and help from Mr. Azria.