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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 have hired the Azria law firm twice to represent my daughter, once for speeding and the other was an accident. Both times I was extremely pleased with the outcome, in both cases they were dropped to no pointers. Everything was handled through e-mail, which was very convenient and in both cases were taken care of from start to finish within a month. I would recomend them to anyone. Thank you again for all of your help.

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I was entirely satisfied with the representation I received from Azria and Bruffett. In May 2018, I received two tickets for failing to stop adequately at a stop sign (the officer said it was a "rolling stop") and failure to signal more than 100 ft. before a turn. I had never had a moving violation in 20+ years of driving, and I was now suddenly facing 5 points and the possibility of a hefty fine! Azria and Bruffett were able to get the charges reduced to a non-moving violation with no points and a minimal fine. Based on my experience, I would recommend them to someone who is concerned about avoiding points and black marks on their driving record.

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A fantastic experience and wonderful representation. Got my ticket reduced to 70 in 65 with a very difficult judge. Original speeding ticket was significantly higher and I owe the reduction entirely to the A&B legal team - highly recommended!