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.

Accepting Cases in Onondaga County Only.

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

Hire your traffic lawyer online. Start Now
Google Review
Mr. Azria was able to get my 8 points ticket down to 0 for "Parking/No standing Ticket" Mr. Azria is highly professional and handles everything for you. Before hiring his services, I spoke with Mr. Azria on the phone. He was extremely knowledgeable and explained all the factors I never thought about, which play a role in fighting to lower the ticket. I'm ecstatic about the phenomenal job Mr. Azria and his office did for me. I will 1000% recommend him. Thank you!!
Google+ Review

I received a speeding ticket going around a truck that ice was flying off the back. I contacted A&B ( Ralph, Seth, Shannon) and they were able to get the fine reduced to no points. I would definitely recommend.

Google Review
Seth outlined what was going to happen, how long it was going to take, and it all worked just as he predicted. Couldn't be happier.
Google Review

I recently had Mr. Azria represent me, and I'm beyond impressed. Their legal expertise, clear communication, and compassionate approach set them apart. From start to finish, Mr. Azria demonstrated a deep understanding of my case, kept me informed, and achieved an outcome that exceeded my expectations. Highly recommend for anyone in need of a top-tier lawyer. Thank you, Mr. Azria, for your outstanding service!