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

 
Great Attorney!

My Husband and I received 3 moving violations between the 2 of us, within a month. All were reduced to 0 point non moving violations. My husband has a horrible driving record and would have lost his license without the help of Mr. Azria. He is the only attorney i trust with my traffic tickets. Over the past year and a half he has successfully handled 4 tickets for my family. Excellent!

Kristen posted to Avvo
Google+ Review

I selected Azria & Bruffet to represent me for a speeding ticket based on all 5 star reviews. I am really happy with my decision. They are professional people who work for maximum favor of their clients. Interacting with them was very convenient. I ended up with a reduced fine due to their efforts. Keep it up Azria & Bruffett.

Best attorney in Upstate NY

Making this short and simple: I had over 15 traffic infractions/violations for driving without a license, speeding and among other serious infractions. Needless to say , Ralph took care of this all for me and I ended up just paying fines for the traffic tickets - Also , I'm a licensed driver now! 

Thanks a lot Ralph for your service , I would recommend anyone who gets in trouble with the law to first contact Ralph Habib.

Robert posted to Avvo
Seth stands by his work and gets results

From the first phone conversation with Seth in regard to my ticket for allegedly operating an electronic device I knew I had the right attorney. He assured me I had the best in the area and he was proven right when my ticket was dismissed by the judge. The process to collect as much positive information from a client like myself to go to bat for me has proven that he is an experienced professional and willing to go the distance for his clients. I couldn't be happier.

Andrew posted to Avvo