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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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My daughter who is a graduate student, was involved in a vehicle accident which left her very shaken. To top it off, she was also issued a ticket. Mr. Azria handled my daughter’s case in a very professional manner and kept both of us informed every step of the way. My daughter’s ticket was reduced to no points, without her ever having to physically go to court. Mr. Azria’s compassion and expertise made all the difference during a very stressful time for my daughter. Thank you, Mr. Azria!

Ann Park
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I called Mr. Azria due to a speeding ticket in another county. He gave me a price quote upfront and within a few days had gotten my 4 point offense reduced to a non-moving violation. All in all I only had to email him the ticket information and pay him a very reasonable fee(which I was able to do online). He did the rest, very convenient. He was very quick to respond to me and readily available if needed. Mr Azria also contacted me with updates via both email and regular mail. I am very satisfied with his services and will use him if needed in the future.

Leesa posted to Avvo
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I received a four point ticket and googled attorney's to choose who could handle my case, being that I was not local to the county in which I received the Summons. I found Seth Azria's Law firm and read the testimonials. I liked what I read and reached out to him. After retaining his services, I found the testimonials to be spot on. My ticket was reduced to a non point, non moving violation. Later on my son received the same type ticket with the same outcome. Very pleased with the services that he provided.

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A Speeding Ticket Client posted to Avvo