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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 am a truck driver and I was involved in an accident and was charged with a speeding ticket, which carries a penalty of 3 points. I called the AZRIA & BRUFFETT LAW FIRM, left him a message, and 15 minutes later, Mr. AZRIA responded. He provided me the knowledge and took my case. My ticket was reduced to 0 points and a small fee. l highly recommend this law firm, especially if you are a CDL driver. Thanks Mr. AZRIA and Ms. Shannon. You are the best.

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If you need legal representation for a traffic infraction, You want Seth Azria in your corner. He is highly competent, professional and will keep you informed of the progression of your case. My expectations were more than met, they were exceeded.

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After receiving a ticket upstate NY, I contacted Seth's firm based on the great reviews on this board and was really happy that I made this choice.

Seth explained the possible outcome in my case when I first called him and managed to achieve exactly what he told me, which shows that he is experienced and knowledgeable in his area of practice. He successfully negotiated with a DA a reduction of charges from a 6 point speeding to a non-speeding violation without me having to appear in court in person.

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I'm very thankful to Azria & Bruffett Law Firm for resolving my son's case. The misdemeanor case was dismissed and we're very happy with it. This firm's team won't disappoint you.