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

 
Hire your traffic lawyer online. Start Now
Google+ Review

I had an outstanding experience with this firm! I was very nervous about a traffic ticket I received, and I was called by one of the partners in the firm within 24 hours, David Bruffett. He assuaged my fears and delineated what options they had for me at an affordable rate. I was able to secure a student discount and hired them on the spot! They represented me well and saved me from having to show up in court after I already moved away from the city! They kept me informed the whole way and allowed me to submit documents electronically which I found very convenient. They ended up getting my ticket reduced significantly in terms of points on my license as well as reducing the fine about 80 percent. I am very grateful to them and would recommend their services to anyone that has a ticket based on traffic infractions.

Google+ Review

I was gifted with a 80 in a 55 . Being a CDL I could not afford the points that come with that kind of ticket. Long story short ticket was dismissed . Very happy with the result

Very pleased

I hired Seth to take care of a speeding ticket. He got it reduced to a no point ticket. The whole process was very simple and done through email. He took the time to answer any questions I had and his office kept me informed during the process.

A Speeding Ticket Client posted to Avvo
Professional and reliable, highly recommended

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.

Monica, Seth's paralegal, kept me informed of all necessary details throughout the whole two month process and I received a response to every email that I sent to the firm.

I would highly recommend Seth's firm for anyone looking for reliable and professional attorney services.

anonymous posted to Avvo