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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 was issued a speeding ticket in an area that I was unfamiliar with. We researched the law firms to help with reducing the charge of my ticket, since I had never received a speeding ticket before. The professionals at Azria and Bruffett were efficient, organized, and provided me with a comprehensive plan as to how they would handle my case. I was thrilled with the outcome - they were able to plea my case to a much more reasonable fine.

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I incurred a speeding ticket in Syracuse while taking my nephews to Lacrosse Camp. I am from out of town and unknowingly went through a speed trap. I contacted Azria Law Firm once I returned home. They were extremely professional, courteous and prompt with all information, explanations of the legal procedure and with answers to all of my questions. It has been just over 30 days and my violation and fine have been reduced. I am very pleased and recommend the firm highly. They are reasonably priced and successfully resolved my case. In my profession, I work with lawyers all the time. I wish they were all as communicative and diligent as Seth and his staff.

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Had 2 tickets that he helped get rid of the points added onto my license. Very helpful and friendly about answering questions on the process. He went in place for me in court and defended. All I had to do was email him information over email (and pay of course).

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David Bruffett resolved Speeding Violation very smartely. I contacted Attorney David receiving a speeding ticket over 100mph in NY, being a NJ driver. David was very professional and very clear on how to handle the issue (had very high points ticket but thanks to David who turned a stressful incident into a quick, easy and painless situation). Within a few months the issue was resolved and we are entirely satisfied with the outcome. I must say that David's help, support and guidance was very professional as well! I highly recommend David, if you have any traffic speeding tickets in the NY state. I found his services remarkable. He delivered more then he promised. I guess that what makes any client happy.