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

 
Google+ Review

Being from out of state, I was happy to find a law firm that was so easy to work with. They were able to get my ticket reduced and they did all the leg work for me. Everything was very straight forward and easy to understand. Hopefully I won't need them in the future but if I do, I know where to turn!

Extremely Satisfied

I have hired the Azria law firm twice to represent my daughter, once for speeding and the other was an accident. Both times I was extremely pleased with the outcome, in both cases they were dropped to no pointers. Everything was handled through e-mail, which was very convenient and in both cases were taken care of from start to finish within a month. I would recommend them to anyone. Thank you again for all of your help.

A Car Accident Client posted to Avvo
Google+ Review

Great Law firm for Traffic tickets. I would definitely recommend to everyone! Im from out of town, they made this process so easy. Cant thank them enough

What A Find!

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.

John posted to Avvo