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'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.

Google Review

Super helpful and quick, got me a great offer and saved me a bunch of money!!!

Google Review

Mr. Azria got my speeding ticket dismissed easily. He handled the job very well. I would recommend him to anyone who needs help with traffic tickets and more!!

Google Review

fter 6 years of obeying the speed limit (or rather, not getting caught), my luck ran out and I was stopped for a 74/55. I called David and he immediately remembered me from 6 years ago and was happy to help me out again! I was impressed yet again, both with his professionalism , communication, and expedience (also impressed that the rate was not much more). After many failed attempts at managing this ticket myself and contacting the Court, David was immediately able to get the attention of the relevant parties. Within weeks, my ticket was completely dismissed! I cannot recommend David and his office enough! Although I would rather not need to seek this kind of counsel, I am sure I will be calling him back next time I find myself seeing blue in my rear view. Thanks David!

After getting two tickets within a month, David reduced my retainer fee on the second ticket as a "returning client" discount. I knew I had made the right choice at that point. David was personally accessible to any and all concerns that I had regarding my tickets. His staff was also very pleasant and extremely diligent in making sure we had everything in place. David was successful in negotiating what could have been a total of 8+ points between two tickets down to only 2 points. I will refer David to all of my NY friends as my experience made the best out of an otherwise unfortunate situation.

Aleksander Szymaniak posted to Google+