Card image

Complimentary Traffic Ticket Case Evaluations. Call Now. (315) 364-1155

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. Consult with Us.

Our experienced traffic defense lawyers are available to talk to you about your case.

Free Consultations. Call Now.
(315) 364-1155

 

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
 

Article Categories

Hire your traffic lawyer online. Start Now
Google Review

Seth and his team have always been my go to. Between his professional and prompt attitude and his ability to handle most cases via email or remotely without my presence. I couldn’t recommend anything better in terms of legal service.

Google Review

Mr. Azria has been incredibly helpful towards my case! especially enduring the circumstances of corona virus conditions and policies, he has helped me dismiss my case once and for all! Any questions i had were answered within hours and i was always kept up to date. a great thanks to him and his firm from my father and I!

Very Professional and Trustworthy!

I contacted Azria Law Office after receiving a speed ticket (+24 mph). Pleading guilty would automatically assign me 6 points + fines to the court, and fines to DMV for 3 years. In addition, my insurance premium would increase. Azria Law Office handled my case in a very professional manner. The charges for the law office is also reasonable. Afterwards my case was converted to no point and a fine below $150. I am much relieved now!

A client posted to Avvo
Google Review

Mr. Azria is very kind and very professional, I totally recommend it, helped me alot with a ticket I got as a tourist and had troubles because I don't have an USA local address. He is the best for the job, no doubt.

Traffic Ticket Lawyers: Statewide

Azria & Bruffett has helped thousands of clients minimize the effect of their traffic tickets. We have experience in courts all over New York State which helps us handle your case effectively and efficiently.

We offer free traffic ticket consultations. In your consultation, you will learn the best way to handle your ticket,  even if that means you don't need to hire us. We will cover the possible outcomes, costs, and timing of your case. 

Many counties have recently adopted self service web-based systems to handle traffic tickets. In those counties, you do not need a lawyer because handling a ticket is merely data entry on a website. 

Before calling, please review this information on where we take cases. Thank you.  

Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming and Yates counties.