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

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.

Google+ Review

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.

I can't thank them enough!

Speeding ticket reduced to 0 points

Mr. Bruffett took care of my ticket -- reducing a 4 point ticket to 0 points (with reduced fines, as well). He and his staff were pleasant to work with and I highly recommend them.

Lori posted to Avvo
Google+ Review

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.