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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 hired David Bruffett based upon his internet advertisement's claim to relieve my stress over my ticket. He talked me through the options that were available to us as well as giving me an education into the idiosyncrasies of New York traffic law. By the end of the case he had achieved the best outcome possible. While I personally hope to never need his services again I will call him immediately should the need arise and would recommend him to my friends and family if they need the services of a lawyer.

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Azria Law Firm handled a traffic infraction on my behalf and I could not be more pleased. They were able to work with the District Attorney's office in a timely manner and they were able to negotiate a reduction to a non-moving violation. They kept me informed every step of the way providing complete confidence that the matter was being handle appropriately. They get straight get straight As for Responsiveness, Expertise, Communication, Price/Value, and Results. I do not normally provide recommendations; however, this is an exceptional law firm. I highly recommend them!

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I’ve had the awesome experience with this law firm. It was my very first ticket and the way they helped me was impressive. I’d highly recommend these guys, I can assure that you’ll be happy with the results.

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As mentioned in many of the other reviews. Seth and Monica spelled out what should happen and it did. Ticket for my daughter from our of state was reduced to nonmoving violation. She was visiting colleges in NY, as she only has her permit a moving violation would have resulted in, a loss of her license for 3 months, driving school, and fines etc... 
I had no referral, just read the reviews and crossed my fingers. The price was affordable, they were very responsive, I could not be happier. Wished I had used him a couple of years ago when I got a ticket in NYC that I made the very expensive mistake of trying to defend myself...