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NY Traffic Ticket Defense Articles

Legal insights, guides, and tips for handling traffic tickets in New York.

NY Traffic Laws 3 min read

Seat Belt Tickets: Officer Observation and Testimony is Enough

By Seth M. Azria, Esq.

Probable Cause for a Seat Belt Traffic Stop

To lawfully initiate a traffic stop, it is legally sufficient for a police officer to observe a driver or passenger failing to wear a seat belt.

Legal Precedent — Traffic Stop Validity: People v. Smith, 158 A.D.3d 1081 (4th Dep't 2018)

Burden of Proof & Credibility in Court

To secure a conviction on a seat belt charge, the prosecution only needs the officer's sworn testimony that they observed the driver or passenger unbelted. When a driver testifies that they were wearing a seat belt, it creates a direct issue of credibility for the judge to decide.

Legal Precedent — Credibility Determination:

In Whitten, the judge resolved the conflicting testimony in favor of the police officer and convicted the driver.

Whitten v. Martinez, 24 A.D.3d 285 (1st Dep't 2005)

What Counts as Being "Restrained"?

New York courts have ruled on what legally constitutes being "restrained" under Vehicle and Traffic Law. A person wearing a seat belt under their arm rather than over the shoulder is considered properly restrained and therefore permissible within the meaning of the law.

Legal Precedent — Definition of Restrained: People v. Locke, 1 Misc. 3d 482, 765 N.Y.S.2d 468 (City Ct. 2003)
Issued a Seat Belt Citation in New York?

Even minor traffic infractions can lead to fines, mandatory state surcharges, and points on driver records. Contact Azria Law Office today for a free, no-obligation case evaluation.

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As a a 60 year old physician I am semi-retired and my wife and I travel the country to do work in my specialty at places that are shorthanded. Since I only work about 1/3 of the year we have time to drive to these places. Recently I was stopped on a highway in NY. I haven't had a speeding ticket since I was in my twenties. The officer said I was doing 81 in a 65 MPH zone (my reading 76 while trying to pass a slow moving vehicle with a line of cars behind me trying to get by me as well). I read the reviews and chose Attorney Azria.

The office staff was pleasant and efficient, and put me right through to Attorney Azria. He explained the process with perfect clarity and went to work. Although he explained the process could take 4-6 weeks he resolved the issue in 10 days, reducing the violation to a non-moving violation with a small fee and no points. His price was more than fair.

I've been lucky enough as a physician to have never been sued but doctors by nature do not have an affinity for lawyers. However, if you find yourself in need of one, it is hard to imagine someone better at their job than Attorney Azria. Thank you sir. If I could give you 6 stars out of 5 I would.

Norman D. Miller, MD posted to Yelp

Norm M.
Awesome job

I received a ticket for speeding in Warrensburg, NY for going 20mph above the speed limit - a 4 point and >$200 offense. Mr. Bruffett took the case and had the ticket reduced to a 0 point $150 offense. Great result. I highly recommend his services.

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I was entirely satisfied with the representation I received from Azria and Bruffett. In May 2018, I received two tickets for failing to stop adequately at a stop sign (the officer said it was a "rolling stop") and failure to signal more than 100 ft. before a turn. I had never had a moving violation in 20+ years of driving, and I was now suddenly facing 5 points and the possibility of a hefty fine! Azria and Bruffett were able to get the charges reduced to a non-moving violation with no points and a minimal fine. Based on my experience, I would recommend them to someone who is concerned about avoiding points and black marks on their driving record.

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