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
 

Article Categories

Hire your traffic lawyer online. Start Now
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!!

My experience with Seth Azria

I had multiple traffic tickets that included two misdemeanors, speeding, seat belt, expired inspection you name it I had it. Seth was very proficient, effective beyond my expectations, always returned my calls and kept me notified. I know almost nothing related to the law and he was was capable of explaining things in "normal English." I highly recommend him to anyone. On a 5 star scoring system, I rate him as a 10. Thank you Seth.

A Traffic Ticket Client posted to Avvo
Google Review
They were able to reduce 11 points down to nothing and I didn’t have to pay as much as I thought. I would definitely recommend them, as well as utilize their services again.
Google+ Review

I was very satisfied having them represent me on a speeding ticket. They kept me posted through out the process and made me at ease from the start as it would have been very difficult for me being out of state for this speeding ticket. Very Professional and I highly recommend them.