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
Exceeded every expectation!!!!

I hired Azria and Bruffet to help with a hefty speeding ticket I received in Cortlandville NY. I'll admit I was hesitant as it was my first time hiring someone to handle a ticket for me but I was at risk of losing my license and paying thousands in fines. I was shocked to find they greatly exceeded expectations, taking my 4+ point ticket down to a 0 point violation with miniscule fines. Also the process was simple and fast, I sent them my information and was required to do nothing else from the start to the closure of my case. I cannot thank them enough and would/do recommend them to anyone in need of help with a ticket!

Shelby posted to Avvo
Perfect

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...

Best Lawyer in Syracuse!

I found Mr. Bruffett after calling several lawyers in Syracuse. I had 6 outstanding tickets that I completely blew off and forgot about until I was arrested in NYC over a suspended license. Mr. Bruffett was able to get ALL of my tickets reduced with NO POINTS and he also got 2 tickets dismissed. When I first met him, it was the most pleasant experience one could ask for. He's one of the few lawyers who actually cares about YOU and not your money. He quoted me an extremely reasonable amount for all 6 tickets. I never had to step foot into a court room and he has a great relationship with the DA and he was able to work something out that was in my best interest. I feel a huge relief knowing all of my tickets are over with, and I could not thank Mr. Bruffett enough. He also gave me his personal phone number and I was able to text and call him whenever I needed him. Before I even retained him, I had a question and texted him and he called me and walked me through the entire process. I highly recommend Mr. David Bruffett and his firm Azria & Bruffett. Thank you for everything David, and although I hope I never have to retain you again, if anything should ever happen, you'll be the first person I go to. 
Sincerely, Casey N.

Casey posted to Avvo
Google+ Review

I highly recommend Azria & Bruffett Law Firm! David Bruffett handled my speeding violation in Niagara Falls professionally and exceeded my expectations! Wonderful Law Firm!

Jacqui Neulinger posted to Google+