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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 was coming back home (Canada) when I got pulled over for doing 81 in 65 zone. I had no clue as in what to do. If I would've just simply paid the fine I would've lost 3 points in Canada on my license. So I googled lawyer and Seth's name came up. Contacted him and he advised me how he will pursue this ticket and what would be the likely outcome of it. What he said come out to be exactly that. VERY HAPPY WITH THE RESULT. I WILL RECOMMEND HIM.

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Making this short and simple: I had over 15 traffic infractions/violations for driving without a license, speeding and among other serious infractions. Needless to say , Ralph took care of this all for me and I ended up just paying fines for the traffic tickets - Also , I'm a licensed driver now! 

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