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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 got a speeding ticket in the wonderful state of NY.(I live in Texas) I called Seth Azria and he was the best attroney I have ever dealt with just a great guy. He got my ticket reduced to a parking ticket with no points and his fee was very affordable. I will def use him again for any other instance I may need.I travel to Ny from time to time. I def recommend him worth every Penny.
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TWICE I reached out to Seth when I got speeding tickets in upstate NY about a year apart. The first ticket was reduced significantly so it gave me great confidence to call Seth from the highway when I got the second ticket! 

With each ticket Seth explained what my options and risks were. He delivered exactly what he promised in each event. He really knows the DA's in each county that he had to deal with and was able to get the second ticket which was a monster 6 pointer to ZERO points!  The fact that I did not have to waste time and wages to appear in court was priceless.

I emphatically recommend Seth for anyone with a New York State or an upstate speeding ticket.

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I were given a speeding ticket in Otego New York, which the law office of attorney Azria was able to get dismiss. I am from Boston Mass and did not have to travel outside my state to hire attorney azria i was able to paid his fee with my credit card, and did not have to go to court or anything he was able to get everything resolve and they kept me informed at all time in the process can said enough about their services i am very pleased with the overall service, and i will definitely recommend them.

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