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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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Schuyler speeding ticket

It's been quite a few months, maybe a year since Seth got my speeding ticket reduced to a non moving violation. After speaking with several attorneys I went with Seth because he was exactly as described in his reviews. He was reachable, returned my calls, answered all my questions (which there were many). After a few weeks he and his staff got back to me with a positive outcome. It cost some money in fees and fines but a few months later my insurance had dropped $800. Wow....I was happy I didn't get a speeding ticket or points taken away so that my insurance wouldn't go up. This was a super bonus! 
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