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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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Mr. Azria is a thorough professional that explained me the complete process up to the dismissal of my case. Shannon in the office is a true gem. The entire process was handled with complete and clear explanation in each email. Highly recommend them for your traffic issues.

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David Bruffett resolved Speeding Violation very smartely. I contacted Attorney David receiving a speeding ticket over 100mph in NY, being a NJ driver. David was very professional and very clear on how to handle the issue (had very high points ticket but thanks to David who turned a stressful incident into a quick, easy and painless situation). Within a few months the issue was resolved and we are entirely satisfied with the outcome. I must say that David's help, support and guidance was very professional as well! I highly recommend David, if you have any traffic speeding tickets in the NY state. I found his services remarkable. He delivered more then he promised. I guess that what makes any client happy.

Take it from a Fellow Attorney, Seth Azria is wonderful and gets the job done.

I am an attorney working in the lower Hudson Valley. I had an unfortunate brush with the law on my birthday of all days! which resulted in my receipt of a speeding ticket en-route to a wedding in Buffalo. I'd never had any other infractions on my record and this offense is certainly not an area in which I specialize. I was very upset and worried but immediately upon calling Mr. Azria all of my fears and concerns melted away. Mr. Azria was able to plead my ticket down to a minor violation with no points and a small fee to the Court. Mr. Azria was quick, efficient and responsive. I never had a moment of worry that my case was being neglected. Mr. Azria and his team answered any questions that I had and kept me informed throughout the process. I could not have asked for a better team in my corner and you can't beat the price. You would have thought that I spent a small fortune for the quality of service that I received. Take it from me, Mr. Azria is the attorney you want representing you.

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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! 

Thanks a lot Ralph for your service , I would recommend anyone who gets in trouble with the law to first contact Ralph Habib.

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