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
Google Review

Best traffic court lawyer in the Syracuse area! Has reduced 2 of my tickets in NYS. Great price too. Would highly recommend to anyone!

Speeding Ticket Dismissal

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.

Hans posted to Avvo
Took care of business

I needed an expert to help me navigate a speeding ticket in the courts. I was from out of town and Seth was great at explaining the options. I left it in his hands and he was able to negotiate and took care of whatever was necessary. He made it extremely easy and I was happy with the results. Highly recommended.

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...