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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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Seth is a good lawyer

Seth and his team helped me out with a speeding ticket I got in Cortland. He was professional and courteous. I spoke with him with-in a hour of leaving a message with his office. All future correspondence was via email, but he was available by phone. I worked with one of his staff members as well. My 31 mph over limit (6 pts) was reduced to non-speeding 2 pts fine. I highly recommend Seth and the Azria Law Firm.

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Attorney David Bruffett and his very professional team helped me handled my speeding ticket (55mph in a 40mph zone) in Town of Manlius. He negotiated a reduction of my 4 point ticket to a 0 point, and a $77+63 fine/fee. I am very thankful for Attorney Bruffett and his team's very professional, courteous, in time correspondences and services. Will recommend him and the firm to anyone who may need their services.

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