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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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Incredible lawyer, has helped my husband out of multiple tickets or got them decreased. We would recommend no other than Seth Azria! He is our go-to, and quite possibly my husbands savior. Thank you Seth!

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I look at myself as a very successful person in life. But I am nothing if I can't provide for your family. I was heading down that path with two speeding tickets to my name with very high points. My means of providing is driving over 100 miles daily. Many thanks goes out to the office of Azria & Bruffett Law Firm. Mr. David is such a wonderful person even advise you how to get things done. When you talk about communication with clients - Azria & Bruffett does it the best. I love these people.
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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.

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I received a speeding ticket in upstate New York (30 mph above speed limit) - this was a 6 point hike on my insurance + fines up to $385. I hired Seth over the phone (I live out-of-state), paid my fees, and crossed my fingers. Wow. My case was resolved in around a month to 0 points and a fine of $135. 100% of my communication after our initial call was over e-mail.

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