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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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I am very pleased with the outcome of my case. I contacted Ralph Habib from the Azria & Bruffett group to represent me in my defense in connection with a speeding ticket. I had the opportunity to speak with Mr. Habib and found him to be professional and diligent in this area of law. I felt his background and experience would undoubtedly be the right choice. Shannon Liparulo the Paralegal was great at keeping me informed as to the status and sharing the outcome of the case with me. She always answered and returned my calls and emails. I honestly recommend Mr. Ralph Habib and the team from Azria & Bruffett! Thank you Mr. Habib and Shannon. From Mel. S.

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I highly recommend this law firm. They took care of a speeding ticket I received in Liverpool quickly and easily without needing much at all from me which is huge being a full time working mom. They saved me money in insurance increases, points on my license, and my peace of mind. They were quick to respond back with any questions I had and handled my case professionally as well as promptly! I will definitely use them again for any future issues.

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Driving back from Canada I received a large speeding ticket in NY. I thought this time instead of the PA making a mockery of me and traveling back up to NY I'd enlist the help of an attorney. Azira & Bruffett were the first firm that populated and the only one I needed. His staff was great, very communicative and friendly, David, was very easy to work with. Very knowledgeable and explained everything perfectly to me. I hope i never need another attorney in NY again, but if I do, David Bruffett will be the first I contact.

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