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.

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
 

Article Categories

Google+ Review

I selected Azria & Bruffet to represent me for a speeding ticket based on all 5 star reviews. I am really happy with my decision. They are professional people who work for maximum favor of their clients. Interacting with them was very convenient. I ended up with a reduced fine due to their efforts. Keep it up Azria & Bruffett.

Google+ Review

Great service and extremely happy with their job. They dismissed my speeding ticket. Thank you A&B law firm. Definitely recommend them.

Google Review

Super efficient process with outstanding results. I received regular updates via email with clear instructions and expectations. Best of all, the results exceeded expectations - great reduction in my fine for speeding with zero points.

Thanks Seth and Team - you are great!

Google+ Review

Once again David Bruffett was able to help my husband with a speeding ticket. He was able to reduce his 2 point speeding ticket to ZERO points/ min moving violation. This was important since he had gotten a speeding ticket on The NYS Thruway a couple years ago & Azria & Bruffett Law Firm handle everything for us and kept us informed by email so that We did not have to travel back to Albany from our home in Rochester. And again just recently when my husband got yet another speeding ticket in our home town, Mr. Bruffett was able to help us and again secure his ticket with with zero points/min moving violation. The staff is also very helpful whenever I called with questions, namely Shannon. I highly recommend Azria & Bruffett,