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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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Azria & Bruffett did a very professional and effective job of dealing with my (out of state) speeding ticket in upstate NY. I was going 75 in a 65 which means multiple points along with a hefty fine. Ralph Habib was able to reduce the magnitude of my ticket down to a no points, non-moving violation. The paralegal Monica coordinated all of the communications and made it a very easy process for me. Fees were reasonable and competitive with other firms I shopped around at. I would recommend them to anyone else facing ticket issues as well.

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David Bruffet of Azria & Bruffett handled my traffic case and managed to reduce my speeding ticket to a non-moving violation! This resulted in no points on my license and a substantial reduction in payments to the court. They have special promotions for college students so would recommend services for any college student who needs legal representation when it comes to speeding tickets.

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