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.

Accepting Cases in Onondaga County Only.

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

 
Hire your traffic lawyer online. Start Now
Schuyler speeding ticket

It's been quite a few months, maybe a year since Seth got my speeding ticket reduced to a non moving violation. After speaking with several attorneys I went with Seth because he was exactly as described in his reviews. He was reachable, returned my calls, answered all my questions (which there were many). After a few weeks he and his staff got back to me with a positive outcome. It cost some money in fees and fines but a few months later my insurance had dropped $800. Wow....I was happy I didn't get a speeding ticket or points taken away so that my insurance wouldn't go up. This was a super bonus! 
Thanks Seth!

KC-Toronto posted to Avvo
As advertized

They took over the case and took care of my ticket, I got a good reduction in points

anonymous posted to Avvo
Best Decision I've Made!

Fantastic to work with, he was able to take my cell phone ticket worth a possible 5 points and bring it down to a muffler violation worth 0 points. Could not be happier with the service provided and how quick and easy everything was, once I answered a few questions everything else was taken care of for me! Extremely reasonable price, especially considering all I will be saving not having to pay extra on my insurance!

anonymous posted to Avvo
Google+ Review

Worked well with an Ontario resident and did exactly what they said were going to do; got me off a speeding ticket.