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

 
Google Review

I have used their services numerous time and have never been let down. My go to for all traffic court matters.

Google Review

I love everything about this business very fast and very very nice people I would refer this to anyone a word advice to the world they won't let u down.....stay safe everyone

Exceeded every expectation!!!!

I hired Azria and Bruffet to help with a hefty speeding ticket I received in Cortlandville NY. I'll admit I was hesitant as it was my first time hiring someone to handle a ticket for me but I was at risk of losing my license and paying thousands in fines. I was shocked to find they greatly exceeded expectations, taking my 4+ point ticket down to a 0 point violation with miniscule fines. Also the process was simple and fast, I sent them my information and was required to do nothing else from the start to the closure of my case. I cannot thank them enough and would/do recommend them to anyone in need of help with a ticket!

Shelby posted to Avvo
Justice for Traffic Violations

I was wrongly issued a ticket by a police officer who made a snap decision that was incorrect. I contacted Seth for help. He wanted to know the nature of the violation and my side of the story. He then told me to sit back as he would take on the matter for me. He updated me regularly as he communicated with the court, and eventually resolved the matter for me. His fee was reasonable and the results were excellent. I highly recommend him.

Traffic Client posted to Avvo