Should I Fight a Seat Belt Violation Ticket

**cataylor** · 10-13-2011, 08:31 AM

My question involves a traffic ticket from the state of: Florida I received a Seat Belt Violation according to Florida Statue 316.614.5 which states:

"It is unlawful for any person 18 years of age or older to be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt when the vehicle is in motion."

There is also a section that states something about seatbelt must be properly fastened. Fastened I would assume connected to the locking portion.

Details: I did have my seat belt on (I was a passenger) but instead of having the right side over my shoulder it was under my arm as I find it very uncomfortable. Do you think I should fight this ticket in court as I can find no where this is a violation? The officer stated on ticket- "Passenger Impropert Usuage-worn under armpit".

**aardvarc** · 10-13-2011, 03:02 PM

You can fight it, but you'll loose. See same statute, read further down:

(c) “Restrained by a safety belt” means being restricted by an appropriately adjusted safety belt which is properly fastened at all times when a motor vehicle is in motion.

Proper fastening is that usage as proscribed by the manufacturer - in other words, how such usage is intended or indicated (such as in an owner's manual) - and none of them proscribe under-arm wearing of a safety belt, because the belts are NOT DESIGNED to function property when worn that way. You can further investigate Federal Motor Vehicle Safety Standard No. 208, 49 C.F.R. s. 571.208.n This is the standard for vehicle safety enforcement that states muct enforce if they want Federal money for transportation.