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  1. #1
    Join Date
    Oct 2011
    Posts
    1

    Angry Should I Fight a Seat Belt Violation Ticket

    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".

  2. #2

    Default Re: Should I Fight a Seat Belt Violation Ticket

    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.
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  3. #3
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Should I Fight a Seat Belt Violation Ticket

    What is your medical condition that warrants wearing the seat belt in this way.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

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