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  1. #1
    Join Date
    Mar 2011
    Location
    Orlando, Florida
    Posts
    2

    Default Seat Belt Violation in Parking Lot

    My question involves a traffic ticket from the state of: Florida
    Hello...i recently recieved a citation for seatbelt violation, when i pulled out of my parking spot, but i was in the process of putting on the seatbelt. I literally pulled out, put my car in drive & went to put on my seatbelt before i hit the gas. The police pulled me right over...i wasnt even out of the parking lot lane. When he did pull me over, i had my seatbelt on. I'm not sure, but is there any way i can fight this? I sincerely did not know that you had to have your seatbelt on as soon as you turn the car on, like the officer said. Thanks for any help!!

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Seat Belt Violation in Parking Lot

    Unfortunately, you are probably out of luck. As they say, ignorance is no defense. The FL. seat belt law states:

    (4) It is unlawful for any person:

    (a) To operate a motor vehicle in this state unless each passenger and the operator of the vehicle under the age of 18 years are restrained by a safety belt or by a child restraint device pursuant to s. 316.613, if applicable; or

    (b) To operate a motor vehicle in this state unless the person is restrained by a safety belt.

    As soon as you put the vehicle in gear and start to move, if not as soon as you turn the key if FL has a strict interpretation of "operate", you must be properly restrained. If the officer was able to see that you did not have your seat belt on, then the ticket is good even if you have it on when he actually stopped you. "I have it on now" is not a valid defense if you did not have it on when the officer saw you. Whether you can get it reduced or possibly fight the ticket by asserting he could not see you, I'll have to defer to the FL experts here to answer.

    Is this the same seat belt ticket that has the DUI notation on it from your other post? If so, a deal is probably not going to happen. If it was 1am, depending on the lighting conditions in the lot, I don't know if he would have been able to see you didn't have your seat belt on unless he was very close to you. That might be an avenue of relief if you choose to fight it. Again, I defer to the FL folks.

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