I was on my way to class the other day and was waiting for a red light to change when an officer asked me to pull over when the light changed green; mind you I had been at the red light for at least a minute or two before he hit his siren and tapped on my window. After we pulled into the parking lot of the nearby apartment complex, the officer cited me with a $123.00 seat belt violation, no other violations were mentioned what so ever.
I looked it up, and a seat belt violation for a driver in Florida is only supposed to cost $30.00 and they can only get you for the violation if they stop you for a different traffic violation first.
What can I do to argue this fine amount, either to get it thrown out entirely or at lest reduced. I don't mind paying $30 but $123 is excessive especially since I am a poor college student.
%26quot;316.614 Safety Belt Usage
(1) This section may be cited as the %26quot;Florida Safety Belt Law.%26quot;
(2) It is the policy of this state that enactment of this section is intended to be compatible with the continued support by the state for federal safety standards requiring automatic crash protection, and the enactment of this section should not be used in any manner to rescind or delay the implementation of the federal automatic crash protection system requirements of Federal Motor Safety Standard 208 as set forth in S4.1.2.1 thereof, as entered on July 17, 1984, for new cars.
(3) As used in this section:
(a) %26quot;Motor vehicle%26quot; means a motor vehicle as defined in s. 316.003 which is operated on the roadways, streets, and highways of this state. The term does not include:
1. A school bus.
2. A bus used for the transportation of persons for compensation.
3. A farm tractor or implement of husbandry.
4. A truck having a gross vehicle weight rating of more than 26,000 pounds.
5. A motorcycle, moped, or bicycle.
(b) %26quot;Safety belt%26quot; means a seat belt assembly that meets the requirements established under Federal Motor Vehicle Safety Standard No. 208, 49 C.F.R. s. 571.208.
(c) %26quot;Restrained by a safety belt%26quot; means being restricted by an appropriately adjusted safety belt which is properly fastened at all times when a motor vehicle is in motion.
(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 is 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.
(5) 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.
(6)(a) Neither a person who is certified by a physician as having a medical condition that causes the use of a safety belt to be inappropriate or dangerous nor an employee of a newspaper home delivery service while in the course of his or her employment delivering newspapers on home delivery routes is required to be restrained by a safety belt.
(b) The number of front seat passengers of a pickup truck required to wear a safety belt pursuant to this section shall not exceed the number of safety belts which were installed in the front seat of such pickup truck by the manufacturer.
(c) An employee of a solid waste or recyclable collection service is not required to be restrained by a safety belt while in the course of employment collecting solid waste or recyclables on designated routes.
(d) The requirements of this section shall not apply to the living quarters of a recreational vehicle or a space within a truck body primarily intended for merchandise or property.
(7) It is the intent of the Legislature that all state, county, and local law enforcement agencies, safety councils, and public school systems, in recognition of the fatalities and injuries attributed to unrestrained occupancy of motor vehicles, shall conduct a continuing safety and public awareness campaign as to the magnitude of the problem and adopt programs designed to encourage compliance with the safety belt usage requirements of this section.
(8) Any person who violates the provisions of this section commits a non moving violation, punishable as provided in chapter 318. However, except for violations of s. 316.613 and paragraph (4)(a), enforcement of this section by state or local law enforcement agencies must be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of another section of this chapter, chapter 320, or chapter 322.
(9) By January 1, 2006, each law enforcement agency in this state shall adopt departmental policies to prohibit the practice of racial profiling. When a law enforcement officer issues a citation for a violation of this section, the law enforcement officer must r
I am being fined the wrong amount on a seat belt violation. How do i get it fixed?
The statute you cited above is correct however Section 316.614(9) used to read in part;
%26quot;as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of another section of this chapter, chapter 320, or chapter 322.%26quot;
As of June 30, 2009, that section was removed and the seat belt law is now a primary offense, meaning a law enforcement officer can stop and cite you for not wearing a seat belt without having to witness another traffic violation.
The $30 dollars is the state fine however, counties and municipalities can add their own fines and court costs to the total.
I am being fined the wrong amount on a seat belt violation. How do i get it fixed?
Call the magistrate for the area which the ticket was issued (or should say right on the ticket - or maybe where the officer was from) and tell them you want to pleed not guilty and have a court date. You'll have to pay a fee, which is like $7 (here in PA at least, I wouldn't think it differs much in other states). They'll give you a court date, take all your information with you to the hearing (the stuff saying they can only give you seat belt fine if you are pulled over for something else, and also the information about the fine only being $30 just in case they decide they want to fine you anyway even though there were no other violations) and hopefully it will all turn out in your favor. Sounds like that cop was just being a jerk. Good luck, I hope it works out for you.
All ya gotta do is call the appropriate court clerk, and ask him/her what the fine should be, and how you should respond. Easy as pie...
