CAN YOU GO TO JAIL FOR NOT WEARING A SEAT BELT?

The importance of seat belts is pretty well-known as a simple, yet vital, safety measure for those on the road. The act of securing a seat belt is second nature upon getting into a vehicle. Under Florida law, it is required for all drivers and passengers to wear a seat belt. However, there are instances when securing a seat belt is overlooked, forgotten or ignored; many times people will forego a seat belt when driving just a short distance down the road.

Florida Law Regarding Seat Belts

The “Florida Safety Belt Law” is what is known as a primary offense. Different from a secondary offense which can only be enforced when you have been stopped for another primary enforcement offense, this law allows law enforcement officers to stop your vehicle if they see you or a passenger violating the statute by not wearing a seat belt.

Consequences of Breaking the Florida Seat Belt Law

All seat belt laws in Florida, including child safety belt and child seat requirements, are civil infractions, not criminal offenses. Because they are all civil traffic infractions, the maximum penalties are usually a fine and points on your license. The typical charges include a $30 violation if an adult is not wearing a seat belt and $60 if a child is not wearing one.

A driver or passenger cannot go to jail for not wearing a seat belt because it is a civil violation. However, there are some instances in which being stopped for not wearing a seat belt could result in arrest.

Arrests Involving the Seat Belt Law

While you cannot go to jail for failure to wear a seat belt, you could be arrested based on what happens after you’re stopped for this infraction. If you believe that the officer has made a mistake, you can disagree and plead your case to the officer. However, you probably won’t win the argument on the side of the road so it is best that you solve the disagreement in court. If, in a fit of frustration, you refuse to sign and accept the seat belt citation, you can actually be arrested for refusal to sign a citation. This could turn a simple traffic ticket into a much larger problem. Additionally, it is important to note that once you and your vehicle are detained it can lead to further investigation.

If an officer thinks you have been drinking, that will lead to a DUI investigation, and can result in your arrest. If the officer smells marijuana in the car, or if a dog alerts to contraband, they will search the vehicle on the spot. If anything illegal is found, even if it is not the drugs they smelled or what the dog was alerted to, you are still subject to arrest, even if it results from the initial infraction of not wearing a seat belt.

Exceptions to the Florida Safety Belt Law

The only exceptions to the Florida Safety Belt Law involve buses, recreational vehicles (outside of the driver’s compartment), large trucks, farming equipment and vehicles not required to have seat belts under federal law – usually in the form of classic cars.

When to Consult an Attorney

Since the seat belt law is a civil infraction, a criminal defense attorney is not required unless you are arrested for one of the additional infractions mentioned. If you decide to challenge the violation, a Gainesville attorney can help you take your case to court. This is a preferred alternative in order to navigate a potential mistake made by the citing officer.

In the case that you are in need of a criminal defense attorney as it relates to a seat belt citation, the lawyers of Avera and Smith can help.

The Florida Safety Belt Law is in place to protect you and your passengers. So, wear your seat belt; it can save your life, your money and avoid unnecessary detention and investigation.