Legal Question in Traffic Law in Florida

Seat Belt Law Florida Statute 316.613

In Florida Statute 316.613 it states in paragraph 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''. What does properly fastened entail? Would wearing the belt but tucking the top under the arm of an extremely short(who has been nearly strangled in an accident before) person be reason enough to ticket, would modification of the belt need to be done, or should I just cough up the $60 bucks.

Thanks!


Asked on 7/15/03, 4:21 pm

1 Answer from Attorneys
Stan Halbert Stanley Halbert, P.A.

Re: Seat Belt Law Florida Statute 316.613

"Properly fastened" is a subjective term, which would have to be decided by the Judge/hearing officer. From your description, I believe that you were properly restrained, but the cost of hiring an attorney (I would charge $250.00) would most likely be prohibitive. If you would like legal assistance on this matter, please feel free to give me a call at 408-830-7181, for a free phone consultation.

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Answered on 7/16/03, 5:17 pm


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