Legal Question in Traffic Law in Florida

My 16 year old son took his seat belt off as he was entering a store parking lot when a officer pulled in behind him as he as parking. My son ask him what he had done wrong and the officer requested to see his license, registrations and insurance card. Then stated he must wear his seat belt at all times when the wheels are rolling. Is it legal to give a ticket in a store parking lot?


Asked on 5/27/10, 7:13 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Maybe. The officer is right in general with his statement that it must be worn at all times. However, there is precedent that if the store parking lot didn't give permission for officers to enforce non-criminal infractions (they can enforce criminal laws anywhere in their jurisdiction), then he might have a defense. He should speak to an attorney about fighting this.

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Answered on 5/27/10, 11:41 am


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