Legal Question in Traffic Law in Florida

Safety belt 316.613 (4)(b)

My daughter was driving home from school when she was pulled over for not haveing her safety belt on. It is my understanding according to 316.613 (8) that they can only inforce this if you were detained for another violation. Which i am assuming means they can not pull you over just for the safety belt violation. If this is true should we fight the ticket?


Asked on 12/06/05, 3:06 pm

1 Answer from Attorneys

James Woodruff The Woodruff Law Firm, P.L.

Re: Safety belt 316.613 (4)(b)

That would be true if she was issued a citation under F.S. 316.614, and she is over 18 years of age.

Since your question deals with 316.613, child restraint requirements, the officer may issue the citation.

316.613 does not have a section 8. The section you are refering to is 316.614(8). If you want to discuss this matter further you may contact me.

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Answered on 12/06/05, 6:51 pm


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