In order to collect over $35 million in federal funding, Florida Governor Charlie Crist recently signed into law a bill which allows Florida law enforcement officers to pull over motorists if they are not wearing their seat belt. Until the signing of this most recent bill, Florida law enforcement could cite motorists or passengers, but only if they stopped their vehicle for some other lawful reason. With the passage of this new law, Florida will be eligible to collect Federal highway safety dollars which will help fund law enforcement activity throughout the State of Florida. A seat belt ticket in Florida is not a moving violation, however the fine is just shy of $100.00 in most counties. According to a May 2009 Research Study by the National Highway Traffic Safety Administration, The Increase in Lives Saved, Injuries Prevented, and Cost Savings if Seat Belt Use Rose to at Least 90 Percent in All States Florida could save over 175 lives per year if seatblet usage was around 90 percent. Currently, seat belt usage in Florida is around 79 percent. What these articles and publications on seat belt usage do not discuss the effect that this law will have on Florida motorists. Not unlike current Florida statutes on failure to maintain a single lane, failure to use a signal when changing lanes, or obscure tag laws, these new laws come at a price for our freedom and fiscal protection. Florida has extremely aggressive Ticket It or Click It campaigns and the new law should go far in padding the coffers of all state agencies. In addition, it is of utmost concern that the courts will see an increase in cases challenging evidence obtained from traffic stops which began as a result of a driver not wearing their seat belt. Since most DUI arrests occur at night, and the reason for the stop is almost always a possible defense, the stopping deputy or trooper should be 100 percent certain that the person they are stopping is not wearing their seat belt. A seat belt stop is akin to having one headlight out or a tag light out, as no “bad” driving is exhibited.
The Law Firm of Finebloom and Haenel has offices in Sarasota, Clearwater, Tampa, and Orlando and represents motorists across the State of Florida on any traffic related case. Our attorneys can be reached anytime by calling 1-800-FIGHT-IT.