7.752 — FAILURE TO WEAR A SEATBELT (DRIVER)

Violations of "Statute 7.752" results in an Infraction and a fine of $100 with receiving an additional license point(s) of 1.

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(a) Definitions

Failure to wear a seatbelt (driver) refers to the act of operating a motor vehicle without wearing the required seatbelt, as mandated by law. This offense applies specifically to the driver of the vehicle, who is responsible for ensuring that they and any passengers are properly restrained while the vehicle is in motion.

(b) Elements

To establish the offense of failure to wear a seatbelt, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was operating a motor vehicle on a public road.

• The defendant failed to properly wear the seatbelt while driving.

• The failure to wear the seatbelt occurred at a time when the vehicle was in motion.

• The defendant knew or should have known that wearing a seatbelt was required by law.

(c) Defenses

Defenses against a charge of failure to wear a seatbelt may include:

• The defendant was exempt from the seatbelt requirement due to a medical condition, disability, or other specific exemption as defined by law.

• The defendant was driving a vehicle that was not required to have seatbelts, such as certain older vehicles.

• The defendant was temporarily driving the vehicle at low speeds in a parking lot or private property where seatbelt laws are not enforced.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The defendant has a history of traffic violations, including repeated seatbelt offenses.

• The offense occurred during a time when the vehicle was being operated recklessly or in an unsafe manner.

• The defendant was driving with passengers who were also not wearing seatbelts, increasing the risk of injury or harm.