7.753 — FAILURE TO WEAR A SEATBELT (PASSENGER)

Violations of "Statute 7.753" 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 (passenger) refers to the act of a passenger in a motor vehicle failing to wear the required seatbelt while the vehicle is in motion. This offense applies specifically to passengers, who are legally obligated to wear seatbelts while traveling in a vehicle, regardless of their seating position.

(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 a passenger in a motor vehicle.

• The vehicle was in motion at the time of the offense.

• The defendant failed to properly wear the seatbelt.

• 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 as a passenger may include:

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

• The passenger was traveling in a vehicle that was not required to have seatbelts, such as certain older vehicles.

• The vehicle was temporarily parked or stopped at a location where seatbelt laws were not being enforced.

(d) Aggravating Factors

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

• The passenger’s failure to wear a seatbelt contributed to serious injury or death during a crash.

• The passenger was a minor who was not properly restrained in accordance with child safety seat laws.

• The passenger was uncooperative or refused to wear a seatbelt despite being instructed to do so.