The Florida Legislature has been extremely busy lately, especially with negotiations that ultimately resulted in a state budget with cuts to make up for the loss of revenue associated with the current economic recession. During all of this, and amid plenty of controversy surround issues like state employee salary cuts, they still found time to revise the Florida seat belt statute.
Formerly, a driver could be ticketed for a seat belt violation as a secondary offense. That means that if the driver was stopped for a different offense - a faulty taillight, driving under the influence of alcohol or drugs, or running a stop light, for example - then a law enforcement officer could also ticket the driver for a seat belt violation. Now, Florida joins Georgia as only the second state to enact a primary offense seat belt law: a police officer will be able to pull over your vehicle and ticket you solely for your failure to wear a seat belt when driving.
Critics of the bipartisan seat belt law effort are those who think that seat belt laws can be used to justify looking for real criminal activity, as a stop for an offense as simple as failure to wear a seat belt can be an excuse for a police officer to find evidence of an actual crime. For example, a seat belt stop might also allow an officer the opportunity to check a car full of college students for the lingering scent of marijuana. Some critics are also concerned that seat belt laws could allow law enforcement to engage in racial profiling.
New Hampshire - the live free or die state with a libertarian streak - is the only state in the country without any kind of seat belt law. Residents of New Hampshire seem to prefer minimal involvement of the government in their lives.
If you have been arrested in Florida, contact the criminal defense attorneys at Musca Law immediately to begin your legal defense.
