Question: Can I get points on my license for a seat belt ticket? It was given in Dade county, Florida?
Answer: A driver or passenger ticket for a Florida seat belt violation does not come with point; however, if the ticket is for a child restraint offense it comes with three points.
Since June 30th, 2009 not wearing a seat belt has been a primary offense in Florida per Section 316.614 of the Florida Statutes. If you do not buckle up you can be ticketed for this violation as a primary offense instead of a secondary offense.
Florida's previous safety belt law made not wearing a seat belt a non-moving violation. This type of law is considered a secondary seat belt law because officers may not stop a vehicle solely for a seat belt violation; rather, officers may only ticket those in violation of the law if the motor vehicle was stopped for a moving violation, such as speeding.
So the state of Florida now has a primary seat belt law. Florida's new safety belt law removes the requirement that failure to wear seat belts cannot be the basis for an officer to make a traffic stop. Florida will no longer have a secondary seat belt law; this means officers may stop motor vehicles for failing to wear a seat belt and not need to stop the driver for a separate offense.
We have read that under the new primary Florida safety belt law, fines for violation will remain the same, a $30 fine for adults and a $60 fine for children. We have read that in the Miami-Dade area the ticket tends to run with administrative fees, court costs, etc. around $115.
The seat belt violation does go on your Florida driving record but there are no points assigned for a driver or passenger who receives a seat belt violation. If, however, you have a child restraint violation ticket it is three points on your license. You can find out more about the penalties and points associated with a Florida seat belt ticket by checking with the FL Department of Highway Safety and Motor Vehicles (HSMV).
We insure a lot of cars and drivers in Florida. A typical MVR in Florida with a Seat Belt Violation looks like this:
THE DRIVER RECORD INFORMATION CONTAINED IN THIS REPORT WAS OBTAINED FROM THE ABOVE STATE ON: DATE. THE AGE OF THIS MVR IS LESS THAN 90 DAYS.
ORIGINAL DL ISSUED DATE
EXAMS: VISION=1 ROAD SIGN=1 ROAD RULES=1 DRIVE=1
EXAMS: MOTOR CYCLE RULES=1 MOTOR CYCLE SKILLS=1
** ENTRIES BELOW COVER THE PAST 3 YEARS **
** THIS PERSON HAS A DIGITAL IMAGE **
** THIS PERSON ENDORSED FOR MOTORCYCLE ALSO **
DATE - SEAT BELT VIOLATION
CONV DISP: GUILTY
Hope this helps.
While a seat belt ticket doesn't typically raise your state car insurance rates, it could depending upon your car insurance company's surcharge schedule. If your rates do rise, due to a seat belt or child-restraint ticket, then comparison shop with us to find the best rates possible for your situation.