No Seat Belt Violation Defined
Failure to wear a seat belt is a petty offense in Illinois punishable by a fine only. This violation is not considered a moving violation and therefore there are no points assessed against your driving record for a violation of this offense. Everyone in driving in Illinois is required to wear a seatbelt whether driving, or traveling as a passenger with a few exceptions. Even back seat passengers are required to wear a seatbelt.
Exceptions to No Seat Belt Violation
That being said, there are a number of exceptions to the general requirement to wear a seatbelt. A backseat passenger in a taxi cab, a delivery driver who makes frequent stops while maintaining a speed under 15 mph between stops (urban and rural mail carriers), certain drivers of emergency vehicles, or individuals who have a note from a doctor, are all examples of people who are exempt from the general rule that occupants of a vehicle are required to wear seat belts. It is also worth noting that police are not permitted to institute a search of a vehicle where the stop was made based on a violation of this statute alone. If the police search your car and this was your only violation of the Vehicle Code, the search and whatever contraband it turned up, may be inadmissible in court.
If you have been cited with a no seat belt violation, contact one of the traffic defense attorneys at Giannola Legal today for a free consultation. Contact Us Today
