Driving Without A Seatbelt
Do You Need to Fight a Driving without a Seatbelt Ticket in Georgia? Contact Yeargan & Kert, LLC to Help You Win that Fight.
Georgia has many rules a driver must obey to avoid paying fines, incurring jail time or having points added to their driving record. For instance, every child weighing at least 40 pounds must be secured by a lap belt when the vehicle they are riding in does not have a lap and shoulder belt. The first conviction of not securing a child under five years old in a lap seat belt is $50 fine. Driving without a seatbelt for an adult driver is only a $15 fine, but it will go on your driving history and make your insurance rates skyrocket.
Driving under the influence of alcohol or drugs means operating a motor vehicle after consuming drugs or having a blood alcohol concentration higher than 0.08 percent. A first-time conviction may include one to 10 days in county jail.
It is unlawful to drive without headlights during specific hours in Atlanta. A first time conviction of this traffic violation is three points added to the person’s driving record.
In Georgia, it is also a traffic violation to drive or have a passenger in the motor vehicle not wearing a seat belt.
Drivers and Passengers are Required to Use Safety Belts in Passenger Vehicles in Georgia
A passenger vehicle is any type of vehicle that has seating for anyone other than the driver. For instance, a motorcycle is not considered a passenger vehicle. In Atlanta, passenger vehicles include, but are not limited to:
- Pickup trucks
- Sport utility vehicles designed to have 10 or less passengers
A Driver can get into Legal Trouble if Passengers are not Using their Seatbelts while Traveling in Georgia
The state has a complex law regarding the use of seat belts for occupants. A driver will always violate the seatbelt law if they are not using their seatbelt while operating a motor vehicle. However, a front seat passenger in the vehicle must use a seatbelt at all times.
If a passenger is over the age of 18 years old and sitting in the back seat of the passenger, they do not have to use a seatbelt, and cannot be charged with driving without a seatbelt.
Any minor ranging from the age of eight to 18 years old must use a seatbelt while in the backseat of a passenger vehicle. They also must use a seatbelt while traveling in the front passenger seat.
Exceptions to the Seat Belt Rule in Georgia
Every occupant of a passenger is required to follow the seatbelt law. However, the state does allow for a few exceptions. This means a passenger or driver does not have to use a seatbelt when:
- They frequently stop and leave the vehicle or deliver property from the passenger vehicle as long as they do not exceed 15 miles per hour
- They have a written statement from their doctor explaining that they are not able to use a seatbelt. The statement must include the physical or medical reasons why they cannot use the seatbelt.
- The driver is operating the vehicle in reverse
- They have an official certificate or license issued by the proper agency in another country or state explaining they are not able to use a seatbelt. The reasons can include physical, medical or any other reason.
- The passenger vehicle has a model year of 1965 or older
- The passenger vehicle is not required to be equipped with seatbelts according to federal law
- The passenger vehicle is operated by a U.S. Postal Service letter carrier in a rural area
- The passenger vehicle is an emergency service vehicle
- The passenger vehicle is used to deliver newspapers
Punishment for Driving Without A Seatbelt In Georgia
The punishment for not using a seatbelt when in a vehicle depends the age of the occupant. For child eight years old or older is not restrained in a seatbelt, the punishment is a $25 ticket. If the occupant is an adult, the penalty is a $15 ticket. If the child is under four years old and not in a safety seat belt restraint, the punishment is a $50 ticket for the first offense. For the second offense, the punishment increases to a $100 ticket.
Contact Yeargan & Kert, LLC
You have been accused of not wearing a seatbelt. Maybe your passenger was accused of not wearing a seatbelt. It does not matter. You have the right to fight the ticket. Contact Yeargan & Kert, LLC to help you fight the ticket.
We will develop a strong defense based on what happened during the traffic stop. We will work to get the ticket dismissed. Contact Yeargan & Kert, LLC immediately for help getting rid of your seat belt ticket.