violating the seat belt law

How to Get a Seat Belt Ticket Dismissed in Greensboro, NC

In Traffic by Greensboro Attorney

Seat belts are an essential security feature in vehicles. They could save lives in the event of a car accident. In North Carolina, wearing a seat belt is mandatory in all types of motor vehicles. Failure to comply with this law could result in a seat belt ticket. There are serious consequences for obtaining this type of ticket, so many are curious about how to get a seat belt ticket dismissed in Greensboro, NC.

Keep reading to find the best tips and strategies to avoid stiff penalties or adding points to your driving record. 

What is the Cost of a Seat Belt Violation in North Carolina?

According to the North Carolina Department of Transportation, the violation for failing to wear a seat belt under the Seat Belt Law is a $180 fine. The fine for an under-age passenger without a seat belt is $266. In addition, you have to consider the additional costs involved when you take the case to court. 

However, there is no equivalent in cost to a lost life. It is something that the law is aiming to protect. Since 1993, nearly 12,000 people have died in car accidents after failing to wear a seat belt. 

The Highway Safety Program in North Carolina is stern in upholding this law to protect more lives on the road. 

violation for failing to wear a seat belt

Who is Exempt from the Seat Belt Law in North Carolina?

In North Carolina, the Seat Belt Law applies to all drivers and passengers of motor vehicles. But like most rules and laws, there are some exemptions.

The first exemption to the NC Seat Belt Law is for anyone with a medical condition that prevents them from wearing a seat belt. The law exempts them from any ticket, but they must obtain a statement from their physician explaining the nature of their medical condition and how wearing a seat belt could be detrimental to their health.

Individuals of certain occupations are also exempt from the North Carolina Seat Belt Law, such as newspaper delivery drivers and rural mail carriers. But while they’re not required to wear a seat belt, they must abide by certain conditions, such as observing a specific speed limit or using seat belt alternatives. 

There are more exemptions to the Seat Belt Law, which you should know about to protect your rights. 

Is a Seat Belt Ticket a Moving Violation in North Carolina?

No, a seat belt ticket is not considered as a moving violation in North Carolina. But even if it’s not a moving violation, it does not mean you should not take it seriously. It could still have serious consequences, and you should avoid it at all costs.

You won’t get a point for violating the seat belt law. But if an under-age passenger is not wearing a seat belt, you will get two demerit points on your driver’s license based on NC’s child seat belt laws. You can avoid the penalties and points to your driving record by always wearing your seat belt inside a moving motor vehicle. 

Ways to Get a Seat Belt Ticket Dismissed in North Carolina

Getting a seat belt ticket can be costly and a huge inconvenience. It is expensive and could require a lot of work if you want to have the ticket dismissed from your record. Ensure you know the options available when you want your ticket dismissed and achieve a favorable outcome.

1. Prove You’re Wearing a Seat Belt

If you are confident that you were wrongly pulled over by an officer for a ticket, even while wearing your seat belt, you must prove that they were mistaken for apprehending you. Make sure you have evidence to support your statement so the traffic court in NC will believe you. 

For example, get a witness testimony. If you had another passenger in the car, you can get them to release a statement that you wore a seat belt when pulled over. If you have a photograph or a video inside your vehicle, you can also use that as proof. You will need all the evidence you can get to contest the ticket.

Ways to Get a Seat Belt Ticket Dismissed

2. Show Proof of Repair

If you were unfortunately pulled over for not wearing a seat belt while it’s defective or under repair, you could use any proof of repair to support your case. Likewise, any evidence that you are getting your seat belt repaired or replaced can help you when contesting the ticket. Make sure to keep all receipts of repair with you at all times. 

3. Contest it on Court

You can take the case to court if you believe you were unfairly given the seat belt ticket. You can choose between a trial by judge or jury when contesting your seat belt ticket. 

If you decide to go to court, hire a legal team. Legal counsel can provide the guidance you need for your case to ensure it turns out favorably. 

4. Appeal to the Prosecutor

The next option on how to get a seat belt ticket dismissed would be to appeal directly to the prosecutor. However, it’s only applicable if you have a clean driving record and this is your first offense. Then, the prosecutor can forgive a minor seat belt violation, so you won’t have to go to trial. 

But before you approach the prosecutor to settle, you must compile the evidence that you complied with the law. After that, most prosecutors would accept your appeal, and you will only be required to do community service or have your fine reduced.

5. Hire a Lawyer

An experienced traffic lawyer in Greensboro, NC, can help you handle a seat belt ticket, especially if you want it dismissed from your account. The lawyer can advise on the best course of action to take regarding your ticket. They have extensive knowledge about NC seat belt laws that you can leverage for your specific situation. A lawyer can assemble a strong case for you and increase your chances of dismissal.

There are many options on how to get a seat belt ticket dismissed in Greensboro, NC. Take note of these strategies to help get your ticket waived. But it’s also essential to respect the law and always wear your seat belt since they protect you and your passengers.