According to Illinois law, all persons present in a vehicle are obliged to be buckled up and using a seat belt, and police may ticket drivers found to not be using a seat belt. This can be determined either through special seat belt checkpoints established for this reason or by simply pulling your car over. In the case where you are pulled over for an unrelated traffic offense, the police officer can further add a citation onto the ticket for failure to use a seat belt.
At Ktenas Law, we do battle daily to protect and defend Illinois drivers who may have received an unjust seat belt violation. Perhaps they did not fully know their rights, and this is important regardless of the fact that a seat belt violation is found to be a non-moving violation and the matter can be resolved without the hassle of going to court.
Don’t settle for the easy way out of an unjust seat belt violation. Fight for your rights because the ramifications of simply rolling over and giving in can be extreme. You may not have been told this when it was recommended that you just pay your fine and forget about the matter. That could turn out to be the worst thing you can do.
We consider it our job and our duty to thoroughly explain to you what serious consequences could happen once you are fined for a seat belt violation, and we help guide you to determine what you want to do about the situation. There could be some heavy repercussions that you haven’t considered. For one thing, your driving record can be affected due to a seat belt violation, but so could your entire life along with the lives of others who are in the car with you.
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What the Illinois Law States Pertaining to Seat Belts
The Illinois vehicle code dictates the mandatory use of seat belts pertaining to children as well as adults.
- All people in the front seat of a vehicle must use a seat belt.
- Passengers under 16 years of age must wear seat belts even if in the rear seat.
- If a driver is under 18 years, all passengers in the vehicle younger than 19 years of age are required to use a seat belt irrespective of where they are sitting in the vehicle.
- Children younger than 8 must be sitting in the correct child safety seats or booster seats.
You will learn that legally it is not a mandate that everyone uses seat belts. The fact of the matter is, anyone older than 16 does not have to use a seat belt when present in the rear passenger seats.
How Much Does a Ticket For A Seat Belt Violation Cost In Illinois?
The act of not donning a seat belt in Illinois is termed a petty offense carrying only a $25 fine. Now, fines can be increased in regard to the circumstances of every individual case and the number of violations the individual has accumulated. Furthermore, there will be additional court costs to pay. So you must take these things into consideration when determining whether to pay your fine or fight it.
Should you violate the Child Passenger Protection Act it is punishable by a $75 fine. If you are a first time offender, you can have an appropriate child restraint system installed and take an instructional course, and then you can apply for court supervision. This is a one time only deal, however.
Every time you violate the Illinois child safety seat laws after your first offense, you will need to pay a $200 fine, plus you will not be able to obtain court supervision.
Drivers younger than 18 holding a Graduated License will be given a warning for their first offense. After a second offense, or should there be another moving violation within a period of 2 years, the consequence will be a suspended license.
Warning: It is the responsibility of the driver to see to it that all present in their vehicle obey the seat belt laws of Illinois. If you are found to be in violation of these laws you will be subjected to a fine and court costs. There is no excuse for not being aware of what is going on inside of your vehicle.
Non-Moving Violations and Moving Seat Belt Violations
Beginning on January 1, 2012 it has been established that anyone who is present in a motor vehicle must use a seat belt no matter if they are in the front or the back seat. Prior to this date, it was not mandatory for individuals in the rear seat to use seat belts, but the law was reviewed in light of the possible damage rear seat passengers present to front seat individuals by becoming projectiles should an accident occur.
Not obeying this law can bring on a citation for a non-moving traffic violation. Because such violations can be resolved without necessitating a court appearance, many people choose to fork over the fine with taking into account the consequences of their actions. We can thoroughly explain the serious outcome you could possibly be confronted with now and in the future as a result of your violation.
In a case where children are not protected in their seating according to NHTSA safety regulations regarding children in a motor vehicle, the driver can be given a moving violation. A separate ticket can be issued for each individual child that is improperly restrained. There can be serious ramifications for your driving record due to moving violations, for your driving privileges, and for your insurance premiums. For example, if you are issued more than one conviction for moving violations within a year, your driver’s license can be suspended.
Effective IL Seat Belt Violations Lawyer
If you have recently been given a ticket for a seatbelt violation, don’t hesitate to hire an IL traffic ticket lawyer right away. Here at Ktenas Law, we have over 20 years of collective experience in IL traffic law defense. We will review your case and see if you have a legitimate complaint, then take the appropriate action for you. With our help, you can fight your ticket and keep from receiving fines or points on your driving record!