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Is a seat belt ticket considered a moving or nonmoving violation?
Question:
Is a seat belt ticket considered a moving or nonmoving violation?
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A moving violation is one that occurs while the car is on the road or highway and the car is moving or could move. A non-moving violation is one that occurs while the car is parked or not moving. A seat belt ticket is treated differently in each state, however. In some, a vehicle can be stopped just because someone was not in a seat belt; in others they must be stopped for some other reason, then a seat belt ticket can be issued.
In some states it is a non-moving violation even though the car is in motion and only a ticket is given with a fine between $10 and $200. In others, it is a moving violation and points can be assessed as well as a fine. New Hampshire is the only state with no seat belt law.
Additionally, each state has child restraint laws and sometimes these laws play a part in how a seat belt violation is viewed. In states such as New York, a seat belt violation is a non-moving violation; however if the person is under 16, the fine is doubled, 3 points are added to the license, and the violation is a moving one.
All states have different seat belt/child restraint laws. If you have questions about the laws in your state, contact an attorney for assistance.
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