Gastonia, NC asked in Traffic Tickets for North Carolina

Q: Can a highway patrolman give you a seat belt ticket after you have parked the car, entered store, & returned to car?

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2 Lawyer Answers
Wiley Nickel
Wiley Nickel
Answered
  • Washington, DC
  • Licensed in North Carolina

A: Did he see you driving without a seat belt?

Amanda Bowden Johnson
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Answered
  • Traffic Tickets Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: If a NC Trooper gave you a seatbelt ticket after parking a car, entering a store and returning, then you already know the answer to your question - yes, they can! However, I suspect what you really meant to ask is if it is proper to give a seat belt ticket under those circumstances. Again the answer is probably yes. In NC if you are in a forward motion you are required to have a seat belt on. So if the Trooper saw you in a forward motion prior to you parking - the ticket was likely legitimately issued. The fact that you parked, got out entered a store and returned does not have any impact on what happened prior. In other words it doesn't magically restart the timeframe within which a Trooper can give you a seatbelt ticket.

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