Q: I got a ticket for a seatbelt violation when my seatbelt was faulty and wouldn't buckle. Should I still get a ticket?
A:
Hello asker,
I don't know how to tell you other than yes, you should receive a ticket. Part of the vehicle code is dedicated to equipment violations for a reason. All drivers are required to have their vehicle in working order before being on the road sufficient to comply with the requirements of the law. The only possible exception to this limitation for seatbelts may exist for cars that were grandfathered in because they were never commercially produced with seatbelts. In this situation, since your vehicle has a seat belt, you have an obligation to use it. If it cannot be used, it needs to be fixed to comply with the law. The best analogy would be headlights on a car. It's no defense that you didn't have your headlights on because your neglect allowed for them to burn out without replacing them, why should a seat belt be any different?
Hope that helps and let us know if you have any additional traffic questions.
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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