Kearny, NJ asked in Traffic Tickets for New Jersey

Q: If the car is stationary when pulled over, am I legally allowed to take seat belt off to get my license?

My sister in law was pulled over while driving. In fairness the officer was justified in pulling us over. As he approached, I took off my seat belt to reach for my sister’s bag in the back for her licence.

I was in his field of vision while taking the seat belt off, he then proceeded to ask why my belt is off. I explained the above and added I couldn’t access my sister’s bag in the back seat. He asked for my Id and subsequently gave me a warning for not having my seat belt on.

Having looked at the above, it does not state that I cannot take my seat belt off while stationary (and as a passenger) to reach for id.

Was he justified in giving me a written warning?

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1 Lawyer Answer

A: Yes you're supposed to keep your seatbelt on because you are only stationary because he pulled you over. You should always keep your documents within hands reach to not have this problem again as you got lucky with the warning.

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