I was recently cited for a seat belt violation under statute 316.614(4)(B). However, as I tried to tell the officer, I was wearing the belt,...

Question

I was recently cited for a seat belt violation under statute 316.614(4)(B). However, as I tried to tell the officer, I was wearing the belt, but under my arm not over the shoulder. He persisted in insisting that I did not have the belt on at all, but that even if I did with it under the arm, it was still a violation. I went to the Pompano Police department for clarification and was told the same thing by a traffic sargeant.

I was turning right at an intersection and this officer was 3 lanes over from where I was, going in the opposite direction and had to make a u-turn in an intersection from the right turn lane he was in, in front of a straight and left turn lane to turn back to pursue me.

I don't see any reference to how the belt should be worn in the statute other than "appropriately".

Would I have a reasonably good expectation of prevailing if I were to challenge this?

Thanks.

Answer

You have a reasonably good expectation of prevailing if you have an attorney.