CAN YOU BE STOPPED FOR FAILING TO WEAR A SEAT BELT?

The answer is yes.

Police can stop your car when they have probable cause to believe that a traffic violation has occurred.  Failure to wear a properly adjusted and fastened seat belt can be enough.

During any stop, the driver and passengers may be ordered out of the vehicle and questioned without violating the fourth amendment. Any questions need not be related to the purpose of the traffic stop as long as those questions do not prolong the stop.  Police may also frisk everyone to insure there are no weapons. If the stop is prolonged, police then must have a reasonable articulable suspicion of wrongdoing to continue holding you.

If you have been charged with a traffic or criminal offense, contact an experienced attorney immediately. An attorney can review your case for its best possible defense.  Did the police have probable cause to arrest you?  If not, an attorney may be able to petition the court to suppress evidence resulting from the stop.  In rare cases, this could result in dismissing the charges against you.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email  matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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