ANSWERS: 3
  • No. According to the Indiana Legislative Services Agency - IC 9-19-10-3.1 Stopping, inspecting, or detaining vehicle; checkpoints Sec. 3.1. (a) Except as provided in subsection (b), a vehicle may be stopped to determine compliance with this chapter. However, a vehicle, the contents of a vehicle, the driver of a vehicle, or a passenger in a vehicle may not be inspected, searched, or detained solely because of a violation of this chapter. (b) A law enforcement agency may not use a safety belt checkpoint to detect and issue a citation for a person's failure to comply with this chapter. http://www.ai.org/legislative/ic/code/title9/ar19/ch10.html
  • YES. Gmeades cited the correct law, but he misread it. Sec. 3.1. (a) states, in relevant part, "a vehicle MAY be stopped to determine compliance with this chapter." [emphasis added] The exception to this is provided in section (b), which states that police cannot setup a checkpoint to enforce the law. Thus, if a cop sees you without a seat belt, he can pull you over. But he cannot stop every car on a street to check for compliance.
  • Not for the seat belt infraction alone. But I am sure the officer will happily add additional charges if you want to contest it. And they can be added later in the courtroom.

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