Police can fine passengers in Florida for not wearing a seat belt or having an open alcohol container. While more serious actions like resisting an officer may result in misdemeanor charges, these are typically noncriminal offenses that carry fines. Passenger laws have changed over time to make the state safer and cut down on deaths caused by alcohol and not wearing a seat belt.
While the driver is largely the one responsible for following traffic laws in Florida, that doesn’t mean passengers are immune from getting a traffic violation. Back in the 1970s and 80s, the National Highway Traffic Safety Administration realized that over half of car crash deaths involved passengers not wearing a seatbelt.
Over the next decade, state laws started to change, requiring that passengers wear seatbelts at all times. According to the Florida Department of Highway Safety and Motor Vehicles, in 1986, traffic laws in Florida changed accordingly.
Origins of Seat Belt Laws in the United States
Rising fatalities in highway collisions prompted research from the federal government, which confirmed that seat belt use was strongly correlated with crash survival rates
In 1984, New York became the first state to legally mandate seat belt use for passengers in the front seat. Two years later, Florida passed its own seat belt law. Initially, passenger fines would only be issued through secondary enforcement, meaning that a passenger could only get a citation for not wearing a seat belt if another violation had occurred first to justify the traffic stop.
Florida’s Shift to Primary Enforcement
For example, if a highway patrol officer in Florida pulled over a vehicle for speeding and found that the passenger was not wearing a seat belt, they could issue a fine to both the driver for speeding and to the passenger for the seat belt violation. However, if the police pulled over the vehicle purely based on observing an unbelted passenger, that wouldn’t be a legally permissible stop.
But these rules no longer apply.
In 2009, Florida upgraded the violation to one that allows primary enforcement. This change meant that police now have the power to pull you over and issue a citation purely because they observed a seat belt violation. To this day, Florida statute 316.614 remains the law.
According to NHTSA data, after the change, statewide seat belt usage now stands at over 85 percent. While initially there was strong public resistance to these laws based on personal freedom, these days most people see the logic in requiring people to wear life-saving seat belts when driving or traveling by car.
When Passengers Could Legally Drink in Cars
There are also Florida traffic penalties for passengers in possession of an open container of alcohol. These laws apply even if you’re not driving the vehicle.
Early state laws in Florida only targeted drunk driving, allowing the possession of alcohol in vehicles. However, in the 1970s, high crash rates were found to be linked with alcohol, leading to a growing call for stricter laws regarding alcohol and driving over the next couple of decades.
In 1998, the TEA 21 Restoration Act required states to ban having an open container in either the driver’s seat or the passenger seat. This federal law threatened to cut highway funds for states that didn’t change their legal advice for passengers accordingly. As a result, in the following year, Florida adopted an open container statute. Any passenger who has an open container commits a non-moving violation, which is punishable through passenger fines.
In some specific situations, there may be an exemption. For example, in limousines, passengers may legally consume alcohol. But, in most cases, having an open container in a vehicle is a bad move.
Frequently Asked Questions
What Type of Crime Is a Violation in Florida?
Traffic violations in Florida are generally noncriminal offenses. They fall into two main categories:
- Moving violations: These violations involve unsafe driving behavior, such as speeding or running a red light, and result in fines and points on the driver’s license.
- Nonmoving violations: These include administrative or equipment-related issues, such as seat belt or open container infractions; they carry fines but no points.
Only certain serious actions, like reckless driving or driving under the influence (DUI), are classified as criminal traffic offenses, which can lead to arrest or license suspension.
What is Passenger Interference in Florida?
Passengers in Florida can face penalties for interfering with either the driver or law enforcement officers. Under Florida Statute 843.02, it is a misdemeanor to resist, obstruct, or oppose an officer in the lawful execution of their duties without violence. This can include refusing to provide identification during a lawful traffic stop.
Passengers who obstruct the driver’s view or cause unsafe vehicle operation, such as by blocking mirrors or distracting the driver, can also be cited under Florida Statute 316.2004. Depending on the circumstances, these violations may lead to fines or, in more serious cases, criminal charges.
When Do I Need a Lawyer
You may need a lawyer for a serious traffic case because criminal traffic offenses in Florida, such as DUI or reckless driving, can lead to:
- Jail time
- License suspension
- A permanent record
An attorney helps protect your rights, challenge evidence, and negotiate reduced charges or penalties. If you’re facing a serious traffic violation charge, you risk losing your license. Such a decision could have a huge impact on your ability to live and work.
By working with a lawyer, you ensure you’ll get the best outcome for your case.
Need Legal Help After a Traffic Violation?
Understanding Florida’s passenger and traffic laws helps prevent costly fines and legal trouble after a traffic violation. While most violations are minor, serious offenses can carry lasting consequences. Staying informed and compliant protects both drivers and passengers, keeping everyone safer on Florida’s roads.
If you’ve been cited or charged under Florida’s open container or passenger laws, RHINO Lawyers can help. Our legal team has decades of experience guiding clients through traffic-related cases and will fight to protect your record and your rights. Contact us today and let’s discuss the specifics of your case.
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