Seat Belt Violation | West Virginia Offense | Reasonable Suspicion

Here at DUINewsBlog.org, The Wagner Law Firm, West Virginia’s premier DUI defense firm owned and operated by West Virginia DUI Defense Attorney Harley Wagner, continually strives to provide the most current and useful driving under the influence information as it relates to our fellow citizens, and that of our state and federal governments continual overzealous prosecution thereof.

The Wagner Law Firm’s most current DUI news blog centers upon a new WV seatbelt law that is scheduled to take effect September 1, 2013, and therein provides law enforcement with yet another lawful reason, in a long line of such lawful reasons, for pulling a citizen’s vehicle over and therein subjecting the citizen to a potential arrest for DUI.

Specifically, and per 17C-15-49 of the West Virginia Code effective September 1, 2013, anyone who drives a motor vehicle in the state of West Virginia, including any and all passengers, shall be required to maintain a restrained safety belt, or child passenger safety device system that meets applicable federal motor vehicle safety standards.

While a violation of this code section comes with it but a $25,00 fine and no points assessed to the citizen’s license, it does come with yet another lawful justification for law enforcement throughout the state of West Virginia to use said violation as a means to pull your vehicle over for citation issuance, and from there the potential for a DUI arrest.

Texting and handheld cell phone use are two other big areas of current law enforcement attention and focus as a lawful means by which to be able to pull a vehicle over, particularly from the 8-9:00 pm through 3-4:00 am hours, Thursday through Sunday of any given week.

Note that these time frames and period of each week are generally thought of as the period in which the majority of DUI arrests occur in this country.

So, the lesson that needs be taken from The Wagner Law Firm, June 16, 2013 DUINewsBlog.org post, is to make sure that you and every one of your passengers is wearing his or her seat belt, or child approved safety restraint, prior to driving your car.

And further, to make sure that you do not text or hold your cell phone while driving. Failure to adhere to these cautions subjects you to being pulled over and cited by law enforcement, and that of the potential for arrest for driving under the influence of alcohol or drugs.

Drive smart! Wear your seat belt. Do not text while driving. Do not hold your cell phone while driving. Do not give law enforcement a reason to stop you.

Any information given in these web pages does not constitute legal advice or establish an attorney-client relationship with West Virginia DUI lawyer Harley Wagner or with The Wagner Law Firm. This legal web site is intended solely for marketing and advertising purposes. The information contained on this site is meant to provide you with an overview of the representation our law firm offers. Plus, Mr. Wagner tries to supply you with useful information and legal guides for your edification.

The information contained on these pages should not be used as a substitute for speaking with a DUI attorney in WV about your criminal defense issues and is not meant to comprehensively address your specific legal issues, which will be different in every case.

Much like having a medical condition, unique situations require a unique diagnosis and treatment. DUI lawyers near me have varying levels of experience in DUI defense. Therefore, always compare legal services and then consult a West Virginia attorney for legal advice regarding your specific matter.

Harley Wagner Avatar

Harley Wagner

Attorney Thomas M. Cooley School of Law, National College for DUI Defense, West Virginia State Bar

Harley has represented over 3,000 citizens throughout West Virginia. He is the author of West Virginia DUI Defense, The Law and Practice, which is the go to handbook for many magistrates, judges, defense attorneys, prosecutors, and law enforcement throughout West Virginia. has been selected for inclusion in West Virginia Super Lawyers® eight times.

He maintains an AV Preeminent® Rating by with Martindale-Hubbell®, an Avvo Rating of 10.0, and an excellent annual rating from the Better Business Bureau.

Harley is also the past president of the national DUI Defense Lawyers Association (2020-2021) which he was Charter Member and founder of in 2014

Areas of Expertise: DUI Defense, Aggravated DUI, Alternative Sentencing, Boating Under the Influence, Commercial License DUI, DMV Hearings, DUI Drugs, DUI with Injury, DUI Causing Death, Out-of-State Resident DUI, DUI Immigration Consequences, DUI with Minor in Vehicle, DUI Child Endangerment, Fleeing a DUI, Felony DUI, Permitting DUI, Underage DUI, Multiple DUI, First-Offense DUI, Second-Offense DUI, Third-Offense DUI, DUI Testing, Field Sobriety Tests, Breathalyzer, Blood Testing, DUI Info Center, College Student DUI, DUI Checkpoints, DUI Court Dates, DUI Deferral Program, Implied Consent, Test & Lock Program, FAQ, DUI Penalties, Administrative License Revocation, Ignition Interlock Device, License Suspension