A Breakdown of the West Virginia Child Seatbelt Laws
The West Virginia state government takes child passenger safety seriously. If you are driving a child on the state’s roadways, there are laws that you need to obey. Violating them can lead to child seatbelt tickets. Depending on the level of offense, you may even end up in court.
This guide will help you understand the West Virginia child seatbelt laws and the consequences of violating them. If you have been issued a seatbelt ticket, we will show you how to get it dismissed effortlessly with DoNotPay.
Child passenger laws in West Virginia are primary enforcement laws. If officers suspect that you haven’t buckled your child correctly, they can pull you over and issue a citation without any other traffic violations.
Below is the overview of the West Virginia child seatbelt laws:
|Child’s Age||Child Passenger Laws|
|Under eight years||The child must be properly restrained in federally-approved child safety seats, including car booster seats|
|Eight to 18 years||Minors of this age can be secured using the regular car safety belt|
|Under eight years, but with a height of four feet and nine inches||A child passenger can be allowed to use the standard safety belt in this case|
The state also recommends the following:
- Children under the age of two should use rear-facing safety seats
- A rear-facing child car seat should not be secured in the front passenger seat of a vehicle with an active airbag
- Children can ride facing forward in a five-point harness starting at the age of two
- A booster seat can be used when the child is around four years old and weighs about 40 pounds
- Booster seats should be used until the child reaches the age of eight or is at least four feet and nine inches tall
- Children should ride in the rear seat until they are 13 years old
Like in many states, the driver is responsible for ensuring that any child passenger is properly secured and in the correct restraint system. In hired cars, the driver is exempt from this law. Violating the West Virginia child seatbelt laws means you are guilty of a misdemeanor, and you can be fined from $10 to $20 if convicted.
WV's Department of Motor Vehicles (DMV) uses a driving record point system. Currently, you cannot get demerit points for seatbelt tickets in this state.
|California||New Jersey||New York State|
If you fail to appear in court or don’t pay a seatbelt ticket, the court informs the Department of Motor Vehicles. The DMV suspends your driving license until you provide evidence of obeying the citation and paying all applicable fines.
Always check the ticket with great care to determine the amount, deadlines, and possible penalties to avoid license suspensions.
Drafting a good argument to beat a seatbelt ticket is not easy if you are doing it on your own. If you’d like to give it a try, use these tips:
- Argue based on reasonable doubt—This means that you had secured the child correctly and that the ticket was a mistake. Only use this method when the officer doesn’t pull you over to confirm
- Show due diligence—This works if you hadn’t secured the child and you have valid reasons, for instance:
- An emergency situation
- Child’s medical condition
- Your child’s size
To give yourself better chances of a successful ticket dispute, use a proven system. DoNotPay contests traffic tickets regularly, and we know what works.
Fighting your seatbelt ticket can help you avoid:
- Court appearances
- License suspension
- Increased insurance premiums
- Other penalties
The trick to getting a ticket dismissed is to present a good argument. This can be a headache if you aren’t used to it, but that’s why we are here. We can generate a custom appeal letter and send it to the relevant authorities for you in a few minutes. Here is how our process works:
- Subscribe to DoNotPay and search for Seatbelt Ticket
- Tell us the kind of argument you prefer—you actually had secured the child or had a valid reason for not using a restraint system
- Give us more information and upload a photo of your ticket
We will take it from there and hopefully get your seatbelt ticket dismissed.
Don’t risk a seatbelt ticket when traveling—check out our guides on general seatbelt laws in other states:
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