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337.27 TRAFFIC CODE 76B <br />(d) Notwithstanding any provision of law to the contrary, no law enforcement officer <br />shall cause an operator of an automobile being operated on any street ar highway to stop <br />the automobile for the sole purpose of determining whether a violation of subsection (b) <br />hereof has been or is being committed or for the sole purpose of issuing a ticket, citation <br />or summons for such a violation or for causing the arrest of or commencing a prosecution <br />of a person for such violation, and no law enforcement officer shall view the interior or <br />visually inspect any automobile being operated on any street or highway for the sole purpose <br />of determining whether such a violation has been or is being committed. <br />(e) All fines collected for violations of subsection (b) hereof shall be forwarded to the <br />Treasurer of State for deposit in the Seat Belt Education Fund. <br />(f) A .court in which a charge against a person for violation of subsection (b) <br />hereof is pending shall dismiss the charge, and shall waive any fine, if the person <br />proves to the court, by a preponderance of the evidence, that he, before the scheduled <br />court appearance indicated on the ticket, citation or summons issued to him, viewed <br />one of the films or videotapes prepared or acquired by the Department of Highway <br />Safety as part of its seat belt education program. In coordination with that program, <br />a court charged with enforcement of subsection (b) hereof shall advise persons charged <br />with a violation of subsection (b) hereof of opportunities for. viewing the films or <br />videotapes. A court in which a charge against a person for violation of subsection <br />(b) hereof is dismissed pursuant to this subsection (f) hereof, may impose court <br />costs against that person in an amount not to exceed fifteen dollars ($15..00). <br />A court in which a charge against a person for violation of subsection (b) hereof is <br />pending shall not dismiss the charge and shall impose the fine levied by subsection. (h) or <br />(i) hereof if either of the following applies: <br />(1) The defendant fails to appear at the scheduled court appearance and is <br />convicted of the offense; <br />(2) The defendant fails to prove by a preponderance of the evidence, that <br />he has viewed a seat belt education program film or videotape in accor- <br />dance with this section and is convicted of the offense. <br />(g) (1) Subject to subsection (g)(2) hereof, the failure of a person to wear all <br />of the available elements of a properly adjusted occupant restraining <br />device or to ensure that each passenger of an automobile being operated <br />by the person is wearing all of the available elements of such a device, <br />in violation of subsection (b) hereof, shall not be considered or used as <br />evidence of negligence or contributory negligence, shall not diminish <br />recovery for damages in any civil action involving the person arising <br />from the ownership, maintenance or operation of an automobile, shall not <br />be used as a basis for a criminal prosecution of the person other than a <br />prosecution for a violation of this section, and shall not be admissible as <br />evidence in any civil or criminal action involving the person other than a <br />prosecution for a violation of subsection~(b) hereof. <br />1988 Replacement <br />