Is safety belt citation a "moving" traffic violation?

Asked over 1 year ago - Plano, TX

I received a deferred disposition of a traffic ticket from the Murphy PD. The deferral period is July 9, 2012 until October 7, 2012. The condition reads:

Receipt of citation or conviction may cause this violation to be reported as a conviction.

{XX} any moving traffic violation incurred in the State of Texas during the above stated deferral period.

I got another citation on August 17, 2012. The officer verbally told me my child was not in seat belt, but he put on the ticket saying "no child passenger safety seat" (instead of safety belt).

1) Is the safety belt citation a "moving" traffic violation?
2) Is "no safety seat" the same as "no safety belt"?
3) My child did have belt on. Can she be a witness at the court? She is 5.
4) Will they suspend my driver license?

Thanks.

Attorney answers (2)

  1. Monetta Elaine Burgess

    Contributor Level 11

    2

    Lawyers agree

    Answered . You should contact an attorney in your area to represent you on the second citation. The attorney should be able to reset your case until after October 7, 2012, thus preventing you from receiving another conviction during the deferred period.

    You and your child may appear at trial to testify that she was wearing a safety belt, however it will be your word against the officers. In that situation, 9 times out of 10 the court will agree with the officer and you will be convicted of the citation and have points assessed on your license.

    You have a number of valid questions, please consult an attorney who handles traffic tickets in your area. Most will provide a free initial consultation and advise you of the best path to take.

    Good Luck!

    The Coquat Law Firm is based in San Antonio, Texas and answers questions on AVVO.com for general information... more
  2. Michael Curtis Greenberg

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Once again, Ms. Burgess provides a solid response to a question posed by a member of the Avvo legal community.

    No attorney/client relationship is formed between the attorney responding to this question and the individual... more

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