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Ticket because they said my son was not in the right seat

Pasadena, TX |

I got a ticket for my son cause they said he was not in the wright car seat.. My son is big for his age,, He 4 years old weigh about 65 pounds and he about 43 inches tall i had him in a booster... I want to no if a booster seat is wright for him because on the booster seat it say for age one and up and the weight is from 35 to 100 pounds.. I also got one for my boyfriends brother he is 16 riding in the back seat but he didnt have his seat belt on was that ticket wright to?

Attorney Answers 3


  1. First of all, I can only answer for California, but I would tell you that all people in the vehicle must be restrained for safety no matter what state you are traveling. Secondly, a cop writes a ticket and the cop is NOT the final word - the judge is the final word.

    Take the cop to trial and fight - you surly can find a traffic ticket specialist in Texas - get the www.nolo.com book on fighting traffic tickets! Go for it!

    j


  2. Texas DPS has been pushing their new "Click it or ticket" campaign on billboards, TV and radio ads all this month since school is officially not in session. Everyone riding in an automobile in the State of Texas must have the safety restraint properly clasped. If the passenger is a child.
    § 545.412. CHILD[0] PASSENGER SAFETY SEAT[0] SYSTEMS;
    OFFENSE. (a) A person commits an offense if the person operates a
    passenger vehicle, transports a child[0] who is younger than five
    years of age and less than 36 inches in height, and does not keep the
    child[0] secured during the operation of the vehicle in a child[0]
    passenger safety seat[0] system according to the instructions of the
    manufacturer of the safety seat[0] system.
    (b) An offense under this section is a misdemeanor
    punishable by a fine of not less than $100 or more than $200.
    (c) It is a defense to prosecution under this section that
    the person was operating the vehicle in an emergency or for a law
    enforcement purpose.


  3. This is another one of those cases where the details matter. The law requires the child to be properly restrained - the question here becomes what is proper? You need to look at the details of the safety seat, how the safety seat was installed, and whether or not the child was properly secured within the safety seat. It sounds like you have decent facts for fighting this one...However, the 16 year old in the back seat could be a problem. Again, something that can be fact specific.

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