I was driving in the 710 the officer pulled me over for no reason of my own and looked in my car and said my daughter should be in a car seat but she is too big for a car seat
Based on your explanation, you were cited under California Vehicle Code Section 27363.
Children who are 8 years of age OR have reached 4’9” in height may be secured by a booster seat, but at a minimum must be secured by a safety belt. (California Vehicle Code Section 27363.
As far as fighting this ticket, I would suggest either hiring an attorney specializing in the vehicle code, like this one linked below.
I am not associated with this firm but one like this should be able to help.
Hope this helps
I f you can prove that your daughter is 8 or older, or is at least 4'9" tall, you can beat the ticket. Otherwise, you are going to pay.
Children under 2 years of age shall ride in a rear-facing car seat unless the child weighs 40 or more pounds OR is 40 or more inches tall. The child shall be secured in a manner that complies with the height and weight limits specified by the manufacturer of the car seat. (California Vehicle Code Section 27360.)
Children under the age of 8 must be secured in a car seat or booster seat in the back seat.
Children who are 8 years of age OR have reached 4’9” in height may be secured by a booster seat, but at a minimum must be secured by a safety belt. (California Vehicle Code Section 27363.)
Passengers who are 16 years of age and over are subject to California's Mandatory Seat Belt law.
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The local CHP probably has a class or will show you how properly put the child seatin AND give you a certificate. That usually satisfies the court and officer at trial.
ANDREW ROBERTS CRIMINAL, DUI AND TRAFFIC TICKET DEFENSE ATTORNEY- 40 YEARS EXPERIENCE
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