We were pulled over after dinner with our nieces and ticketed for one of them not being in a car seat. However, she is over the 60 lbs weight limit. How should I fight this ticket? This is in California, btw.
2007-01-23 14:54:42 · 9 answers · asked by soho_swimming 1 in Politics & Government ➔ Law Enforcement & Police
here is the California Vehicle Code (she weighs well over 60 lbs, but is under 6 years old).
2007-01-23 15:25:19 · update #1
27360.5. (a) No parent or legal guardian, when present in a motor vehicle, as defined in Section 27315, may permit his or her child or ward who is six years of age or older, but less than 16 years of age, or who is less than six years of age and weighs 60 pounds or more to be transported upon a highway in the motor vehicle without properly securing the child or ward in an appropriate child passenger restraint system or safety belt meeting applicable federal motor vehicle safety standards.
2007-01-23 15:25:33 · update #2
You're fighting a losing battle if you take this one to court. The child must be in a safety or booster seat if she is UNDER SIX YEARS OLD or UNDER SIXTY POUNDS. She does not have to be both under six years old and under sixty pounds to need to be in a safety seat, only one or the other. Here is the text copied from the law you pasted into your question that matters.
"No parent or legal guardian, when present in a motor vehicle, as defined in Section 27315, may permit his or her child or ward...or who is less than six years of age and weighs 60 pounds or more (THIS IS THE PART THAT APPLIES TO YOUR DAUGHTER WHO IS LESS THAN SIX YEARS OF AGE BUT OVER 60 POUNDS)" to ride unrestrained.
Although your child is over sixty pounds she is still under six years old and is still required to be in an approved safety seat.
2007-01-23 17:03:00 · answer #1 · answered by James P 4 · 0⤊ 0⤋
Actually, you CAN figh the ticket, and very possibly win. It's going to take a LOT of preparation, research, and some quick study of courtroom procedure. And you'd better have the correct defense because constitutionality of seatbelt laws has been long upheld on appeals. Unfortunately, you already forfeited a lot of your defense when you failed to muzzle yourself. The whole idea of winning against the cops in a courtroom is to make yourself UN-memorable. Harder for them to testify about what they can't remember. But you made SURE they'll remember YOU. In this case, I don't think you have the patience or temperament to even have a shot at winning, so it's fortunate that most states don't assess points for seatbelt violations. It means that your insurance won't go up, and it won't count against your license when you rack up ofther tickets. Pay the ticket and consider it an expensive lesson on how to maintain a governor on your mouth. Class Act: the ability to tell people to go to hell in such a way that they thank you for the suggestion. Most people don't got it.
2016-05-24 02:56:05 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Take her to a doctors office (no appointment necessary) and have her weighed immediately. Have the nurse sign a statement that this was her weight. The nurse can be called as a witness.
If her weight is questionable (in regard to the law in California) have her eat salty high fat foods and drink lots of water before having her weighed but the best advice is to have her weighed quickly.
If the Judge still wants to proceed, call for a jury trial.
2007-01-23 15:09:20 · answer #3 · answered by Anonymous · 1⤊ 0⤋
no where did you say the childs age and im only making a guess but you cant use the over 60 lbs thing if you have a fat kid
the 60 6 years is a either or thing under car seat under 60 car seat either conditions apply even if one of the other is over
2007-01-23 16:47:32 · answer #4 · answered by keefer_monster 2 · 0⤊ 0⤋
Is she over 4'9" because if she isn't you can't use that as your leverage. I know in Michigan its four feet nine inches or over for no booster seat is it the same in California. I thought they got rid of the law for weight and changed it to height I would check into that and see if you can use that as your leverage to get you out of the hole. Good luck I hope that works for you
2007-01-23 15:20:00 · answer #5 · answered by ? 5 · 0⤊ 0⤋
citicop is right but I believe some states also have a height requirement as well. Does California?
2007-01-23 15:02:46 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Bring her in and let the judge weigh her.
It shouldn't be hard to prove...
2007-01-23 14:59:49 · answer #7 · answered by Citicop 7 · 0⤊ 1⤋
Frankly.........you will lose.
Sorry, just pay the ticket.
2007-01-23 16:02:44 · answer #8 · answered by Anonymous · 0⤊ 0⤋
just pay the damn ticket!!!
2007-01-23 15:18:36 · answer #9 · answered by chewbaccafuzzball 2 · 0⤊ 0⤋