Has anyone ever beaten a traffic infraction? When contested?

Question

My husband and I were on our way back from 250 miles away when we were pulled over my child was in my lap asleep. She had crying quite loudly for over two hours. She was not sick but overly tired. She just couldnt get comfortable in her carseat. I took her out so I could get her to go to sleep and then I was going to put her right back in. I tried to explain the crying was getting to the driver. No understanding cop. He gave us a whopping ticket. Should I fight it and hope I get and understanding judge?

I deserve the insults, but honestly you would put up with crying on a four hour trip, the entire trip. People risk their lives everyday just walking across the street. The crying does get to a person.

What about the danger of the child crying loudly and distracting the driver?

Answer 1

I always answer without reading the others comments, so I don't know what the other insults may say. Yes, I have beaten a traffic citation. I was speeding. I dressed up in my Sunday best, took my two year old daughter in her Sunday best and sat her in my lap, so she was between me and the judge, and told him I was just in a hurry home with my groceries. I took the lecture about the safety of my beautiful daughter, who I had endangered, and he dismissed the ticket. It was my first and only.

As to what I can imagine you got for holding a child, yes, that was endangering the child, too. However, I have been on those long trips with a screaming baby, too. It's a tough situation. Perhaps you could beat it, perhaps not. If your record is clean, you might get a reduction in fines, but if the court is far away, you may spend more in gas to find out.

Know this, you are NOT a bad parent. Any parent who's ever traveled understands. Maybe next time, you might plan more breaks, but that might not help either. The best cure is time. The child will grow out of it, and you will survive.

Answer 2

I wouldn't advise that you don't try fighting the ticket because then you will have to pay court costs also.

You broke the law by not keeping your child in a restraint, so just pay the fine, and hope that you learned your lesson.

If you were really concerned about the baby crying, and distracting the driver, you could have urged the driver to simply pull over and comfort the baby until he or she stopped crying and then quietly put the baby back in the restraint and continue your trip.

So, there is no excuse.

Do you know how quickly a baby can fly right through the windshield if the driver has to step on the brakes quickly?

Perhaps, you should be thanking that police officer, and those who passed this law, for saving your baby's life.

.

Answer 3

Child restraint laws are strict liability. Your child is not restrained, you are guilty of the offense. Cops see unrestrained children die all of the time. I am a prosecutor- and go to death scenes - including an infant who died after being crushed by an airbag while riding unrestrained on the passenger's lap. Oh, by the way, it was on Christmas day. So, don't expect sympathy.

That said, you might get the judge to waive at least some of the fine - just don't go in with an attitude - you can explain the situation, indicate you will comply with the law in the future, and apologize. And then - comply!

Answer 4

Children car seats are there for a reason - unless your child is dieing - you do NOT remove them!!! Hopefully this 'whopping' ticket will teach you a lesson.
By removing the child and placing her on your lap - you have taught her it's ok to break the law just because.................
Do NOT expect the judge to be understanding! A law is a law and it's a law for your and your child's protection.
What in the world do you think could have happened if, while having the child on your lap, you were in an accident....... the child could have gone right through the windshield and died!
Do NOT ever take chances with your children and do NOT disobey the laws!

Answer 5

This is a strict liability offense. That means that there is no excuse that will excuse your liability. So there is no possible way that you could say anything that would get you out of this ticket.
As to your argument that the crying was a distraction, I have to ask why you didn't just pull over the car. There was no excuse to risk your babies life by taking him out of the car seat. I don't mean this in the sense that I am morally judging your actions, I mean this in that you will not be able to excuse yourself from this violation. Any excuse you make would be countered with the question as to why you didn't pull over before taking the baby out.

Answer 6

He was right to ticket you for having the child not in a car seat. You risked the child's life and should be glad you were pulled over by the police officer. Pay the ticket. What you did was wrong.

And yes, I have been in a car with a crying child before (many times, as I have two children) and guess what? They can keep crying until I can get where I need to be.

Answer 7

I can assure you that I would not accept your case at any price.

You should have pulled over, period.

I once came upon a minor fender-bender in which a woman rear-ended a car while holding her infant on her lap. The baby was killed.

Do you not realize how delicate babies are? I hope that judge sentences you both to a year with Child Protective Services.

Answer 8

Seems to me a crying (loudly) child could pose quite a distraction for the driver of the car. It may be that in the interest of safety you were trying to calm the child so the driver could better concentrate on the task of driving. While you technically violated the law, in the bigger picture you were pursuing a safer course. Point out that you didn't get ticketed for no car seat; you may even want to take pics of properly anchored car seat, although it would be after the fact. Anyway, I'd go at it from an overall safety aspect.

Answer 9

I have been a cop for 18 years, and a paramedic for 25, and until you pick up the lifeless body of some child, which acted like an airbag for their parent in a car wreck, you cant possibly know how much it hurts us to see a child not properly restrained.

That child doesn't have a choice, its up to mom and dad to take care of it, feed it, bath it, dress it and such. That includes protecting that child in the event of an accident, which can happen in a split second and no, you cant hold or control your child in a wreck.

The last child I had was 18 months old and mom was driving and holding the child. Moms body crushed the baby between her and the steering wheel.

Could you live with that????

Answer 10

First plead no longer accountable once you mail interior the value ticket (until they already set a courtroom date). maximum in all threat you will meet w/ a city or states atty 1st, often the officer isn't there, the city or states atty's purpose is to settle the problem w/o contesting it in courtroom. a million) do no longer advance the officers suspicion of alcohol! in case you do they're going to assume that alcohol replaced into by some ability in touch. 2) truly of asserting anybody replaced into rushing say you have been basically protecting up with site visitors and experience effective you weren't rushing. 3) Be superb, they have extensive discretion and in case you're contentious they're going to hold over your case for trial. on the different hand in case you're superb they're going to oftentimes shrink or push aside the summons and high quality. This has worked for me thrice.