I live in Texas and i would like to challenge a citation I recieved for leaving my 7 and 2 year old in the vehicle while i ran into the bank, I was in there less than 5 minutes. When I returned to the vehicle there was an officer at my vehicle and he gave me a citation. What are my legal rights?
2007-07-05 09:13:56 · 9 answers · asked by Ronald S 2 in Politics & Government ➔ Law & Ethics
Since your question is what are your leal rights:
You have the right to plead not guilty & to have the charge heard by a judge [no jury unless you can be jailed for the offense]. At trial, you have the right to have the officer testify & you get to question him. You have the right to hire an attorney but it will be at your expense [again, no furnished attorney unless you can be jailed AND you have no income sufficient to pay you own way]. The attorney can question the officer instead of you. You have the right to offer you own testimorny or to remain silent & not incriminate yourself. [good idea to stay silent and NOT tell the judge the same thing you said here - "I did leave the kids unattended but it was only 5 minutes." That is known in legal terms as a confession.]
Unless you can find some time limit in the code section, it looks like you're guilty. You can go to court but I do not see a good defense so it would not be good for you. Your best defense maybe prayer that the officer fails to show for trial so the judge has to dismiss the charge. Worst case scenario is the officer does show, the judge hears the testimony & amends the charge to TWO COUNTS since there were 2 kids in the car & they were both left unattended.
It maybe a wise decision to just pay the citation or go for traffic court to keep it off your record if available.
2007-07-05 09:36:31 · answer #1 · answered by XPig 3 · 2⤊ 0⤋
Let me answer that by telling you a story about a case I prosecuted in California some 26 years ago. A woman left her 21/2 year old daughter in her car and was at an ATM with her back to the car. In the time it took her to do an ATM transaction, a man pulled the kid out of the car and took off. The woman saw him running, but was unable to catch him.
Two weeks later, the baby's body was found in a creek near Malibu.
Not only should you forget about fighting the citation, you should be thankful that for five minutes, your children were being cared for by the police. Child abduction happen in the beat of a heart. Five minutes is an eternity to leave a child alone in a car.
2007-07-05 16:35:33 · answer #2 · answered by Toodeemo 7 · 4⤊ 0⤋
Have you stopped to think what could have happened in that "5 minutes" that you were gone?
You should thank your lucky stars that it was a police officer that you found at your car and not an empty car that you returned to.
I have raised 3 daughters and am now raising 2 of my grandchildren and I have never left them at that age in a car for any period of time.
My daughter took her three children to the doctor last week and after she had strapped her 3 year old in the car and had the baby in his seat, the 3 year old announced that she had left her purse in the doctor's office. My daughter got the two little ones and her 9 year old out and they all went back in to retrieve the purse. She wouldn't even let the 9 year old run in by himself.
If I were you, I would pay the citation and never leave children that age, alone in a vehicle again.
2007-07-05 16:26:07 · answer #3 · answered by nana4dakids 7 · 4⤊ 0⤋
Every year thousands of children disappear. If a child molester were to walk by your car that would be like holding a raw steak in front of a lion. It would be nice if you didn't have to think like that but to be a good parent you do. I am totally disgusted with this and angry that you didn't learn your lesson. I have 3 children and for NO reason have I EVER left them unattended. I think that the BIGGEST problem that our country is facing is LAZY parenting. You had them now raise them without "cutting corners". I know it's a hassle but aren't they worth it??????????
2007-07-05 18:31:26 · answer #4 · answered by Pdoodles 4 · 2⤊ 0⤋
No defense. Every day EMS responds to emergencies for kids in cars uattended. Temps inside a car can reach over 110 degrees. Not to mention that your car could be stolen in less than 1 minute. Pay the fine and learn from it
2007-07-05 16:20:42 · answer #5 · answered by Mark C 1 · 4⤊ 1⤋
you can challenge it all you want. But by your own admission you are guilty of leaving the children unattended in a vehicle. It matters not how long it was for, the law is very clear on the issue.
2007-07-05 16:18:37 · answer #6 · answered by hexeliebe 6 · 4⤊ 2⤋
You have none...its illegal to leave your children in a car unattended for any amount of time...so if 5 minutes is ok, how bout ten?, 15?, 20?, one day? week?
2007-07-05 16:17:05 · answer #7 · answered by Anonymous · 6⤊ 1⤋
None.
You are not allowed to leave children unattended in a car.......period.
2007-07-05 16:57:36 · answer #8 · answered by Anonymous · 3⤊ 0⤋
Are you honestly saying that you don't think you did anything wrong?
2007-07-05 19:57:52 · answer #9 · answered by Penguin_Bob 7 · 1⤊ 0⤋