While it is obviously important to keep your child in a seat belt while driving to keep them safe, it is also required by law. If you are stopped for a traffic violation and it is determined that a child riding in the vehicle is not properly restrained, you can be cited for having no seat belt on a child. If you are being charged with this violation and you wish to argue against it in court, contact the office of David Galison today to discuss your case.
The proper method of restraining a child depends on the age of the child in question. If the child is age three or younger, you need to use a child restraint system (such as a car seat). For any child age seven or under, an adult restraint system must be used.
Failure to meet these requirements will result in a citation. If you are convicted of the charge, you will have three points added to your driving record and face a fine of around $100. There are some possible defenses against these charges, such as the child removing the seat belt during the traffic stop, or no seat belts being available. Using these defenses may be able to get your charge reduced or thrown out.
Contact our office at 516-242-4477 for a free consultation today. Our staff would be happy to speak with you and discuss options for defending yourself against this charge.