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Car Insurance Question  I just received a ticket for my child not wearing a seat belt. When police stopped me he was wearing the seat belt but the officer said he already saw him without it so he went ahead and cited me for it. My child is 11 years of age and the ticket came out to be $966.00 is this possible or can I fight this? This is insane this happened in California.

It sounds as if your child was not wearing his seat belt but buckled up before the officer walked over to your vehicle. If this is the case it would be hard to fight the citation since your child was breaking the law by not wearing his safety belt until the officer stopped you.

The amount of $966 does sound outrageous if this is the cost of the fine for only a seat belt ticket. You may want to contact the court listed on the citation to make certain you have received correct information on the amount of this ticket since this does seem insanely high unless this is the amount for a seat belt ticket and other offenses that you were also written up for by the law enforcement officer.

You did not mention which portion of the California Vehicle Code you were cited under but a seat belt infraction usually falls under VC section 27315. Here it states under subsection (h) that notwithstanding subdivision (a) of Section 42001, any violation of subdivision (d), (e), or (f) is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense, and a fine of not more than fifty dollars ($50) for each subsequent offense. In lieu of the fine and any penalty assessment or court costs, the court, pursuant to Section 42005, may order that a person convicted of a first offense attend a school for traffic violators or any other court-approved program in which the proper use of safety belts is demonstrated.

So you may see if your citation allows you to take a traffic school class instead of the fine, assessment and court costs.

If a fine amount is due we found according to the CA Uniform bail schedule that the typically fine for a seat belt infraction cited under 27315 is around $76. Different court jurisdictions could tack on extra fees though.

Since January 1, 2004 the cost of a seat belt ticket has more than tripled, and generally from $76 to $89 on a first offense, depending upon the county. Legislation (AB 1625) from this time period allowed penalty assessments and court costs to be added on top of a base fine. In essence since 2004, what previously cost $22.50 on a first offense will now run more than three times that amount. Drivers will also face penalties if passengers are not safely buckled as you learned from the police officer.

If you were cited under a different portion of the California Vehicle Code you can search the laws here to see if it lists what the fine amount will be and also look at the Uniform Bail Schedule for CA.

You stated your child is 11 years old however keep the following in mind if you have children under the age of 6.Children who are required to be secured in safety seats (under 6 years old or weighing less than 60lbs) will have to ride in the rear seat of a passenger vehicle. There are several exemptions, including cases where:

• there are other children in the back seat
• a restraint system cannot properly be installed
• there is no rear seat
• the rear seat is rear-facing or side-facing

Infants less than one year of age or weighing less than 20 pounds must ride in the back, no exceptions, if there is an active passenger air bag in the front seat. A first offense is punishable by a fine of $100; second offenses will cost $250 (Vehicle Code: section 27360.5).

For more information on your citation and fines again contact the court listed on your ticket and you may also try contacting the CA DMV.

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Question Details
This car insurance question was asked on 10/8/2007
This auto insurance answer was last updated on 10/10/2007
Lpadilla requested this car insurance solution.
Rated 10 out of 10 based on 1 vote.
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