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Car Insurance Question  I just got a ticket violating code 27360.5a in California for not having my 11 year son wearing a seat belt. Second offense and I was told that because this is my second offense I will have to pay $996. I already waived my rights. But I was not told clearly what was going on only that this is because this ticket is my 2nd offense? What can I do or am I stuck with a bill of $1001 for choosing the payment method.

Section 27360.5 of the California Vehicle Code is titled - Child Passenger Restraint System: Safety Belts: Requirements: Fines

Here under subsection (a), which is what you were cited for, it states that 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.

Subsection (c) (1) it in part states that a first offense under this section is punishable by a fine of one hundred dollars ($100). Part (2) states that a second or subsequent offense under this section is punishable by a fine of two hundred fifty dollars ($250), no part of which may be waived by the court, except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged, and the court, instead refers the defendant to a community education program that includes, but is not limited to, education on the proper installation and use of child passenger restraint systems for children of all ages, and provides certification to the court of completion of that program. Upon completion of the program, the defendant shall provide proof of participation in the program.

If an education program on the proper installation and use of a child passenger restraint system is not available within 50 miles of the residence of the defendant, the requirement to participate in that program shall be waived. If the fine is paid, waived, or reduced, the court shall report the conviction to the department pursuant to Section 1803.

The court may at its discretion, require any defendant described under this section to attend an education program that includes demonstration of proper installation and use of child passenger restraint systems and provides certification to the court that the defendant has presented for inspection a child passenger restraint system that meets applicable federal safety standards.

According to the CA Uniform Bail and Penalties Schedule for 2007, the usual fine for this child safety belt offense is $380 however the jurisdiction in which you received the ticket can add on more court costs, etc. Since the base fine for a second offense goes starts at $250, compare to $100 for a first offense, that plus the court costs and other fees the jurisdiction in which you were cited must make up the very high amount of your fine.

You should discuss with the court listed on your ticket if you must pay the fine or if you have other options, such as the education program that the California vehicle code lists.

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This car insurance question was asked on 10/14/2007
This auto insurance answer was last updated on 10/17/2007
Lpadilla requested this car insurance solution.
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