Best Way to Go with a Child Restraint Ticket

A correctable citation is cop language for a fix it ticket. Those are issued when there is something wrong physically with your car, non-working brake lights for example, and you can get it fixed, have a policeman sign off on it, and it's over. Your ticket is more serious as you put your sister in danger by not insuring that her seat belt was properly fastened. The only way to get it reduced would be to go to traffic Court at the appointed time and place and hope the judge is making deals. Many do. Traffic school, if it were an alternative, requires that you pay the ticket and the school so I assume your poverty makes that not an option.

First, let me state that I am a Traffic Ticket Attorney in Texas and make no claims to know the laws in your state. I will answer your question, as if your case arose in Texas, but I strongly encourage you to ask an attorney in the jurisdiction were the case is pending. It sound like you want to plea not guilty and have a trial. I would just ask you to reflect on a few questions: 1. Have you read the actual statute that you are being charged with violating? 2. If yes, do you have a clear understanding of what the prosecutor will be required to prove to win his/her case? 3. Are you aware of any legal defenses to your case? 4. Have you thought about what witnesses to call on your behalf? 5. Have you thought about the relevant questions you will ask them, that will aid your defense? 6. Have you thought about the witnesses the State will call against you? 7. And if so, is it better for you to question them or just pass the witness and ask nothing? There are many many more questions you need to think about. I would strongly encourge you to be honest with yourself. ARE YOU QUALIFIED TO REPRESENT YOURSELF? Most people are not. It is the rare non-attorney that can. Frankly, most good lawyers cannot even represent themselves well. My best advise if you want to go to trial: hire an attorney that practices in the court your case will be heard and that works primarily with traffic tickets. If you have found my answer helpful, please give me a thumbs up. I would never advise you to just pay it as it may harm your driving record or cost you more money than may be necessary.

This citation is not a fix-it ticket. The only way you can get the fine reduced is to appear in court and ask the judge for a reduction, or waiver of the fine and ask to be sent to a a community education program regarding the use of child restraints. 27360 (d) states: (d) (1) (A) A first offense under this section is punishable by a fine of one hundred dollars ($100), 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 a child passenger restraint system 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.

Mr. Kaman and Mr. Roberts are both correct. They are California lawyers, familiar with the procedures in California courts. Consumers on should always note whether an attorney is licensed to practice in their state. Unfortunately, some irresponsible lawyers, like John Francis Byno IV, "spam" with answers to questions they should not have answered in the first place, in an effort to increase their visibility. This sort of spamming is a violation of terms of service, and reduces the credibility of the site. I have reported Mr. Byno's activity to customer service. I would strongly encourage Mr. Byno to take his own advice, be honest with himself, and ask, "ARE YOU QUALIFIED TO ANSWER THIS QUESTION?" before answering another question about California law "as if it arose in Texas." State laws vary widely, and he might as well have answered your question "as if it arose in Peru." A resonsible California lawyer would NEVER try to answer questions about handling a ticket in Texas. Asking for a "thumbs up" for his worthless advice just adds further insult to injury. By the way, I did not receive any points for this answer, and it will not improve my ranking on the "leader board." I just think it's my professional responsibility to warn legal consumers when they are being misled.