Hello All-

My hubby was out in our 2010 JCW Convertible, with my 7 yr old in the back seat, and a cop pulled up next to him and ticketed him. The cop told my hubby that the "seat belt is in a really good position on your son", but ticketed him anyway, because he's not 8 yrs old or 4'9". (My son is 4'7")

We want to fight this, because if we put him in a booster, the seat belt doesn't sit in the proper position- it comes across the side of his shoulder, thus allowing for him to potentially slip out of it in a crash.

I'm NOT an advocate of pushing kids out of a car/booster set early- he uses one in the back of our Honda Odyssey, and will continue to do so until it's safe for him to stop using it- even if he's past the TX state requirements.

It's a $200 fine and automatically goes on my hubby's otherwise clean driving record, but more importantly, the law is wrong in this case...my kiddo is safer without a booster in the MINI.

Anyone have any suggestions/experience with this?

 

I think a warning would have been more appropriate. Sounds like by the letter of the law you would lose.

 

If was me, I'd probably just pay it or do defensive driving school if it's an option. My time is worth more than trying to fight it. If I understand the law correctly, I don't think it's a moving violation that would affect insurance rates..

 

i guess you could argue whether he had cause to stop you in the first place. How can they tell from outside if the kid is in a booster? (This is why its a secondary offense in most states, so they cant use it as an excuse to haras people)

 

Cop sounds like a ****. Did he actually make your son get out of the car to be measured?

 

Obviously rules are different state-to-state and province-to-province, but we use convertible boosters that aren't just the base, but a high back that has a loop for proper positioning of the belt. Once they get to a specific height they can go to a low booster.


This may not be an exact convertible one, but you get the idea.

perhaps it would be a better solution?