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View Full Version : LEO ticket question,, 27360 (a) VC Child Restraint:



Flying Tiger
01-28-2006, 01:31 PM
The GF was stopped waiting in the kid pick up line at her sons school when her younger son Maynard undid his seatbelt, and stuck his head out the window.
The LEO wrote her a 27360 (a) child restraint ticket.
Is it a moving violation?
Does it go on ones record,, traffic school??
It's a notice to appear too,, fine??
Thanks for any info,,
http://www.hotboatpics.com/pics/data/500/3812Dumont_Jan__06_016-med.jpg
Maynard got mom a ticket.

Wet Dream
01-28-2006, 02:31 PM
Looking at the pic, you've got a kid eating spaghetti, with a white top on, milk, beer, a takeout cup, and another kid playing video games. Looks similar to my home. :D

Flying Tiger
01-28-2006, 03:12 PM
Looking at the pic, you've got a kid eating spaghetti, with a white top on, milk, beer, a takeout cup, and another kid playing video games. Looks similar to my home. :D
It's in the RV in Dumont Dunes. The kids back for lunch after a 2hr group ride.
Everything is either recyclable or burnable in the campfire.
The recycle quad chick makes a morning pass to pick up the cans (bottles are forbidden at Dumont),, so we usually leave camp with no trash at all, and dump the tanks in Lenwood.
Using mostly burnables cuts way down on water useage.
I buy the takeout cups by the 4000 lot.

Boatcop
01-28-2006, 03:46 PM
Per the CA Statute for 27360:
(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. 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 require a defendant described under this section to
attend an education program that includes demonstration of proper
installation and use of a child passenger restraint system and
provides certification to the court that the defendant has presented
for inspection a child passenger restraint system that meets
applicable federal safety standards.
The reference to "Section 1803" means that it is entered onto the violator's driving record. I don't know if that means "points" against the license, (Insurance rates) or it is just recorded there, since 2nd and subsequent violations carry a heavier penalty.

Flying Tiger
01-28-2006, 05:14 PM
Thanks BC.

probablecause
01-28-2006, 06:08 PM
Given a ticket on private property?

Flying Tiger
01-28-2006, 06:46 PM
The LEO told the GF:
"Public School parking lot is considerd Municipal public property owned by the City."

Boatcop
01-28-2006, 07:15 PM
You might want her to fight it anyway. If the vehicle was stopped, that may be a valid defense. Besides, as Rio said, it's a bit of a stretch to define a parking lot as "highway", whether city owned or not.
Since the fine is expressly stated in the statute, there's no additional penalty for being found responsible in court, or just declaring responsibility and paying it. $100 bucks either way.
She might get lucky and the Officer won't show up. It sometimes DOES happen.

Flying Tiger
01-28-2006, 07:35 PM
You might want her to fight it anyway. If the vehicle was stopped, that may be a valid defense. Besides, as Rio said, it's a bit of a stretch to define a parking lot as "highway", whether city owned or not.
Since the fine is expressly stated in the statute, there's no additional penalty for being found responsible in court, or just declaring responsibility and paying it. $100 bucks either way.
She might get lucky and the Officer won't show up. It sometimes DOES happen.
We'll do that and report back with the results.
Alice is soooo easy going,, sooo not make waves,, it'll be a threadworthy adventure.

Kilrtoy
01-29-2006, 12:55 PM
Good luck..... it can end up either way....
here is the definition of a highway.....
360. "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.
and when your insurance see's that ticket, stand bye