Florida law enforcement 316.614.4a ?

[barraq]

When I was to pick-up my son from school the police officer who usually close and open the car's door in the drop-off area from school, after I drove not more than 50 meters distance from the place I picked him up, she pulled me over and gave me a ticket (state statute 316.614 (4) a) because my son who is 7 years old was standing up in the rear of my car. My problem is that he did have the seat belt when I left the school. I didn't see him standing up because I was paying attention to the traffic being in school area with a lot of kids crossing the street and my son's place in the car is exactly behind my seat. First of all, how did she see him because I have dark windows on my car? And second of all, when I asked her why did she stop me she said " What do you mean why? Because your son was standing up a rear of vehicle". After that she tried to found me something else because she asked me" Do you have problem with your license?"

I looked it up, and a seat belt violation for a driver in Florida is only supposed to cost $30.00 and they can only get you for the violation if they stop you for a different traffic violation first. The police officer stopped me JUST BECAUSE MY SON DIDN'T HAVE THE SEAT BELT in the rear of vehicle.

What can I do to argue this fine amount, either to get it thrown out entirely or at lest reduced. I don't mind paying $30 but $129 is excessive especially since I am a a laid off mom.

[ned]

With a minor is a primary charge. It doesn't matter if you were watching traffic. You still have the responsibility to make sure your child is restrained.

[jan46]

Talk to the police department that you were pulled over by, no one can help you on YA

[delron72]

Child restraint violations are not the same as adult seat belt violations. For adults, it is secondary enforcement. In other words, they need another reason to stop you. For children, it is primary enforcement and they do not need another reason.

$30 is the base fine. Then they add court costs and other fees to come up with the $120.

You can certainly go to court and explain the situation to the judge, but the bottom line is you are responsible for any occupants in your vehicle. You do not have a legal defense, your only hope is the judge uses his discretion and reduces the fine.