Adult Driver cited for Adult Passengers not wearing seat belt..

[apuppydog]

What is the name of your state? California

I was driving down a street when I saw a whole bunch of cops pulling people over. I thought, ok maybe a sobriety check.. but alas, the cops were pulling people over to give citations to people in the back seat not wearing seat belts. I was driving my wifes SUV, and the passengers in the car were as follows: driver (me) 27; wearing seatbelt, front passenger, 23; wearing seatbelt, rear passenger, 28; not wearing seat belt, rear passenger, 25; not wearing seat belt.

So the cop give the rear passengers a citation, but also gives me a citation for not making them wear seat belts.. i thought the driver is only legally responsible for passengers if they're under 18. Can I contest my citation (as everyone in the car was an adult and should be responsible for themselves), or should i just pay the citation..? Does anyone know how much the first incident of no seat belt is?What is the name of your state?

 

[BelizeBreeze]

You didn't even need to type a word except for the title.

Why? Because YOU, the driver, are responsible for your passengers. If they don't click they don't ride. Get it?

You have no case.

 

[JETX]

i thought the driver is only legally responsible for passengers if they're under 18.

You 'thought' wrong.
California Vehicle Code 27315:
"(d) (1) A person may not operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt."

Can I contest my citation (as everyone in the car was an adult and should be responsible for themselves)

Of course you can contest, as is your right. However, as shown above, you have NO defense to the citation.

Does anyone know how much the first incident of no seat belt is?

From the same VC:
"(h) Notwithstanding subdivision (a) of Section 42001, any violation of subdivision (d), (e), or (f) is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense, and a fine of not more than fifty dollars ($50) for each subsequent offense. In lieu of the fine and any penalty assessment or court costs, the court, pursuant to Section 42005, may order that a person convicted of a first offense attend a school for traffic violators or any other court-approved program in which the proper use of safety belts is demonstrated."

 

[CdwJava]

When I worked the beach detail in my southern California city, we used to issue a lot of cites to drivers cruising slowly along the beachfront ... many had open beers, most weren't wearing seatbelts, and everyone (driver and passenger in violation) would get a ticket for either or both violations.

Yes, we CAN cite BOTH the driver or the passenger. As JETX correctly points out, you have no defense based on the passenger being an adult.

- Carl

 

[apuppydog]

thanks for the clarification guys.

jetxm can i find a copy of th CA vehicle code online?


just curious, do cops work towards quotas or is that a myth?

 

[CdwJava]

thanks for the clarification guys.

jetxm can i find a copy of th CA vehicle code online?


just curious, do cops work towards quotas or is that a myth?

www.leginfo.ca.gov/calaw.html

- Carl