I Didn’t Know That’s What the Law Says – Ignorance of the Law Is No Defense
No one likes dealing with a traffic ticket. Based on the questions I commonly receive, I find that people often get traffic violations because they don’t know basic traffic laws. Ignorance of the law is not a legitimate defense to a traffic violation. So if you don’t like dealing with traffic tickets, take a look at common traffic questions I’ve received over the years.
Can I get in trouble for letting people ride in the back of my truck?
Yes, if your passengers are minors. Texas law states that a person commits a misdemeanor offense, punishable by a fine between $25 and $200, if he or she operates an open-bed pickup truck or flat-bed truck or trailer when a child younger than 18 years of age occupies the bed of the truck or trailer.
Can I get in trouble as the driver if my back-seat
passengers don’t wear a seat belt?
Yes, depending on the age of your passengers. Under Texas law, a person commits a misdemeanor offense if he or she allows a child between 5 and 17 years old into the vehicle without requiring the child be secured by a safety belt, provided the child is occupying a seat that is equipped with a safety belt. This misdemeanor is punishable by a $100 to $200 fine. A front-seat passenger that is 15 years of age or older can be held responsible for failing to use the safety belt, which is a misdemeanor punishable by a $25 to $50 fine.
How long do I have to keep a young child in the car seat?
According to Texas law, a child that is younger than 5 years of age and less than 36 inches in height must be kept in a child passenger safety-seat system during operation of the vehicle. Texas law defines “child passenger safety system” as one that meets the federal standards for crash-tested restraint systems as set by the National Highway Traffic Safety Administration.
This article appears in July 11 • 2008.