A Child Safety Restraint Ticket Can Cost You a Point on Your California License

Everyone knows that certain offenses can result in your accumulating points on your California driver’s license, and everyone should know that those points are a serious matter as too many points in too short a span of time can result in the loss of your driving privileges. Most people know generally what kind of infractions result in points – things like speeding, reckless driving, drunk driving, hit-and-run, and having an accident where you’re at fault, to name a few.

However, it is possible to be completely sober, driving under the speed limit and be involved in no accident and still incur a ticket that results in points. How? One way it happens is when you’re ticketed for improper child safety restraint. As with any charge where points are on the line, always be sure to consult an experienced San Francisco DMV defense attorney to discuss the legal options available to you.

California Vehicle Code Section 27360 is the law that requires drivers to secure certain child passengers in a specific way. The law applies to all children under the age of 8 years old. For kids age 2 through 7, they must be in a proper car seat or booster in the vehicle’s back seat, unless they are more than 4’9” tall. For children under 2, they must be in a rear-facing car seat in the vehicle back seat. That rule also applies to older kids who are under 40 inches tall and under 40 pounds.

Using the DMV Hearing Process to Keep Driving

As pointed out above, these tickets can put a point on your license, and that point can possibly lead to a license suspension, so they’re very serious. If this kind of infraction has resulted in the suspension of your license, you still have options to stay on the road. For one, you can request a DMV hearing.

There are several things that, if you are able to demonstrate to the hearing officer’s satisfaction, may keep you able to drive legally. For example, if you have enrolled in a driver safety program, that is one thing that may work in your favor.

Additionally, if you have proof that the rest of your driving history was relatively “clean,” then that may also help you win your hearing. For example, say you had amassed four points within 12 months, but the other three infractions (in addition to your most recent one) were for driving a vehicle without proper registration, speeding (61 mph in a 55 zone) and a low-speed rear-end crash in the rain where you were at fault. (Each of those would have been one-point infractions.) You may be able to provide all that evidence to the hearing officer to persuade that officer that your driving record, in its totality, does not show you to be someone who is sufficiently negligent to warrant a license suspension.

In other words, you need the advice and knowledge of an experienced legal pro. The skilled San Francisco DMV defense professionals at Uthman Law Office are here to help. Attorney David Uthman has over 20 years of experience as a litigation attorney and almost a decade of experience as a police officer. At the Uthman Law Office, we have the tools to get results and are ready to start helping you. Call us today at (415) 556-9200 to schedule your FREE initial consultation.