Legal Question in Traffic Law in Virginia

Should my son

My son is 15 yrs old and he was ridding with a person who got a speeding ticket and my son did not have his seatbelt on and he recived a ticket ok well i had spoke to a police officer and he said my child was under 16 and he should have not recieved the ticket well i tried to get it re tried and the judge denied it ok now he is charged 101.00 and a suspended license and he does not even have a license. so what are my options?

THANKS


Asked on 10/07/05, 10:34 am

2 Answers from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Should my son

There has to be something more to this. While

I can agree with my colleague about the ticket

being normal, the rest of the story sounds

strange.

First, the only way that they would suspend

your son's driver's license (if he had one) from

not wearing a seatbealt would be if he failed

to pay for a very LONG time. There is no way

they would suspend his license for not wearing

a seatbelt, but they would for non-payment of

the fine for many months.

Within 10 days of the fine, you can appeal this

to the circuit court and get a whole new trial,

but it has to be done within 10 days.

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Answered on 10/08/05, 10:38 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Should my son

Merely because your son was under sixteen years of age does not mean that he was not subject to

the Motor Vehicle Code provision which requires that such children occupying front seats of moving vehicles be properly secured by a safety lap belt system. See Va. Code Sec. 46.2-1095(B)which applies to children under age 16.

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Answered on 10/07/05, 10:53 am


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