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10-year-old boy gets ticket for not wearing seat belt properly
Austin American Statesman ^ | 06/03/2011 | By Miguel Liscano

Posted on 06/03/2011 1:02:23 PM PDT by Responsibility2nd

ROUND ROCK — On his way home Tuesday from Jim Plain Elementary School in Leander, fourth-grader Marshall May, sitting in the passenger seat of the family minivan, was ticketed for not wearing his seat belt properly.

Problem is, Texas law says a person must be at least 15 years old to commit such an offense. If a child isn't properly secured by a seat belt, the adult in the car would be at fault, according to the law. But Marshall's aunt, Ashley Arredondo, 19, who was driving, didn't receive a ticket.

"I was really scared, I could tell you that," Marshall said Thursday. "I didn't know what to do.

"He made me sign my signature, but I don't have a signature because I'm 10 years old."

Instead, Marshall printed his full name.

By Thursday, the story landed on Austin talk radio, and reporters began asking questions.

Interim Leander City Manager Robert Powers said Thursday that Marshall should not have been ticketed.

"I think it was just a mistake," Powers said. "It wasn't anything egregious or malicious."

The Police Department has taken procedural steps with the city's municipal court that will likely lead to the ticket's dismissal, Powers said. It will be up to the court to dismiss the ticket.

"I don't know if they requested it be dismissed or if they asked that it be taken into consideration, but that's certainly the intent," Powers said.

Marshall was in the passenger seat when he decided to stick his head out the window for some air, he said. As he stretched, the seat belt slipped up toward his neck and shoulder area, he said.

That's when the police officer pulled over the minivan driven by Arredondo.

After a brief discussion, the officer ticketed Marshall.

"He said: 'You were wearing your seat belt incorrectly. Sorry, but click it or ticket,'" Marshall said.

Police said the boy wasn't properly wearing the belt because it wasn't covering the top of his chest, said Marshall's stepmother, Kristy May.

"I thought it was a joke until I saw the actual ticket," said Marshall's father, Gabriel May. "I didn't think there was any gravity to it whatsoever."

Gabriel May said he's not sure whether the incident will lead to a court visit, but he said he'd show up if necessary.

"I will, because I'm a law-abiding citizen," he said. "I think they should drop it."


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: clickitorticket; donutwatch
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class="border666
Marshall May

They shoulda TAZED the little bastid.

(j/k)

1 posted on 06/03/2011 1:02:29 PM PDT by Responsibility2nd
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To: Responsibility2nd

Texas has been leaning to the left lately. I don’t know what is going on with the state. Too many laws I would imagine.


2 posted on 06/03/2011 1:06:48 PM PDT by napscoordinator
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To: Responsibility2nd

And people wonder why I very rarely get worked up when some cop catches a bullet anymore.


3 posted on 06/03/2011 1:07:46 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Responsibility2nd

They are criminalizing regular citizens. I got popped for a speeding ticket and I wasn’t actually speeding yesterday.

Speed trap on SR 20 in WA State.

One State trooper with a laser gun, another waving cars to the side of the road. They were stopping them four at a time.

I had a witness in the car at the time.

Things are starting to unglue. If a cop doesn’t know not to ticket a 10 year old, why give him a gun?


4 posted on 06/03/2011 1:08:40 PM PDT by RinaseaofDs (Does beheading qualify as 'breaking my back', in the Jeffersonian sense of the expression?)
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To: Responsibility2nd

Must teach them early to be good little subjects, and to fear THE LAW.


5 posted on 06/03/2011 1:09:37 PM PDT by mountn man (The pleasure you get from life, is equal to the attitude you put into it.)
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To: Responsibility2nd

They always nailed me for driving underage when I was 10.


6 posted on 06/03/2011 1:10:08 PM PDT by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: RinaseaofDs

Fight it. Find a lawyer who has success at handling such cases. It’s a citizen’s duty.


7 posted on 06/03/2011 1:12:29 PM PDT by bvw
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To: Lurker
And people wonder why I very rarely get worked up when some cop catches a bullet anymore.

When you have ten thousand regulations you lose all respect for the law.

~Winston Churchill

8 posted on 06/03/2011 1:12:48 PM PDT by Gordon Pym (2+2=4)
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To: RinaseaofDs
If a cop doesn’t know not to ticket a 10 year old, why give him a gun?

How else is he supposed to shoot some family dog?

9 posted on 06/03/2011 1:14:27 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Responsibility2nd
Does anyone remember when the police promised, they promised, that no one would be stopped simply for not wearing a seatbelt? That the only way you would get a ticket was if you were already pulled over for some other infraction, like speeding?
10 posted on 06/03/2011 1:15:42 PM PDT by sportutegrl
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To: Responsibility2nd

“They shoulda TAZED the little bastid.”

They SHOULDA TAZED the cop.

My sense is that an adult can be held responsible for not seat-belting a child, but that is about it. An adult driver alone in a vehicle should not be mandated to use a seat belt as a legal requirement.

The law is only used as an excuse to (1) increase the local cops’ ticket revenue, and/or (2) check a vehicle and its driver on a “fishing expedition”. Without either of those two motives, the law is seldom otherwise “enforced”.


11 posted on 06/03/2011 1:15:50 PM PDT by Wuli
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To: Responsibility2nd

Good thing he didn’t have his dog with him, it he’d lost a pet too!


12 posted on 06/03/2011 1:15:50 PM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: Responsibility2nd

The government knows whats best for you. Don’t question, just comply.


13 posted on 06/03/2011 1:15:59 PM PDT by Mashood
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To: Responsibility2nd

I worked for a PD and was VERY pro LEO —I have no tattoos, no hip-hop clothing, don’t listen to rap music. I smile a lot and say, “excuse me”.

Then some uniformed cops in San Francisco robbed me (though they didn’t pull their guns out), and I just see them as more guys with guns, but with proper hair-cutes.

A long time ago I heard an Ice Tea song:

“You know how in your neighborhood cops came around and got your cat out of a tree? Well I live in South Central, and here, $HIT AIN’T LIKE THAT...!”

At the time, those words shocked me. And now I hate rap just as much as I ever did; I think those men CHOSE their legaly troubles.

YET NOW I KNOW EXACTLY WHAT HE’S TALKING ABOUT.


14 posted on 06/03/2011 1:17:01 PM PDT by gaijin
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To: Responsibility2nd

If they were suppose to have ticketed the driver and NOT THE CHILD then this should be thrown out in court. Just my thoughts. I bet the ten year old does buckle up from now on, though.


15 posted on 06/03/2011 1:18:24 PM PDT by momtothree
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To: Responsibility2nd

WTF is wrong with cops nowadays?


16 posted on 06/03/2011 1:19:04 PM PDT by AAABEST (Et lux in tenebris lucet: et tenebrae eam non comprehenderunt)
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To: Responsibility2nd

A little power is a dangerous thing.


17 posted on 06/03/2011 1:19:24 PM PDT by Phlap (REDNECK@LIBARTS.EDU)
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To: Responsibility2nd

“Marshall was in the passenger seat when he decided to stick his head out the window for some air, he said. As he stretched, the seat belt slipped up toward his neck and shoulder area, he said.”

If his aunt had to stop suddenly, poor Marshall could have ended up with a broken neck. He’s a cute little guy, too.

Seat belts save lives. Not used properly, in an accident one can severely hurt a person.

A relative had to endure the consequences of a massive concussion when hit by a driver going the wrong way on a city street, and all because the she wasn’t using a seat belt properly. “I was only going a couple blocks...” It was a slow speed accident but she nearly died from the accident - not buckled up correctly.


18 posted on 06/03/2011 1:19:34 PM PDT by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!)
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To: SatinDoll

Your relative should have worn a helmet.


19 posted on 06/03/2011 1:21:46 PM PDT by Mashood
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To: Responsibility2nd
"... Sorry, but click it or ticket,'" Marshall said.

When you have a catchy little phrase like that, you don't need to think.

20 posted on 06/03/2011 1:23:27 PM PDT by farmguy
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