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."
They shoulda TAZED the little bastid.
(j/k)
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.
And people wonder why I very rarely get worked up when some cop catches a bullet anymore.
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?
Must teach them early to be good little subjects, and to fear THE LAW.
They always nailed me for driving underage when I was 10.
Fight it. Find a lawyer who has success at handling such cases. It’s a citizen’s duty.
When you have ten thousand regulations you lose all respect for the law.
~Winston Churchill
How else is he supposed to shoot some family dog?
“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”.
Good thing he didn’t have his dog with him, it he’d lost a pet too!
The government knows whats best for you. Don’t question, just comply.
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.
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.
WTF is wrong with cops nowadays?
A little power is a dangerous thing.
“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.
Your relative should have worn a helmet.
When you have a catchy little phrase like that, you don't need to think.
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