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."
I became more acutely aware of this fact, driving south last weekend, passing through four other states, all of which had numerous electronic message boards along their highways reminding drivers to "Click It Or Ticket: It's The Law". Blessedly, my state still allows people to use their own judgment.
My idiot sister-in-law lives in Round Rock. Her whole neighborhood is liberal and stupid, but I repeat myself. They do not reflect what the rest of Texas is like (I used to live in Freeport/Lake Jackson.
You shouldn't post things like that on a public forum, as you might give them ideas! Soon, we'll all have to wear HELMETS while driving a CAR, all passengers - including adults will have to ride in child like safety seats, or face fines and prosecution!
Every electronic traffic information board has the “Click It Or Ticket” message this week.
There are cops in plain clothes at intersections with signs that say:
“I am a cop. Click it or ticket.”
They radio ahead to another cop and if the driver or passenger not wearing a seat belt is still not belted, they get a ticket.
Helmets are the cure-all for everything... should be worn 24/7.
LOL!
She was driving a VW bug. The other driver, lost and confused in a one-way grid of city streets, was in a big-assed Chrysler. It was a very low speed crash, but sis didn’t have her belt on correctly, which would have prevented a concussion.
A VW bug and a Chrysler collision on an interstate freeway at 70 - 80 mph, ain’t no one in the VW walking away from that, seat belts buckled or not!
Somehow, the hiring policies of police departments and federal agencies in this country have become singularly adept at finding the exact personality of Nazi prisons guards for all their hires.
Oh I remember, I lived in Indiana then. I fought against that law and my main reason, it gave a cop probable cause to stop anyone at anytime, without a real reason.
tell the cop “take your ticket, and stick it”.
“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.”
Sorry, I’m a municipal court judge - seen too many people tell me they “just took it off for a minute”, they “were almost at their destination”, they “can’t wear it across their chest because it’s uncomfortable/heart condition/against their religion (okay, a little too far, but you get my drift). This kid put it behind his head or under his arm (meaning it was completely ineffective as a seat restraint), AND was sticking his head out the window. Gimme a break. The only issue for the cop here was procedural: he should’ve ticketed 19-year-old aunt. And before anybody tells me this is a freedom issue, if you’re that jacked up about it, get your representative to change the law. Until then, it’s the law.
Colonel, USAFR
Had she worn it “properly”, she would have had internal injuries.
Cop made a bogus stop (pretty 19 year old) and then wrote a bogus ticket.
“Seat belts save lives. Not used properly, in an accident one can severely hurt a person.”
Where do we draw the line? How much intrusion into your life are you willing to accept? And how much will you pay in fines each time you stray?
I would agree with this as long as it means no insurance company would be held responsible for any injuries sustained by this person. You are free to be a fool as long as you are the only victim of your foolishness.
“Until then, it’s the law.”
HAHAHAHAHAHAHAHAHAHAH...Ok there, Francis.
Bravo!
When law goes against freedom, to hell with your “law”.
“...she would have had internal injuries.”
In a slow-speed accident? Not bloody likely, mate!
“In a slow-speed accident? Not bloody likely, mate!”
We’ll never know.
If this had involved an adult, I wouldn’t have bothered to post any opinion. An adult not using a seat belt generally results in a cleansing of the gene pool.
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