Thats my job.

 

14 years on the opposite side of the street. As a trucky jaws calls are my job and I go to at least one or two a week. I think of quitting every now and again, just because of all the carnage. It wears on your soul like nothing else, but you know that.

Stay safe.

 

Sorry......I'll butt out!

 

I'm curious what ticket the officer would be writing if he responded to the scene of an accident in a parking lot, where the child was injured from hitting the windshield? Seatblets may not be enforced on "private" property, but store lots are public access and some traffic laws may be enforced. Signs (other than handi-cap) generally aren't enforceable, because traffic signs have to be inspected and on record to be enforced, and that's costly. They are enforcable if on the books though. Speeds would be covered uner careless, which is enforcable, so is intoxication and reckless. I'd look real close at Virginas Vehicle Code, before I trust any publicated short cuts that are printed as a parental guide. If somebody thinks there arm will stop a child from vaulting at 5 MPH, try jogging, not even sprinting at about 5mph, stick your arms out and lock your elbows and run at a tree. You think your arms will keep you from hitting it? Now do it with a kid in one arm and stop yourself with the other. Worse case though, he could've mad a referral to Child Protective Services for neglect, and if you thought HE was being tough with child laws....

 

I've yet to hear if any enforceable laws were broken. It is all speculation up to now.

 

So what law school did you attend? The same one that says verbal warnings are not an accepted form of enforcement?

 

So you don't know either hey? And who the heck are you to warn me about anything that's not enforceable?

 

I know the laws in MY state and was offering a point to check and double check in Virginia before somebody embarrasses themselves in person making a complaint, because most states WILL have similar laws. And the verbal warning was a question to you, not a question in general. I know for fact it is an acceptable method to enforce a law. Most states have a law requiring officers to "enforce" law. That may or may not include a ticket. AND child neglect here, is a lodgeable offense and may also be in Virginia. Ane yes, people HAVE been charged with that and referred to CPS for restraint violations, may be extreme here, but that could always be left for a jury to decide.

 

I'd say goooooood luck for child neglect in this case. We have much more serious instances to pursue. I'm just asking if someone actually knows if a law applies here......simple as that.......I'm all for child safety as the OP seams to be actually. You say enforce "law".....well is it the law in the jurisdiction we are discussing? Oh, I am willingly to accept verbal warnings which have law behind them.

 

If referred, they'll look at it. Some departments have policies that require ANY hazardous juvenile contact to be referred, simply to cover any liability for the department. Again, we only heard one side of the story. If a kid is throwing a tantrum, and all are unbelted, maybe the one waiving appeared to be a distraction? If it was the officers oppoion that they appeared to pose a distraction to the driver, it is HIGHLY enforcable. Up to 4 points worth.

 

Still haven't heard about any actual laws that were violated. Your streatching now on the "distraction" point......pure speculation......let's hear some law please.

 

Yes, because I can only assume Virginia might have similar ways to enforce laws, being the US DOT likes to withhold funds when states don't get on board with their politics. Instead of playing patti-cake, do your own search, be productive and post it up. I don't plan to go to Virginia. This was the first scenario to cross my mind when reading the story, due to my experience. People were wondering about a legal scenario to justify the stop, so I offered one. Not far-fetched. Was the officer inexperienced, or did experience help him decide after the interview, that the children were not in harms way or interfering with the driver after all?

 

Well, this conversation has digressed to"I'm rubber your glue, what you say bounces off me and sticks to you". OP's kids are safe and that is what matters......latter.

 

I actually do not see where the law exempts the stop on private property.

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VA Child restraint laws

The was not a taxi, a school bus, farming nor was he in a parade. The stop seems reasonable to me and it would not have been a reach for him to get a ticket.

Virginia's Child Passenger Safety Laws

VIRGINIA'S CHILD RESTRAINT DEVICE LAW
(Code of Virginia Article 13 - Section 46.2)

The major requirements of Virginia's Child Safety Seat Law:

•Effective July 1, 2007: Child restraint devices are required for children through the age of seven (until 8th birthday). Safety seats must be properly used and approved by Department of Transportation standards.
•Effective July 1, 2007: Rear-facing child restraint devices must be placed in the back seat of a vehicle. In the event the vehicle does not have a back seat, the child restraint device may be placed in the front passenger seat only if the vehicle is either not equipped with a passenger side airbag or the passenger side airbag has been deactivated.
•Effective July 1, 2007: Children can no longer ride unrestrained in the rear cargo area of vehicles.
•The law applies to anyone (i.e. parents, grandparents, babysitters, friends) who provides transportation for a child in any vehicle manufactured after January 1, 1968. Public transportation (taxis, buses), regulation school buses, and farm vehicles are exempted.
•The child restraint law is primary enforcement -- no other violation need be committed prior to ticketing for failure to have a child in an approved seat.
•A $50 civil penalty fine is imposed for failure to have a child in a child restraint device. A $20 civil penalty fine is assessed when persons transporting a child exempted from this law due to medical reasons do not carry a written statement of the exemption. All fines collected go into a special fund to purchase safety seats for low-income families.
•There are assistance programs for low-income residents who cannot afford a safety seat. Contact Virginia Department of Health, Division of Injury and Violence Prevention at 1-800-732-8333 for more information.
VIRGINIA'S PASSENGER SAFETY BELT LAW
(Code of Virginia Article 12 - Section 46-2)

The major requirements of Virginia's Child Safety Belt Law:

•Effective July 1, 2007: Children age 8 through age 15 (until age 16) must be belted correctly in vehicle safety belts, in vehicles manufactured after January 1, 1968. Exemptions are taxicabs, school buses, executive sedans and limousines.
•This safety belt law is primary enforcement -- no other violation need be committed prior to ticketing for failure to have a child correctly buckled up.
•A $50 civil penalty fine will be imposed. All fines collected go into a special fund to purchase safety seats for low-income families.
VIRGINIA'S PICKUP TRUCK LAW
(Code of Virginia Section 46.2 - 1094)

•No person under age 16 shall be transported in the rear cargo area of a pickup truck.
•There are exemptions for certain parades and farming operations.
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Now here is the VA code for the ticket or arrest, I am sure I can find more but you get the point.

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The reckless driving offense can even occur on a parking lot


46.2-864. Reckless driving on parking lots, etc. - A person shall be guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:
1. On any driveway or premises of a church, school, recreational facility, or business property open to the public; or
2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or
3. On any highway under construction or not yet open to the public

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Annabelle you have a lot to learn to be a Devil's Advocate but keep trying

 

And that didn't send you a message? Nothing 'clicked'? No light bulb came on?

I understand too... someone's butt cheeks have Blakes lip prints on 'em! J/k buddy, I couldn't resist! (I DO believe that makes us even!)

The department I was with was used to be like Texas DPS as you described them. Now they're more like your last description. A transformation took place and I decided to get out as I didn't want to be a ticket ****. I think I would have done well tho... I have the attitude for it!

Kids are what bothers me. I don't mind the carnage with adults. For the most part, the adults bring it upon themselves and I have little to no sympathy for them. But the kids are almost always 100% innocent. That bugs me.

(Pssssst... he's a trooper)

It might not stick but it could make a parents life a living hell for a while.