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Update on Child Safety Seat Law and Child Motorcycle Passenger:

The Sergeant from my local city police department called me and concurs with the California Highway Patrol, DMV and three other surrounding local city police agencies that there is no minimum age or weight required for passengers.

BUT, he says that because there is no 'case law' to back that up, the officer, at his discretion, can cite me under that law if my son is not 6 years old AND at least 60 pounds. Additionally, the Sergeant told me that if I am cited under the 'Child Safety Seat Law, the officer, at his sole determination and discretion, can then cite me for 'Reckless Child Endangerment'. Again, at the officer's discretion, the citation could be a ticket or he can actually arrest me, impound my motorcycle and take my son to Child Protective Services.

The good news is that the Sergeant told me that the it would be illegal for the officer to 'lie in wait' around my neighborhood just to cite me on the above... that sure makes me feel a whole lot better!
 

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Just Like to Ride
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Guess I need to check laws in Georgia concerning this. I pick grandson up from school sometimes(5 miles from my house) on my bike.

Other kids think he's coolest kid in 2nd grade because he gets to ride on a Harley.
 

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You should file a complaint with the Sheriff or Chief of Police. All laws
should be enforced equally by all Officers, none of them should be out on
their own quest to be the strong arm of the law. I think the Officer is just being a punk. If you start a paper trail of this Officers behavior it will
be useful if you have to file a lawsuit or go to court.
 

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georider said:
If you start a paper trail of this Officers behavior it will
be useful if you have to file a lawsuit or go to court.
Belated Welcome to the forum, and a Very good point. ;)
 

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Infidel
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Richard H-D said:
Update on Child Safety Seat Law and Child Motorcycle Passenger:

The Sergeant from my local city police department called me and concurs with the California Highway Patrol, DMV and three other surrounding local city police agencies that there is no minimum age or weight required for passengers.

BUT, he says that because there is no 'case law' to back that up, the officer, at his discretion, can cite me under that law if my son is not 6 years old AND at least 60 pounds. Additionally, the Sergeant told me that if I am cited under the 'Child Safety Seat Law, the officer, at his sole determination and discretion, can then cite me for 'Reckless Child Endangerment'. Again, at the officer's discretion, the citation could be a ticket or he can actually arrest me, impound my motorcycle and take my son to Child Protective Services.

The good news is that the Sergeant told me that the it would be illegal for the officer to 'lie in wait' around my neighborhood just to cite me on the above... that sure makes me feel a whole lot better!
Richard,

It seems like this sh!t is getting out of hand. If I were in your shoes I'd get a lawyer to write a letter to this officer and cc it to his seargent, the chief of police and the mayor. Giving you a ticket is one thing but impounding your kid is BULLFUCKINGSHIT. I'd have the lawyer scream and yell and threaten to sue everybody.

This cop is acting like a punk, I think if he sees that you are aware of your rights and are willing to defend them, he'll figure out that you're not gonna put up with his sh!t. If he can't figure it out I'm sure his superiors will clarify the point for him.

Please keep us posted.

Regards,
wyo
 
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