In TN the law for infants is they must be in a rear facing car seat in the rear seat if available. Violation of the law should be a Class C misdemeanor carrying a $50 fine. If a violation is brought to a LEO's attention can they give a warning to correct the deficiency or are they obligated to right a ticket?
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LEO TN Carseat Law Question
- Thread starter ChadP
- Start date
Hardly a gun related question. However, in most states, according to state law, a LEO can only write a ticket for an infraction that occured in his/her presence, on the authority of another LEO in whose presence the infraction was committed, or during investigation at the scene of an accident to determine fault of the accident. So even if the LEO was informed of the infraction, they probably could not legally write the infraction as a ticket.
Also, yes, LEO's always have the option of verbal warnings. There are very few cases that infractions MUST be issued and I am pretty sure the car seat would not qualify.
Also, yes, LEO's always have the option of verbal warnings. There are very few cases that infractions MUST be issued and I am pretty sure the car seat would not qualify.
Yep. Tennessee has the same law:
http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode
\40-7-103. Grounds for arrest by officer without warrant. —
(a) An officer may, without a warrant, arrest a person:
(1) For a public offense committed or a breach of the peace threatened in the officer's presence;
(2) When the person has committed a felony, though not in the officer's presence;
(3) When a felony has in fact been committed, and the officer has reasonable cause for believing the person arrested has committed the felony;
(4) On a charge made, upon reasonable cause, of the commission of a felony by the person arrested;
(5) Who is attempting to commit suicide;
(6) At the scene of a traffic accident who is the driver of a vehicle involved in the accident when, based on personal investigation, the officer has probable cause to believe that the person has committed an offense under the provisions of title 55, chapters 8 and 10. The provisions of this subdivision (a)(6) shall not apply to traffic accidents in which no personal injury occurs or property damage is less than one thousand dollars ($1,000), unless the officer has probable cause to believe that the driver of the vehicle has committed an offense under § 55-10-401;
(7) Pursuant to § 36-3-619
(8) Who is the driver of a vehicle involved in a traffic accident either at the scene of the accident or up to four (4) hours after the driver has been transported to a health care facility, if emergency medical treatment for the driver is required and the officer has probable cause to believe that the driver has violated § 55-10-401;
(9) When an officer has probable cause to believe a person has committed the offense of stalking, as prohibited by § 39-17-315; or
(10) Who is the driver of a motor vehicle involved in a traffic accident, who leaves the scene of the accident, who is apprehended within four (4) hours of the accident, and the officer has probable cause to believe the driver has violated § 55-10-401.
(b) If a law enforcement officer has probable cause to believe that a person has violated one (1) or more of the conditions of release imposed pursuant to § 40-11-150, and verifies that the alleged violator received notice of the conditions, the officer shall, without a warrant, arrest the alleged violator regardless of whether the violation was committed in or outside the presence of the officer.
(c) Unless a law enforcement officer has probable cause to believe that an offense has been committed, no officer, except members of the Tennessee highway patrol acting pursuant to § 4-7-104, shall have the authority to stop a motor vehicle for the sole purpose of examining or checking the license of the driver of the vehicle.
http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode
\40-7-103. Grounds for arrest by officer without warrant. —
(a) An officer may, without a warrant, arrest a person:
(1) For a public offense committed or a breach of the peace threatened in the officer's presence;
(2) When the person has committed a felony, though not in the officer's presence;
(3) When a felony has in fact been committed, and the officer has reasonable cause for believing the person arrested has committed the felony;
(4) On a charge made, upon reasonable cause, of the commission of a felony by the person arrested;
(5) Who is attempting to commit suicide;
(6) At the scene of a traffic accident who is the driver of a vehicle involved in the accident when, based on personal investigation, the officer has probable cause to believe that the person has committed an offense under the provisions of title 55, chapters 8 and 10. The provisions of this subdivision (a)(6) shall not apply to traffic accidents in which no personal injury occurs or property damage is less than one thousand dollars ($1,000), unless the officer has probable cause to believe that the driver of the vehicle has committed an offense under § 55-10-401;
(7) Pursuant to § 36-3-619
(8) Who is the driver of a vehicle involved in a traffic accident either at the scene of the accident or up to four (4) hours after the driver has been transported to a health care facility, if emergency medical treatment for the driver is required and the officer has probable cause to believe that the driver has violated § 55-10-401;
(9) When an officer has probable cause to believe a person has committed the offense of stalking, as prohibited by § 39-17-315; or
(10) Who is the driver of a motor vehicle involved in a traffic accident, who leaves the scene of the accident, who is apprehended within four (4) hours of the accident, and the officer has probable cause to believe the driver has violated § 55-10-401.
(b) If a law enforcement officer has probable cause to believe that a person has violated one (1) or more of the conditions of release imposed pursuant to § 40-11-150, and verifies that the alleged violator received notice of the conditions, the officer shall, without a warrant, arrest the alleged violator regardless of whether the violation was committed in or outside the presence of the officer.
(c) Unless a law enforcement officer has probable cause to believe that an offense has been committed, no officer, except members of the Tennessee highway patrol acting pursuant to § 4-7-104, shall have the authority to stop a motor vehicle for the sole purpose of examining or checking the license of the driver of the vehicle.
Someone you know that you would like to see get a warning?
My wife has some links to some crazy video of car seat crash tests... they should be enough to convince anyone to rear face their children for as long as their car seats permit them too (and to buy car seats that support rear facing as long as possible).
We use a Britax Boulevard seat that allows rear facing up to 35lbs and forward facing up to 65lbs. They are more expensive than some, but you figure people here are willing to spend a lot more on a gun that is much less likely to be used to save your children than a car seat is.
My wife has some links to some crazy video of car seat crash tests... they should be enough to convince anyone to rear face their children for as long as their car seats permit them too (and to buy car seats that support rear facing as long as possible).
We use a Britax Boulevard seat that allows rear facing up to 35lbs and forward facing up to 65lbs. They are more expensive than some, but you figure people here are willing to spend a lot more on a gun that is much less likely to be used to save your children than a car seat is.