My question involves a traffic ticket from the state of: Texas
I was driving with my 5 year old daughter. She was buckled in her booster child seat appropriately. I had left her window down and she had leaned out with her hands and head. A police officer from a good distance away saw her and pulled me over claiming she was standing up in the back. I assured him that was not the case and explained she had leaned out the window from her booster seat and I saw her in rear view mirror and told her to sit back which she did. He said it was impossible. I asked my daughter if she had taken off her belt and she demonstrated she had moved the shoulder strap leaned out and when I told her to sit back she had put it back. The officer said she was not restrained appropriately per her own admission and issued the citation. I plead not guilty and requested a jury trial as I feel that I can argue that the intent of the law was not broken. Any thoughts?
Not sure if I am reading it right, but can I use this.............
Sec. 545.4121. DEFENSE; POSSESSION OF CHILD PASSENGER SAFETY SEAT SYSTEM.
(a) This sec-tion applies to an offense committed under Section545.412.
(b) It is a defense to prosecution of an offense to whichthis section applies that the defendant provides to thecourt evidence satisfactory to the court that the defendantpossesses an appropriate child passenger safety seatsystem for each child required to be secured in a childpassenger safety seat system under Section 545.412(a).
since the citation is for............
TRC § 545.412. CHILD PASSENGER SAFETY SEATSYSTEMS; OFFENSE. (a) A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than eight [five] years of age, unless the child is taller than four feet, nine inches [and less than 36 inches in height], and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system.