Municipal Court: Fact or Fiction? Increasing your Knowledge of Texas Law Name Municipal Court City, Texas

Municipal Court:Municipal Court:Fact or Fiction?Fact or Fiction?Increasing your Knowledge of Texas LawIncreasing your Knowledge of Texas Law

NameName

Municipal CourtMunicipal Court

City, TexasCity, Texas

Safety Belt StatisticsSafety Belt Statistics

Safety belt use in 2007- 82%Safety belt use in 2007- 82%Safety belt use in 2006- 81%Safety belt use in 2006- 81%63% of people killed in accidents are not 63% of people killed in accidents are not

wearing seat beltswearing seat belts18% of the population makes of 63% of 18% of the population makes of 63% of

fatalitiesfatalities

Question 1: The Shifty ToddlerQuestion 1: The Shifty Toddler

Let’s read the Let’s read the Hypothetical and Hypothetical and decide if it is…decide if it is…

FACT or FACT or FICTION!FICTION!

Question 1: The Shifty ToddlerQuestion 1: The Shifty Toddler

Brandon’s son Butch is 6 years old and Brandon’s son Butch is 6 years old and 4’1” tall. While Brandon was loading the 4’1” tall. While Brandon was loading the trunk, Butch climbed out of his child safety trunk, Butch climbed out of his child safety seat, decided to sit in the other backseat, seat, decided to sit in the other backseat, and buckled himself in. Without noticing, and buckled himself in. Without noticing, Brandon leaves to take Butch to school. Brandon leaves to take Butch to school.

Question 1, continuedQuestion 1, continued

Brandon is pulled over for speeding, and Brandon is pulled over for speeding, and the officer notices Butch sitting next to the the officer notices Butch sitting next to the empty child seat. Brandon has committed empty child seat. Brandon has committed an offense by not keeping Butch in the an offense by not keeping Butch in the child safety seat.child safety seat.

FACT or FICTION?FACT or FICTION?

Question 1 AnswerQuestion 1 Answer

FACT!FACT!Brandon has committed an offense Brandon has committed an offense

because Butch was in his child safety because Butch was in his child safety seat. Butch needs to be at least 8 or taller seat. Butch needs to be at least 8 or taller than 4’9” tall to not sit in a child safety than 4’9” tall to not sit in a child safety seat. seat.

Transportation Code Transportation Code § 545.412§ 545.412

(a) A person commits an offense if the (a) A person commits an offense if the person operates a passenger vehicle, person operates a passenger vehicle, transports a child who is transports a child who is younger than younger than eighteight, unless the child is , unless the child is taller than four taller than four feet nine inches,feet nine inches, and does not keep the and does not keep the child secured during operation in a child child secured during operation in a child passenger safety seat system according passenger safety seat system according to the instructions of the manufacturer of to the instructions of the manufacturer of the safety seat system.the safety seat system.

Question 2: The Crammed KidQuestion 2: The Crammed Kid

Let’s read the Let’s read the hypothetical for hypothetical for Question 2 and Question 2 and decide if it is…decide if it is…


Question 2: The Crammed KidQuestion 2: The Crammed Kid

Uncle Herman has generously offered to Uncle Herman has generously offered to help out his sister while she is out of town help out his sister while she is out of town by driving his four nephews (Hector, by driving his four nephews (Hector, Howie, Harry, and Peanut) to and from Howie, Harry, and Peanut) to and from school. Hector, Howie, and Harry are school. Hector, Howie, and Harry are triplets all aged 4 and 33 inches tall. triplets all aged 4 and 33 inches tall. Peanut is 3 and is 29 inches tall. Uncle Peanut is 3 and is 29 inches tall. Uncle Herman’s car has 3 passenger seats Herman’s car has 3 passenger seats (besides his driver’s seat), and all 3 seats (besides his driver’s seat), and all 3 seats are equipped with child safety seats. are equipped with child safety seats.

Question 2 continuedQuestion 2 continued

Peanut, Harry, and Hector have all been Peanut, Harry, and Hector have all been secured in the safety seats. While there is secured in the safety seats. While there is no other seat for Howie, Herman was able no other seat for Howie, Herman was able to wedge him in between two of the child to wedge him in between two of the child seats in backseat. Herman has committed seats in backseat. Herman has committed an offense by allowing Howie to ride in the an offense by allowing Howie to ride in the car without being secured in a safety seat car without being secured in a safety seat or safety belt.or safety belt.



FICTION!FICTION!Herman has not committed an offense Herman has not committed an offense

because all seating positions equipped because all seating positions equipped with safety seats or belts were occupied. with safety seats or belts were occupied.

Transportation Code Transportation Code § 545.412§ 545.412

(e) this section does not apply to a person:(e) this section does not apply to a person:Operating a vehicle transporting passengers Operating a vehicle transporting passengers

for hire; orfor hire; orTransporting a child in a vehicle in which Transporting a child in a vehicle in which all all

seating positions equipped with child seating positions equipped with child passenger safety seat systems or safety belts passenger safety seat systems or safety belts are occupied. are occupied.

Question 3: Sally’s Special Question 3: Sally’s Special SeatbeltSeatbelt



Question 3: Sally’s Special Question 3: Sally’s Special SeatbeltSeatbelt

Sensitive Sally’s skin is bothered by the Sensitive Sally’s skin is bothered by the shoulder strap of her safety belt. She shoulder strap of her safety belt. She decides on her own to wear her safety belt decides on her own to wear her safety belt so that the lap portion is across her lap, so that the lap portion is across her lap, but the shoulder part (which is designed to but the shoulder part (which is designed to cross in front of her torso) is placed behind cross in front of her torso) is placed behind her torso against the seat. her torso against the seat.

Question 3 continuedQuestion 3 continued

Although Sally is using her safety belt Although Sally is using her safety belt across her lap, she has committed an across her lap, she has committed an offense by not wearing the shoulder strap offense by not wearing the shoulder strap properly.properly.



FACT!FACT!According to According to §§ 545.412(e)(4) & §§ 545.412(e)(4) &

545.413(h) of the Transportation Code, 545.413(h) of the Transportation Code, “Secured” in connection with use of a “Secured” in connection with use of a safety belt means using the lap belt and safety belt means using the lap belt and any shoulder straps according to the any shoulder straps according to the instructions of the vehicle (if original instructions of the vehicle (if original equipment) or safety belt (if added to equipment) or safety belt (if added to vehicle) manufacturer. vehicle) manufacturer.

Question 4: The Retro RideQuestion 4: The Retro Ride



Question 4: The Retro RideQuestion 4: The Retro Ride

Grace is 18 and she drives a 1998 sedan Grace is 18 and she drives a 1998 sedan that has been modified to look like a sedan that has been modified to look like a sedan from the 1950’s. To make the look more from the 1950’s. To make the look more authentic, Grace removed the safety belts authentic, Grace removed the safety belts from all the seats, as the 1950’s inspiration from all the seats, as the 1950’s inspiration for her car did not have safety belts. for her car did not have safety belts.

Question 4Question 4

While riding with Grace, Lola (17) is cited While riding with Grace, Lola (17) is cited for riding in the front seat without using a for riding in the front seat without using a safety belt. Although there was no safety safety belt. Although there was no safety belt for Lola to use, she is still guilty of the belt for Lola to use, she is still guilty of the offense.offense.



FACT!FACT!Although Lola had no safety belt to use, a Although Lola had no safety belt to use, a

seat in a passenger vehicle is considered seat in a passenger vehicle is considered to be equipped with a safety belt if the to be equipped with a safety belt if the vehicle is required vehicle is required to be equipped with to be equipped with safety belts. §545.413(c)safety belts. §545.413(c)

Transportation Code Transportation Code § § 547.601547.601

A motor vehicle required by Chapter 548 A motor vehicle required by Chapter 548 to be inspected shall be equipped with to be inspected shall be equipped with front safety belts if safety belt anchorages front safety belts if safety belt anchorages were part of the manufacturer’s original were part of the manufacturer’s original equipment on the vehicle.equipment on the vehicle.

Juveniles and Alcohol in Juveniles and Alcohol in Municipal CourtsMunicipal Courts

In 2009, there were:In 2009, there were: 34,745 non-driving juvenile ABC cases filed 34,745 non-driving juvenile ABC cases filed

in municipal courts alone.in municipal courts alone.2,852 DUI of Alcohol cases filed in 2,852 DUI of Alcohol cases filed in

municipal courts.municipal courts.Over 37,500 Juvenile Alcohol related Over 37,500 Juvenile Alcohol related

cases under the ABCcases under the ABCThis doesn’t include any Public Intoxication This doesn’t include any Public Intoxication

cases filed (which reside in the Penal Code)cases filed (which reside in the Penal Code)

Minor Alcoholic Beverage Code Minor Alcoholic Beverage Code OffensesOffenses

Purchase of alcohol by a minorPurchase of alcohol by a minor Attempt to purchase alcohol by a minorAttempt to purchase alcohol by a minor Consumption of alcohol by a minorConsumption of alcohol by a minor Driving (or boating) under the influence of alcohol by a Driving (or boating) under the influence of alcohol by a

minorminor Possession of alcohol by a minorPossession of alcohol by a minor Misrepresentation of age by a minorMisrepresentation of age by a minor All are found in the Chapter 106 of the Alcoholic All are found in the Chapter 106 of the Alcoholic

Beverage CodeBeverage Code Public Intoxication under the Penal Code (also Public Intoxication under the Penal Code (also

punished under the ABC)punished under the ABC)

Question 5: The PartyQuestion 5: The Party

Let’s read the hypothetical for Question 5 Let’s read the hypothetical for Question 5 and decide if it is…and decide if it is…

FACT or FICTION!FACT or FICTION!

Question 5: The PartyQuestion 5: The Party

Johnny is 17 and gets invited to a party at Johnny is 17 and gets invited to a party at his friend Todd’s house. When Johnny his friend Todd’s house. When Johnny arrives, Todd greets him and tells him to arrives, Todd greets him and tells him to have some lemonade. Johnny takes a sip have some lemonade. Johnny takes a sip and it tastes awful. Todd laughs and tells and it tastes awful. Todd laughs and tells him that the lemonade is spiked with him that the lemonade is spiked with alcohol. Johnny didn’t know there would alcohol. Johnny didn’t know there would be alcohol at the party and decides to be alcohol at the party and decides to leave and drive home. leave and drive home.

Question 5: The PartyQuestion 5: The PartyUpon leaving, he forgets to turn on his Upon leaving, he forgets to turn on his

lights. He gets pulled over and the officer lights. He gets pulled over and the officer asks if he has been drinking because he asks if he has been drinking because he smells alcohol. Johnny tells him that his smells alcohol. Johnny tells him that his friend tricked him into having one sip and friend tricked him into having one sip and then he left. Johnny is arrested. Johnny then he left. Johnny is arrested. Johnny has committed the offense of Driving has committed the offense of Driving Under the Influence of Alcohol. Under the Influence of Alcohol.


Question 5: AnswerQuestion 5: Answer

FACT!FACT! It is an offense for a minor to operate a It is an offense for a minor to operate a

motor vehicle or a watercraft in a public motor vehicle or a watercraft in a public place while having any detectable place while having any detectable amount of alcohol in system.amount of alcohol in system.

DUI Penalties: 106.041 ABCDUI Penalties: 106.041 ABC

11stst Conviction ConvictionMax $500 fineMax $500 fineMandatory alcohol awareness classMandatory alcohol awareness classMandatory Mandatory 20-40 20-40 hrs of alcohol-related hrs of alcohol-related

community servicecommunity serviceAdministrative DL suspensionAdministrative DL suspension

DUI Penalties: 106.041 ABCDUI Penalties: 106.041 ABC

22ndnd Conviction ConvictionMax $500 fineMax $500 fineOptional Optional alcohol awarenessalcohol awarenessMandatory Mandatory 40 to 60 40 to 60 hours of alcohol-related hours of alcohol-related

community servicecommunity serviceAdministrative DL suspensionAdministrative DL suspension

33rdrd Conviction ConvictionEnhanceable to include jailtimeEnhanceable to include jailtime

StatisticsStatistics

Underage alcohol use is more likely to kill Underage alcohol use is more likely to kill young people than all illegal drugs young people than all illegal drugs combinedcombined

Approximately 5,000 persons under age Approximately 5,000 persons under age 21 die from alcohol-related injuries 21 die from alcohol-related injuries involving underage drinking each yearinvolving underage drinking each year

Approximately 120,000 alcohol-related Approximately 120,000 alcohol-related visits to the emergency department visits to the emergency department involving people under the age of 21involving people under the age of 21

StatisticsStatistics

Compared with non-drinking classmates, Compared with non-drinking classmates, teens who drink are more likely to:teens who drink are more likely to:Die in a car crash Die in a car crash Get pregnant Get pregnant Flunk school Flunk school Be sexually assaulted Be sexually assaulted Become an alcoholic later in life Become an alcoholic later in life Take their own life through suicide Take their own life through suicide

Any other questions?Any other questions?

Thank You!Thank You!Add contact informationAdd contact information

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Municipal Court: Fact or Fiction? Increasing your Knowledge of Texas Law Name Municipal Court City, Texas