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

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Presentation on theme: "Municipal Court: Fact or Fiction? Increasing your Knowledge of Texas Law Name Municipal Court City, Texas."— Presentation transcript:

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

2 Safety Belt Statistics Safety belt use in % Safety belt use in % Safety belt use in % Safety belt use in % 63% of people killed in accidents are not wearing seat belts 63% of people killed in accidents are not wearing seat belts 18% of the population makes of 63% of fatalities 18% of the population makes of 63% of fatalities

3 Question 1: The Shifty Toddler Lets read the Hypothetical and decide if it is… Lets read the Hypothetical and decide if it is… FACT or FICTION! FACT or FICTION!

4 Question 1: The Shifty Toddler Brandons son Butch is 6 years old and 41 tall. While Brandon was loading the trunk, Butch climbed out of his child safety seat, decided to sit in the other backseat, and buckled himself in. Without noticing, Brandon leaves to take Butch to school. Brandons son Butch is 6 years old and 41 tall. While Brandon was loading the trunk, Butch climbed out of his child safety seat, decided to sit in the other backseat, and buckled himself in. Without noticing, Brandon leaves to take Butch to school.

5 Question 1, continued Brandon is pulled over for speeding, and the officer notices Butch sitting next to the empty child seat. Brandon has committed an offense by not keeping Butch in the child safety seat. Brandon is pulled over for speeding, and the officer notices Butch sitting next to the empty child seat. Brandon has committed an offense by not keeping Butch in the child safety seat. FACT or FICTION? FACT or FICTION?

6 Question 1 Answer FACT! FACT! Brandon has committed an offense because Butch was in his child safety seat. Butch needs to be at least 8 or taller than 49 tall to not sit in a child safety seat. Brandon has committed an offense because Butch was in his child safety seat. Butch needs to be at least 8 or taller than 49 tall to not sit in a child safety seat.

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

8 Question 2: The Crammed Kid Lets read the hypothetical for Question 2 and decide if it is… Lets read the hypothetical for Question 2 and decide if it is… FACT or FICTION! FACT or FICTION!

9 Question 2: The Crammed Kid Uncle Herman has generously offered to help out his sister while she is out of town by driving his four nephews (Hector, Howie, Harry, and Peanut) to and from school. Hector, Howie, and Harry are triplets all aged 4 and 33 inches tall. Peanut is 3 and is 29 inches tall. Uncle Hermans car has 3 passenger seats (besides his drivers seat), and all 3 seats are equipped with child safety seats. Uncle Herman has generously offered to help out his sister while she is out of town by driving his four nephews (Hector, Howie, Harry, and Peanut) to and from school. Hector, Howie, and Harry are triplets all aged 4 and 33 inches tall. Peanut is 3 and is 29 inches tall. Uncle Hermans car has 3 passenger seats (besides his drivers seat), and all 3 seats are equipped with child safety seats.

10 Question 2 continued Peanut, Harry, and Hector have all been secured in the safety seats. While there is no other seat for Howie, Herman was able to wedge him in between two of the child seats in backseat. Herman has committed an offense by allowing Howie to ride in the car without being secured in a safety seat or safety belt. Peanut, Harry, and Hector have all been secured in the safety seats. While there is no other seat for Howie, Herman was able to wedge him in between two of the child seats in backseat. Herman has committed an offense by allowing Howie to ride in the car without being secured in a safety seat or safety belt. FACT or FICTION? FACT or FICTION?

11 Question 2 Answer FICTION! FICTION! Herman has not committed an offense because all seating positions equipped with safety seats or belts were occupied. Herman has not committed an offense because all seating positions equipped with safety seats or belts were occupied.

12 Transportation Code § (e) this section does not apply to a person: (e) this section does not apply to a person: Operating a vehicle transporting passengers for hire; or Operating a vehicle transporting passengers for hire; or Transporting a child in a vehicle in which all seating positions equipped with child passenger safety seat systems or safety belts are occupied. Transporting a child in a vehicle in which all seating positions equipped with child passenger safety seat systems or safety belts are occupied.

13 Question 3: Sallys Special Seatbelt Lets read the hypothetical for Question 3 and decide if it is… Lets read the hypothetical for Question 3 and decide if it is… FACT or FICTION! FACT or FICTION!

14 Question 3: Sallys Special Seatbelt Sensitive Sallys skin is bothered by the shoulder strap of her safety belt. She decides on her own to wear her safety belt so that the lap portion is across her lap, but the shoulder part (which is designed to cross in front of her torso) is placed behind her torso against the seat. Sensitive Sallys skin is bothered by the shoulder strap of her safety belt. She decides on her own to wear her safety belt so that the lap portion is across her lap, but the shoulder part (which is designed to cross in front of her torso) is placed behind her torso against the seat.

15 Question 3 continued Although Sally is using her safety belt across her lap, she has committed an offense by not wearing the shoulder strap properly. Although Sally is using her safety belt across her lap, she has committed an offense by not wearing the shoulder strap properly. FACT or FICTION? FACT or FICTION?

16 Question 3 Answer FACT! FACT! According to §§ (e)(4) & (h) of the Transportation Code, Secured in connection with use of a safety belt means using the lap belt and any shoulder straps according to the instructions of the vehicle (if original equipment) or safety belt (if added to vehicle) manufacturer. According to §§ (e)(4) & (h) of the Transportation Code, Secured in connection with use of a safety belt means using the lap belt and any shoulder straps according to the instructions of the vehicle (if original equipment) or safety belt (if added to vehicle) manufacturer.

17 Question 4: The Retro Ride Lets read the hypothetical for Question 4 and decide if it is… Lets read the hypothetical for Question 4 and decide if it is… FACT or FICTION! FACT or FICTION!

18 Question 4: The Retro Ride Grace is 18 and she drives a 1998 sedan that has been modified to look like a sedan from the 1950s. To make the look more authentic, Grace removed the safety belts from all the seats, as the 1950s inspiration for her car did not have safety belts. Grace is 18 and she drives a 1998 sedan that has been modified to look like a sedan from the 1950s. To make the look more authentic, Grace removed the safety belts from all the seats, as the 1950s inspiration for her car did not have safety belts.

19 Question 4 While riding with Grace, Lola (17) is cited for riding in the front seat without using a safety belt. Although there was no safety belt for Lola to use, she is still guilty of the offense. While riding with Grace, Lola (17) is cited for riding in the front seat without using a safety belt. Although there was no safety belt for Lola to use, she is still guilty of the offense. FACT or FICTION? FACT or FICTION?

20 Question 4 Answer FACT! FACT! Although Lola had no safety belt to use, a seat in a passenger vehicle is considered to be equipped with a safety belt if the vehicle is required to be equipped with safety belts. § (c) Although Lola had no safety belt to use, a seat in a passenger vehicle is considered to be equipped with a safety belt if the vehicle is required to be equipped with safety belts. § (c)

21 Transportation Code § Transportation Code § A motor vehicle required by Chapter 548 to be inspected shall be equipped with front safety belts if safety belt anchorages were part of the manufacturers original equipment on the vehicle. A motor vehicle required by Chapter 548 to be inspected shall be equipped with front safety belts if safety belt anchorages were part of the manufacturers original equipment on the vehicle.

22 Juveniles and Alcohol in Municipal Courts In 2009, there were: In 2009, there were: 34,745 non-driving juvenile ABC cases filed in municipal courts alone. 34,745 non-driving juvenile ABC cases filed in municipal courts alone. 2,852 DUI of Alcohol cases filed in municipal courts. 2,852 DUI of Alcohol cases filed in municipal courts. Over 37,500 Juvenile Alcohol related cases under the ABC Over 37,500 Juvenile Alcohol related cases under the ABC This doesnt include any Public Intoxication cases filed (which reside in the Penal Code) This doesnt include any Public Intoxication cases filed (which reside in the Penal Code)

23 Minor Alcoholic Beverage Code Offenses Purchase of alcohol by a minor Purchase of alcohol by a minor Attempt to purchase alcohol by a minor Attempt to purchase alcohol by a minor Consumption of alcohol by a minor Consumption of alcohol by a minor Driving (or boating) under the influence of alcohol by a minor Driving (or boating) under the influence of alcohol by a minor Possession of alcohol by a minor Possession of alcohol by a minor Misrepresentation of age by a minor Misrepresentation of age by a minor All are found in the Chapter 106 of the Alcoholic Beverage Code All are found in the Chapter 106 of the Alcoholic Beverage Code Public Intoxication under the Penal Code (also punished under the ABC) Public Intoxication under the Penal Code (also punished under the ABC)

24 Question 5: The Party Lets read the hypothetical for Question 5 and decide if it is… Lets read the hypothetical for Question 5 and decide if it is… FACT or FICTION! FACT or FICTION!

25 Question 5: The Party Johnny is 17 and gets invited to a party at his friend Todds house. When Johnny arrives, Todd greets him and tells him to have some lemonade. Johnny takes a sip and it tastes awful. Todd laughs and tells him that the lemonade is spiked with alcohol. Johnny didnt know there would be alcohol at the party and decides to leave and drive home. Johnny is 17 and gets invited to a party at his friend Todds house. When Johnny arrives, Todd greets him and tells him to have some lemonade. Johnny takes a sip and it tastes awful. Todd laughs and tells him that the lemonade is spiked with alcohol. Johnny didnt know there would be alcohol at the party and decides to leave and drive home.

26 Question 5: The Party Upon leaving, he forgets to turn on his lights. He gets pulled over and the officer asks if he has been drinking because he smells alcohol. Johnny tells him that his friend tricked him into having one sip and then he left. Johnny is arrested. Johnny has committed the offense of Driving Under the Influence of Alcohol. Upon leaving, he forgets to turn on his lights. He gets pulled over and the officer asks if he has been drinking because he smells alcohol. Johnny tells him that his friend tricked him into having one sip and then he left. Johnny is arrested. Johnny has committed the offense of Driving Under the Influence of Alcohol. FACT or FICTION? FACT or FICTION?

27 Question 5: Answer FACT! FACT! It is an offense for a minor to operate a motor vehicle or a watercraft in a public place while having any detectable amount of alcohol in system. It is an offense for a minor to operate a motor vehicle or a watercraft in a public place while having any detectable amount of alcohol in system.

28 DUI Penalties: ABC 1 st Conviction 1 st Conviction Max $500 fine Max $500 fine Mandatory alcohol awareness class Mandatory alcohol awareness class Mandatory hrs of alcohol-related community service Mandatory hrs of alcohol-related community service Administrative DL suspension Administrative DL suspension

29 DUI Penalties: ABC 2 nd Conviction 2 nd Conviction Max $500 fine Max $500 fine Optional alcohol awareness Optional alcohol awareness Mandatory 40 to 60 hours of alcohol-related community service Mandatory 40 to 60 hours of alcohol-related community service Administrative DL suspension Administrative DL suspension 3 rd Conviction 3 rd Conviction Enhanceable to include jailtime Enhanceable to include jailtime

30 Statistics Underage alcohol use is more likely to kill young people than all illegal drugs combined Underage alcohol use is more likely to kill young people than all illegal drugs combined Approximately 5,000 persons under age 21 die from alcohol-related injuries involving underage drinking each year Approximately 5,000 persons under age 21 die from alcohol-related injuries involving underage drinking each year Approximately 120,000 alcohol-related visits to the emergency department involving people under the age of 21 Approximately 120,000 alcohol-related visits to the emergency department involving people under the age of 21

31 Statistics Compared with non-drinking classmates, teens who drink are more likely to: Compared with non-drinking classmates, 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

32 Any other questions? Thank You! Thank You! Add contact information Add contact information


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