Child - no seat belt

The rulings cited previously in this section clearly indicate how straightforward it is to defend against the charge of a child not wearing a seat belt.

In Kanda the defendant explained the steps he took to make sure his sons were wearing their seat belts. He did what a reasonable person would do. He demonstrated that he was diligent in his responsibility. This was enough to exonerate him.

In Gupta, the defendant basically told his passengers to wear their seat belts. But he did nothing else to ensure they had them on. He did not take reasonable steps to avoid a situation (children not wearing seat belts) nor did he take reasonable care to make sure they had them on. He was found guilty.

In both these cases, the important thing to remember is what defendants say on the stand. Your testimony must demonstrate that you did what a reasonable person would do. You were diligent. If you don't convey this, you will be found guilty.

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