Closer Look at Georgia Child Car Safety Laws After Man Accused of Placing Infant on the Floorboard During Traffic Stop

Posted by Richard Lawson | Oct 30, 2018 | 0 Comments

Detavis Madison has been accused of endangering his 3-month-old daughter's life during a traffic stop in Snellville. When police searched the car, they allegedly found his infant daughter laying on the floorboard of his car on top of a stolen handgun as well as marijuana and at least 500 ecstasy pills.

Along with various drug and weapons charges, Madison has also been charged with transporting a child in a passenger vehicle without a restraining system. As a Georgia DUI Attorney, I will outline the laws pertaining to child passengers in vehicles in Georgia.

Child Car Safety Laws in Georgia

With Georgia's other safety laws in mind, the fact that Georgia is one of 47 states that requires children under the age of 8 to be restrained in a weight-appropriate child safety seat while riding in a vehicle should not be surprising.  

A violation of the child car safety laws in Georgia is a serious traffic violation. By law, the requirement for a restraining system applies to all children riding in cars, vans, SUV's, and pickup trucks. 

In order to satisfy the requirements of O.C.G.A. §40-8-76, a restraining system must:

  • Be in the rear seat of the vehicle,
  • Be appropriate for the child's weight and height,
  • Meet all U.S. federal safety standards, and
  • Be installed and used according to the manufacturer's instructions.

If convicted of a violation of the above statute, the first conviction carries a fine of up to $50, and one point will be assessed on that individual's driving record.  However, any subsequent offenses carry a fine of up to $100; a conviction will result in the assessment of two points on an individual's driving record.

Practice Note

As a Georgia DUI Lawyer, I focused today's post on this offense because it is a traffic offense that is quite often associated with DUI in Georgia. Unfortunately, when children are involved in a DUI charge, the accused driver is also looking at a charge of Child Endangerment in Georgia.

These offenses carry serious penalties and consequences. If you or a loved one has been arrested, contact our offices today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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