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Failure to Secure a Child Passenger

Failure to Secure a Child PassengerThe Illinois Child Passenger Protection Act (625 ILCS 25/1) outlines the law for child passenger restraint requirements in Illinois. Our traffic attorneys regularly represent clients ticketed with these offenses.

Illinois law requires that children under the age of 2 are properly secured in a rear-facing car seat unless the child weighs forty pounds or more (40 lbs.+), is more than forty (40"+) inches tall, or is riding in a vehicle that weights more than 9,000 pounds.

Generally, Illinois law requires children under the age of 8 to be secured in an appropriate child restraint system that fits the child; fits the vehicle; and is used according to the manufacturer's guidelines.

Children ages 2-4 should remain in a rear-facing safety seat until they are at the upper height or weight limit of the seat. At that point, the child should be transitioned to a forward-facing seat with a harness system.

Children ages 4-8 should be secured in a forward-facing safety seat with an internal harness system until they reach the upper height or weight limit allowed by the car seat manufacturer. At that point, the child should be transitioned to a belt-positioning booster seat.

Children 8-12 should stay in a belt-positioning booster seat until they are tall enough to properly fit in a standard adult lap/shoulder belt.

A first violation for failure to secure a child is punishable by a fine of $75 plus any mandatory court costs. A second or subsequent violation of this law is punishable by a fine of $200 plus any mandatory court costs.

The defense attorneys at The Davis Law Group, P.C. provide representation on traffic violations including violations of Illinois Child Passenger Protection Act. We will work to prevent a conviction and keep your driving record clean. We provide legal services primarily in Cook County, Lake County and DuPage County. If you have received a ticket for failure to secure a child, contact us to discuss your case.

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