Municipal Court: Fact or Fiction? Increasing your Knowledge of Texas Law Name Municipal Court City, Texas Good (morning/afternoon). Thank you so much for inviting me into your class room today. My name is ____________________ and I work with our city’s municipal court. Has anyone hear ever been to our municipal court? You don’t have to tell everyone if you were in trouble! What type of issues do you think we deal with in municipal court? Okay, those are good thoughts and ideas, we’ll talk a little bit more about that in a minute. Today we are going to spend some time talking about the two most common types of cases that we see juveniles (or kids your age) in municipal court. The first type of case that we will talk about is traffic cases. This lesson can be used for either junior high or middle school audiences—adjust your discussion as appropriate. Since none of you are old enough to drive yet, perhaps the most important traffic safety laws that you need to be aware of are our safety belt or passenger restraint laws. The next most common type of cases we see juveniles for involve alcohol. We’ll talk about some of those alcohol-related laws, as well. So, we will play a game of fact or fiction where we consider some situations and you all tell me if the statements are fact or fiction.

Safety Belt Statistics Safety belt use in 2007- 82% Safety belt use in 2006- 81% 63% of people killed in accidents are not wearing seat belts 18% of the population makes of 63% of fatalities Read slide aloud. These are national statistics- a couple years old, but some of the latest numbers we have. This shows you how important it is to wear your seatbelt. They actually work! If they didn’t work, then the percentage of people killed in accidents without safety belts would be the same as the overall average for safety belt use. However, here just 18% makes up 63% of the fatalities.

Question 1: The Shifty Toddler Let’s read the Hypothetical and decide if it is… FACT or FICTION! Read slide aloud.

Question 1: The Shifty Toddler Brandon’s son Butch is 6 years old and 4’1” 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. Read slide aloud.

FACT or FICTION? 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. FACT or FICTION? Everyone has two signs… one that says FACT and one that says FICTION. Hold up which one you think is correct. Let’s see who’s right and who’s wrong here….

Question 1 Answer FACT! Brandon has committed an offense because Butch was in his child safety seat. Butch needs to be at least 8 or taller than 4’9” tall to not sit in a child safety seat. Read slide. So, Brandon did commit a crime and he is subject to a fine of up to $25 if it is his first offense or a fine of up to $250 if it is not his first offense! In addition to the fine, he would have to pay court costs which are about $____ in our court.

Transportation Code § 545.412 (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. Read aloud Here’s the law. Generally, if you’re under 8 you need to be in a child safety seat, which as they get bigger is really a booster seat. The only exception is if you are very, very tall for your age. In our example Butch was about 6 or 7 inches taller than average for a six year old, but he was still more than 8 inches away from being able to get out of that seat!

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

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 Herman’s car has 3 passenger seats (besides his driver’s seat), and all 3 seats are equipped with child safety seats. Read slide aloud.

FACT or FICTION? 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. FACT or FICTION? Read slide aloud. Okay. Let’s see what you guys think. Hold up your cards. And let’s see if you are right…

FICTION! Question 2 Answer Herman has not committed an offense because all seating positions equipped with safety seats or belts were occupied. Read slide aloud. Isn’t that crazy? Does this make any sense at all? Alter the following depending on their thoughts and guesses. Most or all of you thought that he had committed a crime, and normally driving a kid around not in a seat is absolutely against the law. It’s a bad idea to have a kid in the car not in a safety seat, but let’s look at the law and see why Herman didn’t commit an offense here.

Transportation Code § 545.412 (e) this section does not apply to a person: 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. Read appropriate text from slide. So this is the reason why Herman didn’t break the law. Not all of our laws make a lot of sense. Why do you think this is the law? What if it was a crime? Would Herman have had to leave one of those kids behind? 2 questions down, let’s move on to number 3.

Question 3: Sally’s Special Seatbelt Let’s read the hypothetical for Question 3 and decide if it is… FACT or FICTION! Read slide aloud.

Question 3: Sally’s Special Seatbelt Sensitive Sally’s 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. Read slide aloud.

FACT or FICTION? 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. FACT or FICTION? Read slide aloud. Okay, what’s your answer? Fact or fiction? Let’s see those signs… Who’s right? Let’s see…

Question 3 Answer FACT! According to §§ 545.412(e)(4) & 545.413(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. Read slide. It is a fact. Sally did break the law. You all have to wear your seatbelts as they were meant to be worn. Let’s move on to question number 4.

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

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 1950’s. To make the look more authentic, Grace removed the safety belts from all the seats, as the 1950’s inspiration for her car did not have safety belts. Read the slide.

FACT or FICTION? 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. FACT or FICTION? Read slide aloud. Okay make your choice and hold it up! Let’s see who’s right.

Question 4 Answer 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. §545.413(c) Read slide aloud. This is interesting. Lola has committed a crime even though it was her friend that took out the seatbelts! So, what could Lola have done to not break the law here? Maybe the only thing is to not ride in Grace’s car until she gets some seatbelts put in! A car is considered to be equipped if it is required to be equipped (even if it isn’t actually equipped.) So, let’s see which ones are required to be equipped.

Transportation Code § 547.601 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 manufacturer’s original equipment on the vehicle. Read slide aloud. If Grace’s car were from the 1950’s and it didn’t come with seatbelts originally, then Lola wouldn’t be guilty because the car was not required to be equipped… Okay, so those were questions about safety belts. Let’s move on to alcohol.

Juveniles and Alcohol in Municipal Courts In 2009, there were: 34,745 non-driving juvenile ABC cases filed in municipal courts alone. 2,852 DUI of Alcohol cases filed in municipal courts. Over 37,500 Juvenile Alcohol related cases under the ABC This doesn’t include any Public Intoxication cases filed (which reside in the Penal Code) Read slide aloud.

Minor Alcoholic Beverage Code Offenses Purchase of alcohol by a minor Attempt to purchase alcohol by a minor Consumption of alcohol by a minor Driving (or boating) under the influence of alcohol by a minor Possession of alcohol by a minor Misrepresentation of age by a minor All are found in the Chapter 106 of the Alcoholic Beverage Code Public Intoxication under the Penal Code (also punished under the ABC) These are types of cases that can put a juvenile in court involving alcohol. Read slide aloud and explain what the crimes are…

FACT or FICTION! Question 5: The Party Let’s read the hypothetical for Question 5 and decide if it is… FACT or FICTION! Read slide aloud.

Question 5: The Party Johnny is 17 and gets invited to a party at his friend Todd’s 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 didn’t know there would be alcohol at the party and decides to leave and drive home. Read slide aloud.

FACT or FICTION? 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. FACT or FICTION? Read slide aloud. What do you all think? Fact or fiction? Hold up your cards.

Question 5: Answer 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. Read slide aloud. Did you know that? How many of you thought that you had to have enough alcohol in your system in order to be charged with that? Have you ever heard about blood alcohol content levels? Many people get DWI confused with DUI. DWI is essentially drunk driving. But you don’t have to be drunk to be charged with DUI, because as a minor you can’t drink at all, and you certainly can’t drive after a drink or two!

DUI Penalties: 106.041 ABC 1st Conviction Max $500 fine Mandatory alcohol awareness class Mandatory 20-40 hrs of alcohol-related community service Administrative DL suspension Here are the penalties that Johnny would be subject to. Read slide and discuss.

DUI Penalties: 106.041 ABC 2nd Conviction 3rd Conviction Max $500 fine Optional alcohol awareness Mandatory 40 to 60 hours of alcohol-related community service Administrative DL suspension 3rd Conviction Enhanceable to include jailtime If a kid gets in trouble again, then the penalties increase. Read slide aloud and discuss.

Statistics 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 120,000 alcohol-related visits to the emergency department involving people under the age of 21 Let me give you a few more things to think about when it comes to alcohol. Read slide aloud and discuss.

Statistics Compared with non-drinking classmates, teens who drink are more likely to: Die in a car crash Get pregnant Flunk school Be sexually assaulted Become an alcoholic later in life Take their own life through suicide If you are still not convinced, here are a few more things to think about. Read slide aloud.

Any other questions? Thank You! Add contact information Thanks so much for giving me some time today. Now we ended with some serious stuff at the end, but did you all learn some things about traffic laws and safety today? Did anybody go 5 for 5? 4 out of 5? Great job all of you, and these laws are tricky! Here is my information in case you ever need to talk to me about something. Have a great day.