my child (15) was riding in someone elses car without a seat belt. The driver was pulled over for speeding and my child was given a ticket for failure to wear a seat belt (ivc 625-ilcs 5/12-603.1). Is this correct or should the driver have been given the ticket for failing to ensure my child was wearing a seat belt
The Illinois seat belt law, 625 ILCS 5/12-603.1, states that: "Each driver of a motor vehicle transporting a child 8 years of age or more, but less than 16 years of age, shall secure the child in a properly adjusted and fastened seat safety belt as required under the Child Passenger Protection Act (625 ILCS 25/1).
From this wording, it is clear that the Driver should have been cited in the situation you describe above, rather than your 15 year old child. You have the right to have him plead not guilty and present the situation to the Judge in court.