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Local News
Tuesday, May 23, 2006 - Last Updated: 7:03 AM 

Child-seat laws included in way fines are assessed

BY ANDY PARAS
The Post and Courier

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WALTERBORO - Anyone charged with the new maximum fine of $150 for not properly restraining a child in a car seat could actually end up paying the court $336.25.

Confused?

You're not alone. Quite a few local law enforcement officials were unclear about the nearly two-week-old fine when asked about it Monday. Some thought $150 was the maximum and minimum charge.

Walter T. Leverette, summary court manager for the South Carolina Court Administration, said that while magistrates can order a fine lower than $150, court assessments will likely more than double it anyway.

For instance, if a magistrate orders an offender to pay a $100 fine, a mandatory $25 fine that is shared by law enforcement agencies statewide and a 107.5 percent standard assessment will increase that $100 ticket to $232.50. Previously, the safety seat fines were exempt from the fees, which are commonplace with traffic violations and go toward funding state programs.

The new law also gives magistrates the power to suspend all but $25 if a parent comes to court with proof that he or she has a child safety seat.

"I think the purpose is to get them to use it," Leverette said.

There is no limit to how many times a parent can come to court toting a car seat. Leverette said that's up to the magistrate's discretion.

Yvonne Penfield, director of Colleton Safe Kids, said roughly 40 percent of parents properly restrain their children in car seats in Colleton County. She is optimistic that a few $300-plus tickets will persuade parents to buckle up children.

"It wouldn't take but a couple of them for word to get around," she said.

Penfield urges magistrates to require first-time offenders to not only buy a child seat but have it installed by a certified technician.

"Otherwise they'll bring someone else's car seat to court and say they bought one," she said.

The House and Senate voted to increase the fine from $25 to $150 earlier this month, overriding a veto by Gov. Mark Sanford.

The vote was a victory for the statewide Safe Kids organization. Penfield has been especially frustrated with the $25 fee.

At a safety seat check Saturday, not one of the 13 seats checked by officials was installed correctly, Penfield said. She said one woman showed up without a seat for her 8-month-old child, so they gave her one.

In addition to pushing magistrates to issue stiff fines, Penfield challenged local law enforcement agencies to enforce the new fine.

"I beg them and I challenge them to enforce it," she said.

Colleton County Sheriff's Chief Deputy Ted Stanfield said they accepted the challenge by registering more of their deputies for classes to become certified technicians.

Deputies will also write a bond amount of $150 on an offender's ticket, he said.

Lance Cpl. Paul Brouthers of the Highway Patrol said troopers will continue to enforce the law fairly and impartially while leaving the fines to the judges.

"We definitely support the sentiment, but trying to impose fines, that's not our job," Brouthers said.

Walterboro Police Chief Otis Rhodes said his officers always have aggressively enforced the child restraint law, and he is confident that the higher fines will make officers' jobs easier.

Court assessments under new fine

--A $25 ticket equals $76.88 when you calculate a $25 statewide law enforcement fee and a 107.5 percent court assessment of $26.88.

--A $50 ticket equals $128.75 after assessments.

--A $75 ticket equals $180.63 after assessments.

--A $100 ticket equals $232.50 after assessments.

--A $125 ticket equals $284.38 after assessments.

--A $150 ticket equals $336.25 after assessments.

If you go

Colleton Safe Kids is offering free registration to a four-day class that will train people to become safety-seat technicians. Dates are June 5 and 6 and June 15 and 16. Contact (843) 549-0638.

 

Reach Andy Paras at (843) 549-9210 or at aparas@postandcourier.com. Read the Colleton County news blog at http://www.colleton.typepad.com/.