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/.