Child Restraint Violation: Penalties & Enforcement (2025)

What Constitutes a Child Restraint Violation?

A child restraint violation typically occurs when you fail to follow the legal guidelines for restraining a child under a certain age, weight, or height. Car seat laws vary by state, but there are some basic ground rules that apply to most jurisdictions. Some examples include the following:

• Not using a car seat or booster seat when required
• Choosing the wrong type of seat for the child’s size or age
• Allowing a child under the legal age to ride in the front seat
• Failing to secure the car seat correctly

It’s important to know the specific age and weight requirements for your state. You should also verify that your car seat or booster seat isn’t expired. Check the manufacturer's tag on the seat and confirm that your equipment is still considered safe.

When a Child Seat Setup Is Considered Unsafe

You can have your child in a car seat and still violate certain legal requirements. A car seat may be considered unsafe if:

• It’s expired, damaged or previously recalled
• It’s not installed according to the manufacturer’s instructions
• The child is too big or too small for the seat’s weight range
• The harness is too loose or routed incorrectly

These errors can reduce the seat’s effectiveness and result in a violation. Additionally, child restraint violations can be especially dangerous if they are present during car accidents.

Penalties for Child Restraint Violations

The penalties for failing to properly restrain a child vary by state. Some common penalties include:

• Fines ranging from $100 to $500 or more
• Points on your driving record
• Mandatory car seat safety education
• Court fees or increased average car insurance cost per month

Repeat violations or those involving injuries to the child could lead to more serious consequences. In some instances, you may even face criminal charges, and your child could get seriously injured.

How Law Enforcement Determines Violations

Police may issue a citation for a child restraint violation after a routine traffic stop. They may also evaluate car seat usage while investigating a traffic crash. Officers are trained to identify child passenger safety issues. They may do so by:

• Visually checking the seat type and position
• Asking questions about the child’s age, weight and height
• Referencing the installation guide
• Reading the expiration date on the seat

The good news is that many areas offer free inspections that can help you proactively uncover potential child restraint issues and avoid tickets. Some areas may even assist you with paying for a new car seat or booster seat.

Common Mistakes That Lead to Violations

Many violations come down to simple errors or a misunderstanding of basic car seat laws. Common examples include the following:

• Moving your child to a booster seat too soon
• Allowing kids to ride without a seat belt once they outgrow a booster seat
• Using aftermarket accessories like seat covers that interfere with proper seat installation
• Not registering a car seat to get safety recall alerts

Even well-meaning parents can make mistakes. Knowing the law can be your best defense and the surest way to keep your children safe.

Legal Defenses and Dispute Options

If you’ve received a child restraint violation, you may be able to contest it in traffic court. You could have a number of potential valid defenses, such as:

• The child met the legal exception based on size or age
• You were not the driver or owner of the vehicle
• The seat was properly installed and used at the time
• The citation was issued in error

In some states, courts may dismiss or discount the fine if you show proof that you’ve purchased or installed a compliant car seat after the citation. You should consider talking to a traffic attorney if you are unsure of how to respond to a child restraint ticket.

When a Violation Can Become a Crime

In general, a child restraint violation is a civil infraction. However, it can escalate to a criminal offense if:

• The violation led to a crash that injured the child
• The adult was also driving under the influence
• There is a history of repeated offenses

In these cases, prosecutors may explore child endangerment or negligence in addition to the traffic violation.

Need to Contest a Child Restraint Violation?

A child restraint violation can have serious legal and financial consequences. If you need to contest a child restraint violation or are facing more serious charges of negligence or child endangerment, you need to seek legal counsel right away.

ConsumerShield can connect you with an experienced attorney in your area. Fill out our contact form for a free case evaluation today.