![A magistrate said she wanted to send a strong message about the need for young children to be properly restrained in cars. File picture A magistrate said she wanted to send a strong message about the need for young children to be properly restrained in cars. File picture](/images/transform/v1/crop/frm/GpZJ7bTi6nvXt5tnNdnKeU/eb919a14-fdb7-4e4d-9e52-81d58c4204c5.jpg/r0_45_6720_4480_w1200_h678_fmax.jpg)
A father was issued two fines after police stopped him for a random breath test and found both his young children unrestrained in the back seat.
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The 36-year-old father represented himself in Orange Local Court and said the family had visited Blayney but was stopped at Lucknow on the way back to their home in Orange.
The Central Western Daily has not named the man to avoid identifying his family members.
According to police, the car was stopped at 8.15pm on July 30, 2022, and although the man passed the breath test when the police looked in the back seat they saw a three-year-old girl in the back seat and not wearing a seat belt properly adjusted and fastened.
The driver said, "she probably took it off, we have to keep stopping for her because she doesn't like it".
The police then discovered a 12-month-old boy also didn't have his seatbelt properly adjusted or fastened.
he explanation you give to the court is the children took it off themselves, I don't know about that.
- Magistrate Susan McIntyre
"He probably took it off," the driver told the police, "he doesn't like it".
Magistrate Susan McIntyre doubted the man's explanation when the case came before her in Orange Local Court.
"The explanation you give to the court is the children took it off themselves, I don't know about that," she said.
"They are tiny children, I don't know if they are capable of that."
The man said his wife was the one to secure the children but conceded that as the driver of the vehicle he was responsible for ensuring the children were secured and remained secured.
"I don't know how my daughter has opened the seat belts," he said.
"I understand it's my responsibility."
"It's your responsibility as parents to make sure their seats are properly installed," Ms McIntyre said.
"The law is very clear as to child restraints.
"A strong message must be sent as far as this is concerned, a strong message is sent to the restraint of young passengers."
Ms McIntyre gave the man two $250 fines for the children not being restrained.
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