The unbelievable reason mum was slapped with a $413 seatbelt fine

A mother who was given an ‘unfair’ fine because her daughter was wearing her seat belt has taken her fight to court – and won.

Louise Hess, from Gold Coast, was fined $413 and given three penalty points for 18 months when her child, 14, was caught on camera with her arm outside the seat belt.

Ms. Hess claimed that a medical condition made it uncomfortable for her daughter to properly wear a seat belt and that she was prepared to fight this out in court.

She also said that she could not reasonably be expected to check the position of her child’s seat belt while driving.

“You check your kids and everyone in the car before you drive, but I didn’t think I was expected to constantly pay attention to the position of a seat belt strap,” she said 7News.

A mother (pictured left) was so furious about an ‘unfair’ fine because her daughter (right) was wearing her seatbelt that she took the Department of Transport and Main Roads to court – and won

“It’s not something you think you need to look at.”

The photo with the violation notice showed the seat belt under the child’s arm, rather than over her shoulder, as she sat in the front passenger seat.

The fine was issued for ‘driving with an unbraked passenger in the front’.

Although Ms Hess admitted the seat belt was not legally worn correctly, she believed the fine was ‘revenue increasing’.

“I started fighting it as soon as I got the fine,” she said.

‘I am expected to turn my head and check the position of that shoulder strap, I thought that was unfair.

‘I’m a bit stubborn and I wasn’t going to let them win this time.

‘I pay a fine if I am caught speeding or if my dog ​​is not on a leash. Yes, that’s fair. But this isn’t fair.’

The case was due to be heard at Southport Magistrates Court on Wednesday, but the transport department suddenly abandoned its defense that morning, handing Ms Hess the victory.

But criminal defense attorney Bill Potts said this case should make people feel free to violate the state’s seat belt laws.

Although Louise Hess (pictured) admitted seat belts were not legally worn correctly, she believed the fine was ‘revenue increasing’

“People must obey this law,” he said. ‘Parents in particular have a duty at all times to ensure that their children and their passengers are wearing their seat belts correctly.’

He said challenging traffic fines in court can be expensive and time-consuming, but people who believe they have been wrongly fined can write to the transport department to challenge the fine.

“A magistrate may very well look at the personal circumstances and find you innocent, or even if he finds you guilty, impose a lesser fine,” Potts said.

Or it could mean, as in Ms. Hess’s case, that the department drops the case on the day it was due to be heard by the court.