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337.26 TRAFFIC CODE 76 <br />(g) This section does not apply when an emergency exists that threatens the life <br />of any person operating a motor vehicle to whom this section otherwise would apply <br />or the life of any child who otherwise would be required to be restrained under this <br />section. <br />(h) The court shall dismiss a charge brought against a person who is a resident <br />of this State and is charged with a first violation of subsections (a), (b), (c) or (d) <br />hereof, and may waive the costs, if the person proves to the court, by preponderance <br />of the evidence, that he or she, prior to the scheduled court appearance indicated on <br />the citation issued to him or her, purchased, borrowed or rented, for the period of <br />time that the child involved in the alleged violation was or will be in the person's <br />care or custody, a child restraint system that meets Federal motor vehicle safety <br />standards. The court shall not dismiss a charge brought against the person and <br />shall impose the applicable fine levied by subsection (k) hereof if the person fails <br />to prove to the court, by a preponderance of the evidence, that he or she has <br />properly purchased, borrowed or rented a child restraint system in accordance with <br />this subsection and is convicted of the offense. <br />(i) If a person who is a resident of this State is charged with a second violation <br />of subsection (a), (b), (c) or (d) hereof, and is convicted but proves to the court by <br />a preponderance of the evidence that he, prior to the scheduled court appearance <br />indicated on the citation issued to him, purchased, borrowed or rented for the <br />period of time that the child involved in the violation was or will be in the person's <br />care or custody, a child restraint system that meets Federal motor vehicle safety <br />standards, the court shall impose the applicable fine levied by subsection (k) hereof. <br />If the person fails to prove to the court, by a preponderance of the evidence, that he <br />has properly purchased, borrowed or rented a child restraint system in accordance with <br />this subsection, the court shall impose the applicable fine levied by subsection (k) hereof. <br />(j) If a person who is not a resident of this State is charged with a violation of <br />subsection (a), (b), (c) or (d) hereof and does not prove to the court, by a prepon- <br />derance of the evidence, that his use or nonuse of a child restraint system was in <br />accordance with the law of the state of which he is a resident, the court shall <br />impose the fine levied by subsection (1) hereof. (ORC 4511.81) <br />(k) Whoever violates subsection (a), (b), (c) or (d) hereof shall be fined not <br />less nor more than thirty-five dollars ($35.00) on a first offense, unless the fine is <br />waived in accordance with subsection (h) hereof; on a second, offense, such person <br />shall be fined not less nor more than thirty-five dollars ($35.00), except that if such <br />person fails to prove timely acquisition of a child restraint system as provided by <br />subsection (i) hereof, such person shall be fined not less nor more than seventy <br />dollars ($70.00). <br />1988 Replacement <br />