N.C.P.I.—Crim. 239.70

NOTE WELL: No driver charged under this section for failure to

have a child under five years of age properly secured in a

restraint system shall be convicted if he produces at the time of

his trial proof satisfactory to the court that he has subsequently

acquired an approved child passenger restraint system.

NOTE WELL: If no seating position equipped with a lap and

shoulder belt to properly secure the weight-appropriate child

passenger restraint system is available, a child less than eight

years of age and between 40 and 80 pounds may be restrained

by a properly fitted lap belt only.

The defendant has been charged with failure to secure a child in a

restraint system. For you to find the defendant responsible for this

infraction, the State must prove the following four things beyond a

reasonable doubt.

First, the defendant was the driver of a motor vehicle.

Second, that the defendant was transporting a child passenger who

was under the age of eight years.

Third, that the child passenger weighed less than 80 pounds.

And Fourth, that the child passenger was not secured in a weight

appropriate child passenger restraint system.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date the defendant was the driver of a motor vehicle

transporting a child passenger who was under the age of eight years and

weighed less than 80 pounds, and that the passenger was not secured in a

weight appropriate child passenger restraint system, it would be your duty

to return a verdict of responsible for this infraction. If you do not so find, or

have a reasonable doubt as to one or more of these things, it would be your

duty to return a verdict of not responsible.