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State v. McDuff

Pursuant to O.C.G.A. § 40-8-76.1, the driver of a pickup truck, can be stopped and ticketed for the failure to require a minor passenger to wear a seatbelt, even if the driver is not operating the pickup on an interstate highway.

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Richard Scott McDuff was driving his pickup truck on Cobb Parkway with two minor children riding unrestrained in the open bed. Cobb County Police Officer Greg Bradford pulled McDuff over for a violation of OCGA § 40-8-76.1 e 3, failure to secure a minor with a safety belt in a passenger vehicle. Further investigation resulted in McDuff’s arrest for DUI. Citations were issued for the seat belt violation and the DUI. The State Court of Cobb County granted McDuff’s motion to suppress evidence, finding that while Officer Bradford was “extremely credible” and “acted in good faith,” it is not a violation of the law for minor children to ride unrestrained in the open bed of a pickup truck on Cobb Parkway and, thus, there was no legal basis for the stop. The State appeals. Upon review, we reverse the judgment of the court below.

In granting McDuff’s motion to suppress, the trial court relied upon language in In re: BCG, 235 Ga. App. 1 508 SE2d 239 1998, wherein the Court held that,

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