Boise Police Department
News Release

Michael F. Masterson
Chief of Police


Contact: Lynn Hightower
Communications Director
570-6180

FOR IMMEDIATE RELEASE

Tuesday, February 15, 2011

Both drivers cited in Feb 10th Crash at Ustick & Milwaukee

02-15-11 Both drivers cited in Feb 10th Crash at Ustick & Milwaukee

    Boise, Feb. 15, 2011 - After a thorough investigation, Boise Police have cited both drivers in a collision that occurred Feb 10th at the intersection of Ustick and Milwwaukee, involving a Dodge minivan and a Honda Accord.

    The driver of a Honda, a 22 year old Boise man was cited for failure to obey a traffic control device (evidence is he did not have the right of way, ran the light), ISC 48-801, an infraction that carries an $85 fine.. The driver of the van, a woman in her 30's from Eagle who had three small children in her car was cited for improperly securing a child in a safety seat, ISC 49-672 (below), also an infraction that carries a $79 fine.

    What Happened: Boise Police, fire and Ada County EMS were called to a collision that had just occurred approx 1:35 p.m. Thursday, Feb 10th at the intersection of Milwaukee & Ustick. When emergency responders arrived, they found a young girl, age 6 sitting in the drivers seat of the van. She had come out of her booster seat and out of the minivan through a window as it rolled following the collision with the Honda. Officers say the van continued to roll upright leaving the girl in the road. When the van stopped, the girl got up and ran back to the van, sitting in the front seat. The girl had some scrapes and bruises but was not seriously injured. 

    Following the investigation, officers say the girl was seated in the 3rd row of seats in the van and was in a booster seat. However, the shoulder strap on the booster seat was behind the child, contrary to how booster seats are designed for safe use, and the lap belt alone did not hold the child in place, thus her ejection from the vehicle and the citation issued to the driver of the van. Two other children in the van, boys ages 3 and 5 were properly restrained and remained in their car seats in the 2nd row of the van and were not injured. All four were taken to the hospital for observation. The mother, who is pregnant, and the girl were admitted and have since been released.

    The driver and passenger of the Honda were also treated for non-life threatening injuries.

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  TITLE 49
MOTOR VEHICLES
CHAPTER 6
RULES OF THE ROAD
49-672.Passenger safety for children.  (1) No noncommercial motor vehicle operator shall transport a child who is six (6) years of age or younger in a motor vehicle manufactured with seat belts after January 1, 1966, unless the child is properly secured in a child safety restraint that meets the requirements of federal motor vehicle safety standard no. 213.
(2)  The provisions of this section shall not apply:
(a)  If all of the motor vehicle's seat belts are in use, but in such an event any unrestrained child to which this section applies shall be placed in the rear seat of the motor vehicle, if it is so equipped; or
(b)  When the child is removed from the car safety restraint and held by the attendant for the purpose of nursing the child or attending the child's other immediate physiological needs.
(3)  The failure to use a child safety restraint shall not be considered under any circumstances as evidence of contributory negligence, nor shall such failure be admissible as evidence in any civil action with regard to negligence.