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Any person, including those subject to jurisdiction of a juvenile and domestic relations district court, found guilty of violating this article shall be subject to a civil penalty of $50, which shall not be suspended in whole or in part, for a violation of § 46.2-1095 ; however, any person found guilty of violating § 46.2-1095 a second or subsequent time when the violations occurred on different dates shall be subject to a civil penalty of up to $500. An additional civil penalty of $20 shall be imposed for failure to carry a statement as required by § 46.2-1095 . Notwithstanding the foregoing provisions of § 46.2-1095 , the court may waive or suspend the imposition of the penalty for a violation of § 46.2-1095 if it finds that the failure of the defendant to comply with the section was due to his financial inability to acquire a child restraint system. All civil penalties collected pursuant to this section shall be paid into the Child Restraint Device Special Fund as provided for in § 46.2-1095 . No assignment of demerit points shall be made under Article 19 (§ 46.2-1095 et seq.) of Chapter 3 of this title and no court costs shall be assessed for violation of § 46.2-1095 . Violations of this article shall not constitute negligence per se; nor shall violation of this article constitute a defense to any claim for personal injuries to a child or recovery of medical expenses for injuries sustained in any motor vehicle accident. 1982, c. 634, § 46.1-314.5; 1989, c. 727; 1992, cc. 119, 405; 2002, c. 46.2-1095 ; 2008, c. 46.2-1095 .
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