Help with argument that Seat Belt laws are unconstitutional?

1/3/03 | Richard Brengman

[Richard-SIA]

I have a court date tomorrow, to fight my citation for not wearing a seat belt!

I can find nothing in the constitution that empowers Fed., State, or Local Gov. Org. to impose their judgment on me regarding what constitutes my minimum safety. I certainly see nothing allowing them to fine me for not complying with a "Law" that I believe may actually endanger me.

I find this legislation to be a corruption of judicial process, which real purpose is merely revenue enhancement for the county via fines, and insurance companies via higher premiums.

In many states these "laws" are only on the books due to federal blackmail, threats to withhold highway funding, this sort of federal extortion is repugnant to the government our founders envisioned.

I am tired of this sort of abuse at the hands of "Government", it is theft, of my money and my right to decide for myself what is in my own best interest.

I doubt I can prevail against our well known local "hanging judge", but if I do win I get my $67 back, if I don't I will then have "standing" to join in any future effort to repeal these alleged "Laws".

Any suggestion for precedent or organizations supporting my stance would be much appreciated.

[Southack]

Since you probably got ticketed by a state or local cop rather than a federal agent, you're looking at state law.

What does federal law say about state law? It says (9th and 10th Amendments) that whatever the federal government can't do, if it isn't explicitly prohibited to the states, then the states or people can do.

Which basicly means that states can do things that aren't in the U.S. Constitution.

So next time, buckle up. If you can't pay the fine, don't do the crime!

[Bogey78O]

You don't need help. You'll need a 500$ lawyer arguing constantly for you. Then when you lose you bring it up on appeal. Then when you lose the appeal you go higher. Ten years after that you'll finally win but your citation will cost tens of thousands to fight.

[tahiti]

Amendment IX

"The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people."

You have the "retained" right to decide whether you will or will not wear a seat belt.

Good luck.

[HuntsvilleTxVeteran]

Find a race driver that says seat belts are dangerous.

[new cruelty]

Seat Belt Law Unconstitutional

Financial reasons stop seat belt tickets

[Experiment 6-2-6]

Ain't you kinda waiting until the last minute in asking for help on this?

Not that it would help you much...

In MY legal opinion, you're toast.

Take heart in the fact that my legal advice is free.

[GO65]

What is not prohibited by the federal constitution is empowered to the states, so you'll have to check your state constitution.

Generally driving is considered a privalege, not a right, and therefore you are required to obey the laws if you want to drive. Laws requiring you to wear a seatbelt are no different than laws requiring you to get your car inspected.

IMHO seat belt laws are a good thing, they reduce highway fatalities and injuries, thus benefiting all of us. I'd recommend you just pay the fine and buckle up next time. :-)

[Atlas Sneezed]

I have a court date tomorrow...

---

You wouldn't be one of those guys who "hates lawyers" would you, until you need one, and instead expect free legal advice on the web?

You should have hired one when one could do you good. You should have joined the NMA (www.motorists.org) before it was too late.

Perhaps you could have those loved ones who would be paying for your vegetative medical care upon a serious accident due to being unbelted, pay for your current legal bills? (I hope you don't expect me, your neighbors, and HIllary-care to pay your post-crash medical bills, do you?)

[GO65]

From that site:
. A person's choice in not wearing a seat belt is only affecting that person."

Tell that to the highway patrol, the emergency services personel, hospital staff, insurance agencies, doctors, rehab specialists, etc. that have to deal with the dolt who failed to buckle up and got tossed out his window.

Unless we allow you to be left on the side of the road if you fail to buckle up, not buckling up affects more than just those who don't wear their seat beltd.

[xrp]

You may opt not to wear a seatbelt whenever you drive on your own private property. However, when you're driving with the masses [IE on public roads], you must, because in the remote event that you are thrown from your vehicle, you as a road kill, then present a possible danger to other drivers in traffic. They're public roads, not your roads. Pave your own highway and keep everyone else off and you can drive without your seatbelt all day long.

[John H K]

He must be one of those guys that watches a lot of TV and thinks 50% of car accidents result in a burning car that then explodes, and the other 50% consist of ending up overturned underwater.

[exit82]

Forget the Constitutional approach.

You'd have better luck if you claim a religious exemption. Show up in court with a beard, Amish hat and overalls, with boots smelling of cow manure. Pulling up to the courthouse in a black buggy enhances the case.

Remember to speak with a slight German accent and not Brooklynese. Good luck.

[Semi Civil Servant]

If you were in your own driveway, you've got a case. If you were on a public road funded by you and others (others you could sue if you were injured in an accident because you did NOT buckle up), I'd say pay the piper.

I think you will find that when you choose to drive on a publically funded roadway, you implicitly agree to follow the rules of that road, one of which is the seat belt law.

[new cruelty]

Tell that to the highway patrol, the emergency services personel, hospital staff, insurance agencies, doctors, rehab specialists, etc. that have to deal with the dolt who failed to buckle up and got tossed out his window.

So by not wearing a seat belt, he may actually help to create jobs. : )

[Gumption]

I'm like that too. What the hell is wrong with us?

[bjcintennessee]

While I agree in principle to your protest, statistics are against you. While on the one hand, it should be your choice whether to take risks or not, if another driver hits you, he/she is liable for your injuries. Statistics indicate that your injuries would be far greater if you weren't wearing a seat belt.

Maybe those who do not wish to wear a seat belt should be allowed to sign a waiver, promising not to sue for injuries.

[vin-one]

lol

Loved your response Exp.6.
Now why hasn't Rich replied to anyone,
maybe he is studying for the bar