Legal Question in Civil Rights Law in New Jersey

Frredom of Choice and Mandatory Seat Belt Laws

I agree that a state is given policy authority to protect the safety of the public under the 10th Amendment but is it not an abuse to Mandate an individual adult to wear a seat belt for the following reasons? 1st - Freedom of choice. A driver who is not wearing a seat belt is not affecting the public safety - only his own. A citizen has the freedom to choose what risks he takes in his daily life. A citizen should be responsible for himself and their actions. Smoking is deadly but it's a choice. Smoking in a confined public space effects otheres but wearing a seat belt does not. 2nd - A person cannot commit a crime against himself (cannot be both victim and perpetrator) 3rd - A seat belt is not 100% safe (not even 75% effective) especially in broadsides or in case of a roll over. There are cases of belts failing to release under pressure - preventing escape in an emergency. It does not affect the way a person drives. This seems to be a gross infraction on my civil rights and freedom to choose how to live my life in my car. There is not 1 case of another person being killed or injured because another individual did not wear their seat belt. Where does public safety come in for adult drivers? Is this not a freedom of choice issue?


Asked on 6/05/04, 1:23 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Frredom of Choice and Mandatory Seat Belt Laws

You overlook the public policy reasons which basically are that the majority of sociey does not want to take care of and/or pay the medical bills for the care of those who want to live free. If all the paralyzed people who refused to wear seatbelts were self-supporting, the law might be different. But so long as those with catastrophic injuries are taken care of with public funds don't look for the seatbelt laws to be changed anytime soon.

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Answered on 6/05/04, 4:58 pm


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