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JRome3
Isn't the seatbelt law unconstitutional?
I always wear mine but didn't put it on right away the other day because I was sweaty. I drove 1/2 block and put it on but a cop had already spotted me with binoculars and gave me a $116 ticket. They had a sting operation set up. I had it on but not right away because there were no cars around and I was sweaty.
$116 is way too high, IMO. Seatbelts should definitely be worn but why such a hefty ticket and on what grounds anyway? It's a safety device. It doesn't cause accidents like cell phones do...but that is legal in FL. Also, 90% of drivers in FL never use their turn signals....which is dangerous...yet no law against that. Or if there is a law it's never enforced because cops would be issuing violations all day long.
What's the deal with the seatbelt law? I'm not against it's intent....just it's validity and high penalty. $20 or $30 is reasonable. $116 most definitely is not, IMO. And can't even dispute it.

Comments anyone?
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I find it quite amusing that you law folks with the snotty answers (who obviously didn't read the entire question) do not allow anyone to email you. Why?
I'm not questioning the "right" to drive without it on. I always wear it, so I don't care. I'm questioning if it's the govt's role to make us do something for our own safety and I'm also questioning the steep fine amount.

****Please read the question in full before copping an attitude with me. Thank you.**********



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2010-06-05 17:35:33 +0000
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I know what you mean a cmv driver not wearing a seat belt 150.00 bucks they say that seat belts save 49 % of fatalities that means it dont 51% of them right?

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2010-06-05 17:57:18 +0000
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Nope not unconstitutional at all. Driving isn't a right, it's a privilege and when you signed for your drivers license YOU AGREED to obey any rules they set forth. Don't want to obey the rules then simply don't drive a motor vehicle on a public highway.

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2010-06-05 17:35:38 +0000
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There may be some degree of variability as to the use of cellphones while driving, at least greater than not wearing a seat belt. Seat belts do save lives I suppose. The justice system was never meant to be fair or efficient, it was just meant to make things happen relatively fast. I mean, unfortunately you were at the wrong place at the wrong time, but if you were someone else who did not wear their seat belt regularly, this ticket would insure you don't make that mistake in the future. Either way, the lack of signaling and the fact that cellphone use is legal is ridiculous. Even if seat belts save lives in an accident, they don't save the lives of people outside of the car. If a person crashed into a tree and died because they didn't wear a seat belt, that is because of their own lack of judgment, their driving was never better/worse, the crash would have happened anyway,they just might have lived. On the other hand, if someone else has to die because some moron is talking on their cellphone or doesn't signal, that effects EVERYONE surrounding them, who has a right to live even if one person's lack of irresponsibility is going to kill all of them. You might have a case here? There is definitely an indirect burden on everyone else if you don't wear your seat belt, the cost associated with your injury/death, medical/police response, traffic jam etc, but if you don't wear a seat belt, you are not MORE likely to get into an accident, just more likely to die. This is not the case with failure to signal or talking on the cellphone.

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2010-06-05 17:26:41 +0000
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Where in the Constitution does it say that you don't have to wear seat belts??

One of the responsibilities of government is to pass laws that protect stupid people from themselves, so we don't have to pay their medical bills. This is one of those laws.

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2010-06-05 17:31:22 +0000
You are welcome to drive without a seatbelt on private property. As soon as you go on public roadways, you must follow any laws relevant to the roadways. This is no different than requiring a driver's license or that your car meet safety and emissions regulations.

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2010-06-05 17:58:59 +0000
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You're right. I disagree with the law. The fine should have been $1,600 instead of $160, and your driver's license should be suspended until you write a five thousand-page essay on why seatbelt use is important, citing examples from research.

If I have to pay for everybody's health care, than I want everybody wearing seatbelts.

By the way, it IS illegal not to use your turn signals. In New Mexico, it's two points off your license. Don't tell me Florida has not caught up with New Mexico.

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2010-06-05 17:30:27 +0000
no its for your saftey just wear the belt i personaly wear a seat belt cause i dont wanna talk to a cop for a dumb reason

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2010-06-05 17:41:55 +0000
I guess our forefathers really drop the ball on that one, I've read the Constitution a few times and they do not not mention "seat belts" at all...
116 dollars is high.....
in Calif its only 60 dollars...

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2010-06-05 17:27:32 +0000
No

there is no part of the Constitution guaranteeing you the right to drive without a seatbelt.

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2010-06-05 17:58:49 +0000
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You can't argue something unconstitutional if its not mentioned in the constitution.

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2010-06-05 18:24:36 +0000
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No, because the Constitution does not give you a right to drive or drive w/o a seatbelt. Thus, it's state (or local) law. If a state decided that cars are illegal, you could not drive in that state. There is no Constitutional right that lets you drive, it's a privilege granted by the state.
The $ of the ticket is general. Unfortunately your opinion on how much it should be doesn't matter to the state/ city law. You're right, because the law is seat belt and you weren't wearing it there's no possibility of disputing it.
Seat belts, regardless of what they do, are the law. They protect you and (in the case of passengers in the rear that, if a collision occurs, can fly forward and kill those in the front) your passengers.
The Federal government has a "base" law, that's the Bill of Rights and basic Federal laws that they can enforce. Then comes the State government which is more "focused" if you will, and "zooms in" on already existing Federal laws. State laws can vary but they cannot violate the Federal laws. Likewise, even more "focused" are city/county laws which in turn cannot violate the State laws but can go more into stuff. Here's an example:
Say the Constitution says you are allowed to carry a knife. The State cannot say you aren't allowed to carry a knife. But it CAN say that you cannot carry a knife w/ a blade of more than 5 inches. Now the city/county cannot say you can't carry a knife either, nor can it say you can carry a knife with a blade more than 5 inches. It CAN say that you can't carry a knife more than 3 inches though. Some states would do that whereas other states would have no restrictions at all in regards to knives. That's why there are states.

So basically, the Constitution doesn't give a right to vehicles whereas the state (fortunately for our needs all 50 states) does. That's why the states all have their own rules and you have to follow the rules of the state you are in. The penalty is not up to police but the jurisdiction you are in (which, since it's not Federal or State - unless highway - is up to the local government), which in turn can tell the police they have freedom to write tickets with a min or max penalty.
The intent is also up to the state since the state gives the privilege of owning/driving a vehicle. The local law can build on this but can't take away from it.

Hope this helped.

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2010-06-05 17:31:19 +0000
The only time people have a problem with seat belt laws is AFTER they get a ticket. If you think reasonably, you know that it's not only constitutional but also a responsibility of the government to enforce public safety laws. Using your turn signal is not even remotely close in any way. Put your seatbelt on next time.

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