3 weeks ago, I got a $40.00 ticket for not wearing my sealt belt. I feel that this law is not constitutional.?
If I choose not to wear a seat belt, I should have that right. If there were really serious, why don't they give tickets to bike riders that don't wear helmets. To me, it's just a money making scam by local police. At any rate, I did not pay the ticket, and now they say that I have to pay them 80 bucks. Can I really be forced to pay this ticket? Will I be jailed if I refuse to pay. It's not about the money, its a matter of principle.
Carry that logic further. If I choose to put heroin in my body, I should have that right. If I choose to drown my mentally retarded baby rather than care for it, I should have that right. If I choose to drive 90 miles per hour through my neighborhood so I can get home faster, I should have that right.
The government has the ability to put restrictions on your ultimate freedom for the public benefit.
yes your license will be suspended and a warrant will be issued for your arrest. here a seatbelt ticket is $10
take it to the supreme court.
The 'right' not to wear a seatbelt is not mentioned in the Constitution, gee, I wonder why? The reason you are forced to wear a seatbelt is that it has been repeatedly proven to reduce traffic fatalities, thereby reducing insurance costs for all responsible drivers across the board and protecting people with marginal judgement from themselves by making them use a very basic safety device.
In states mandating that bicyclists must wear helmets, they are indeed ticketed for non-compliance, just as you were for your non-compliance with the law.
As far as having to pay the ticket, you will not be 'forced' to pay it, but if you do not, a warrant can be sworn out for your arrest for not paying, your license could be suspended or revoked, and you could eventually find yourself in jail.
You should probably save your 'principles' for more important matters, such as speech or freedom of religion. Nobody fought and died in a war so you could endanger yourself by not buckling up.
I think it's a violation of civil rights. What right does the govt have to tell you how you can or cant hurt yourself. It's from a PC doesn't know whats going on knee jerk reaction. I say call ACLU it's worth a try. I can see a law that protects others from someone, but come on. wearing or not wearing a seat belt wouldn't hurt anyone but you. There have also been cases where not wearing a belt saved someones life.
oh yes, you will be forced. i hate those kinds of laws ,too. even including drug laws. i feel i have the right to be stupid in my pursuit of happiness. but choose your battles wisely, my friend. in the crossbar hotel it will be you and your principles and a lot of unsavory characters!
Well, if you choose to kill someone, thats your right too is it not? But we have laws against it, just as there are laws stating you must wear seatbelts. I don't agree personally, but its a law. $40 is cheap by the way, in TX it will cost you about $125. I've gotten one myself so I know, so you should pay the fine with a smile.
Driving is not a right. It is a privilege. And one of the many laws governing that privilege is the requirement to wear a seat belt. Do you insist that your kids buckle up? And even if you do, what lesson are you teaching them by not buckling yourself? Has it never occurred to you that not buckling up might lessen your control over your car and thus put other drivers at greater risk? This is a valid safety issue. Pay the $80 before the consequences become greater.
By the way, some jurisdictions DO ticket bike riders for failure to wear a helmet.
they do give tickets to people who dont wear helmets. in california if you are under 18 you ahve to wear a helmet and if you dont you will get a ticket.
and i dont understand why you wouldnt wear your seatbelt. you obviously knew the law. who hasnt heard the phrase 'click it or ticket'? if you knew what you were doing was illegal then you deserve to pay the price even if you dont agree with the law, it is still the law.
There is nothing in the United States Constitution that says anything about a right to refuse to wear a Seat Belt, while I agree with you that it should be one's choice to wear a Seat Belt or not, it is not Unconstitutional for a State to require such a thing, so it would be wise to obey the law.
Yes you will be jailed if you refuse to pay, unless you can prove the Police did something wrong to the ticket (like if a ticket has no name or date on it, the ticket is then null and void, even if you did the deed).
I don't know where you live but with that attitude I'm not sure I want to be on the road with you. A little inconvenience to save your life and you whine about it. Bikers are ticketed where I live if they don't have a helmet on. Skate boarders too. It is a SAFETY issue. Next time I hope the ticket is 4 times that just for being stupid.
i dont agree with seat belt laws,helmet laws.
that said i wear them cause i dont want to get brain damaged if i crash on my cycle,or break all my ribs while driving a car.
i dont like nannystate laws,and i do not support them,but like i said,i use all available safety devices,but dont think the gov should dictate that to me,especially to make money from it.
you wont win,you get a bench warrent issued,and your fine has allready doubled.
you have to pay,so pay,you cant win.
if you have an issue with the law,write to your state reps,or vote them out,they make the laws!
I'm surprised you are even debating this. You should be thanking the officer for the ticket. This should have been your wake up call that could save your life or someone else's. What if you are in a car wreck, are in the back and aren't wearing a seatbelt? You'll act like a projectile and hit the person in the front who was probably wearing theirs. You'll end up killing yourself and them too - so much for your freedom huh?
The problem is that you do not have a constitutional right to drive a car. Since the government authorizes you to drive, that authorization can be dependent upon any conditions the government believes to be appropriate without offending the constitution. So, yes, you can be forced to pay the ticket.
In fact, you could be forced to pay the ticket even if the law was NOT constitutional. You don't litigate the constitutionality of a law by ignoring it, but by challenging the law properly in court. Eventually, if you keep ignoring it, the only recourse which will be left is for a warrant to be issued for your arrest.
And, by the way, in California they DO give tickets to bike riders who do not wear helmets.
Seat belts laws = Nanny government at its finest.
You should wear a seat belt because it is the intelligent thing to do, not because Uncle Sam makes you.
Same goes for motorcycle and bicycle helmets.
Yes you have a right to be stupid and not wear a seatbelt, however, often the taxpayers end up bearing the cost of seriously injured people who don't have enough insurance, if any, to cover the cost. Therefore, the government can pass laws requiring seatbelts, helmets, etc.
While I don't disagree with you on the concept, let's look at the law.
The constitution protects specific areas where the govt is not allowed to regulate activity. What specific right (restriction on govt regulation) guaranteed in the constitution (state or federal) do you think applies?
This issue has been litigated, in most states. The bottom line is that the state is allowed to regulate any activity unless there is a specific restriction preventing it from regulating it.
And yes, you will be subject to further criminal sanctions if your refuse to pay. You can, however, take the matter to court and challenge the law. Who knows, your lawyer may be able to find something in your state constitution to succeed.
If money is not an issue, i would just send in the fee. The seatbelt law is in effect to protect you if by chance you were to be in an accident...
and yes, you can be forced to pay... The police can put a warrent out for your arrest.
they only make these laws so you don't die. is it really that hard to just put on your seatbelt? it takes like 2 seconds retard.
but on the other hand, the earth is too overpopulated.
go die.
don't wear your seatbelt..
and yeah, your lisence will be suspended for a long time.
jeez what an idiot
It's people like you who whine about civil liberties that are the first to sue if something bad happens to you. If you don't wear a seat belt and are in an accident, you are much more likely to be seriously injured or killed as a result of that accident.
Shut up and pay the fine and wear your seatbelt. Why WOULDN'T you wear a seat belt in the first place?
well . first of all the law is the law. it doesnt matter if we think its fair or not. the other thing is if you think its ok then every one will think its ok. the seat belt saves lives. its aproven fact. arn't you worth it? yes uyou have to pay your fine. and yes they can stick you in jail plus take your drivers license away. then after you pay it you will have a reinstatement to pay plus take your test all over again. plus if you have or will ever have children. would you want them to see you ware your seatbelt so they can save thee lives if need be? isn't it just easier to just pay your bill?
im with you all the way, 100%. why is it even legal to ride a motorcycle then? because riding in a car unbuckled is still a hundred times safer than riding a motorcycle with a helmet and all other motorcycle gear. someone explain that.
They can take your liesen. It is like wearing a helment on a motorcycle. The reduced injuries save the state lots of money. And yes a parnt can be fined for not making children wear mandated safety equiptment just like business with it's employees.
if it is a law then yes you have to pay it. if you don't agree with a law, call your state representative and voice your opinion.
It doesn't matter if you agree with the law, the fact is that is IS the law. I am not sure if that is a moving violation, if it is you can get your licsense suspended but if its not, the ticket will just keep increasing in amount. Eventually they will place a judgement on you and it will ruin your credit until it is paid. By then, you will wish you had just paid the 40.00. Some battles are just not worth it. Choose them carefully.
think of if you were in an accident and you were the only one who wasnt wearing a seatbelt every one else survived and yu didnt
srry to tell you this but they are doing theyre job if the law says you hav to wear a seatbelt then they have to follow tha rules tha have been put to them
they are police ppl
so they are kinda protecting you from danger
next if you dont want a ticket than put your seat belt on
You fought the law and the law won!
Pay your ticket. It will cost more to fight.
Wear you seatbelt, why is that so hard?
If you die its not a big problem, but if your badly injured, someone has to pay, and it won't be you will it
Well, that's just the way it is. We all have to obey the laws that help keep us a civilized society.
And, because this is a free country, you are free to NOT pay the ticket if you don't want to.
And, the price of the ticket will keep going up until it's paid.
And, if you don't pay it, they can throw your little butt in the slammer.
But, go ahead. protect your 'right' to not obey the traffic laws.. It is America...you can do that if you want.
But, you have to accept the consequences of your behavior.
Answer:
Constitutional or not, I disagree with the law. That said, you will NOT win this fight in court. You could TRY to get the state to change the law. Even if you succeed, you ticket will stand as the law was in place when you received the ticket.
coragryph said 'The constitution protects specific areas where the govt is not allowed to regulate activity.' This is actually the exact OPPOSITE of the truth. The constitution GRANTS the government certain powers. EVERYTHING not granted to the government is outside the government's authority. For those who can't tell that from the very structure of teh text, the 10th amendment spells it out.
I agree with you the law is bullshwill.
Keep in mind that driving is considered a privilege and if you do not pay they will take that privilege from you.
-rj
Bla bla bla - I'm 40 years old so when I was a kid I didn't have to wear one but we all do now. Quit your crying! Pay the ticket or things will just get worse.
