From the Oh, Give Us a Break Department comes this gem:
A lawyer argues in Snohomish County Superior Court that her client, who allegedly was found possessing illegal drugs, shouldn’t be charged because the seat-belt law for which he was pulled over is unconstitutionally vague. The judge agrees, dismissing all charges.
This crafty bit of legal reasoning followed similar (and successful) defense arguments elsewhere that the average motorist couldn’t be expected to know whether his car was required to have seat belts. Yep, that’s a real head-scratcher, all right.
Putting aside the obvious — if the seat belts are there, use them, or you’re not smart enough to drive a car — the Legislature needs to fix this technical problem in the law it passed last year. Doing so should be at the top of next session’s agenda.
Anyone heartened by this turn of legal events, figuring they can now drive unbelted, needs to go back to traffic safety school. Seat belts save lives. They prevent serious injuries. That’s not only of benefit to the occupants of a vehicle involved in a wreck, it saves all of us money by keeping insurance premiums lower.
The National Highway Traffic Safety Administration estimates that lack of seat belt use results in more than 9,000 deaths, 140,000 injuries and $26 billion in costs nationwide each year.
Washington’s law is working. We lead the nation in seat-belt use, with 93 percent of us buckling up. That’s due in no small part to the very public "click it or ticket" campaign and the emphasis police have put on enforcing the new law, issuing plenty of $86 fines.
Lawmakers, led by Rep. John Lovick (D-Mill Creek) a Washington State Patrol sergeant, put the spotlight on seat belts last year by making it a primary offense to go without them — meaning you could be pulled over if anyone in your car was spotted not wearing one. Before, you could only be cited if you had been pulled over for another reason. That pulling cars over for violation of the seat-belt law might lead to a bigger arrest (possession of drugs or illegal firearms, for example) also makes it a useful law enforcement tool.
Snohomish County Superior Court Judge Ronald Castleberry, who ruled the seat-belt law too vague, also implied that the Legislature can easily fix the problem. In the meantime, smart motorists will continue to do the right thing, making sure everyone in their car is protected by a seat belt.
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