Monday, February 16, 2009

Oh, I Thought Your Seat Belt Wasn't On...What's In the Trunk?


A bill is currently advancing through the Arkansas Legislature that irks me on various levels for varying reasons.

Senate Bill 78 would make the act of not wearing a seat belt a primary offense, meaning that they can be pulled over for that reason and that reason alone. Right now, one can only be given a ticket if they are already pulled over and have previously failed to click it.

So if I'm flying down I-30 headed to God's Country, Saline County, Arkansas at about 73 miles per hour, and a police officer sees that my seat belt is not fastened, bingo. I'm pulled over and may be issued a ticket, if the officer claims that I, indeed, was not wearing the seat belt that I indeed fasten every time I drive, mostly out of sheer reflex — my father was and is still a stern advocate of buckling up. And he's a rather large fellow who could crush most men, and most certainly a growing boy, with his bare hands.

My first point of ire was the same as Senate Minority Leader Denny Altes, R-Fort Smith. “How are you going to be able to enforce this law?”

State Police Director Col. Winford E. Phillips, speaking for SB 78, said very plainly that an officer would have to see the violation first, and if he cannot see that the seat belt is being worn, he (or she, ahthankyou) has no reason to stop the car.

How is an officer supposed to be able to hawkeye a driver's left shoulder to determine whether or not they're wearing a seat belt? It just doesn't seem feasible unless one is in a congested area, like downtown or something.

But I'm rather concerned with that other point: The reason.

An officer must have good cause or reason to pull someone over. You swerved, you sped, you tossed your slushie cup, what have you. Police officers have a lot of latitude to say whether or not someone has done these things, and understandably so. There's no telling how many lives have been saved by officers getting swerving drunks off the road and in jail where they belong.

But might law enforcement officers be granted undue latitude with this law? It's based, after all, with what they perceive, not an act that might be verified by any other number of means, like a swerving man might knock over a trash can, or pop a curb or something. With this, it's mere appearance; it looks like that guy might not be wearing a seat belt, and the sirens blare.

Many will be quick to jump this commentary as that of an anarchical alarmist — someone who is ever-fearing the heavy hand of the Man, and swift to accuse police of brutality, racism, and any other vice that seems often contrary to common sense. That is not the case. I know many, many police officers and many, many of them are fine upstanding individuals who would never dare to do such things.

But why bring up the question? Why even allow the idea in people's minds? I asked a colleague of mine one time whether or not he thought Hillary Clinton's being married to Bill, who went around collecting money from other nations for his charitable fund, created a conflict of interest. He replied that in actuality no, it didn't matter but that that didn't matter; there was a newfound reason to be suspicious.

I don't think that police will be more inclined to do dastardly deeds, but I'd rather them not be under more scrutiny therein.

And how many more lives are saved by pulling over numerous people who may in fact be wearing their seat belts? How many people swerving drunkenly, undetected by police officers who have someone pulled over because of their safety belt? There are a gamut of questions that would need to be rectified.

I don't think I'll have to spend too much time thinking about it. I believe police do — and rightfully so — have bigger fish to fry.

5 comments:

  1. You know, I just might be a little bit crazy, but I think that every adult has a fundamental right to be stupid. I don't think that there should be a law mandating seatbelt use. If you (Not you in particular)are so dumb that you don't wear one, then you have a right in my opinion to commit negligent suicide. I think that in the case of children we ought to force folks, and an unbuckled child who is standing/jumping/ hanging out the window ought to be a primary offense. So there I am, firmly in the middle. Call me Buddha.

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  2. The most authoritative reason to support this bill is a $9 million check in federal funds for its passage on an annual basis (if I recall the debate in the House from 2007 correctly).

    But, you make the same valid arguments my brother (a criminal defense lawyer) makes. Only one point on your trip down I-30 to Saline County: you can be issued a ticket for not wearing a seatbelt under current law and have your upholstery slashed and searched through since you were going 73.

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  3. Very true; however 69 mph might also be a bit tricky to determine. Yet you speak from a knowledgeable position; the road to get to God's Country is the same to Texark-I can't stand-Louisi-ana, so your comments are most appreciated.

    My pop, a 21-year officer now on the motorcycle squad with the LRPD, may have beaten you to the punch, Rep. Harrelson. He says it's as easy as falling off a log to see when someone doesn't have their seat belt on, partly due to people's reflex to "slyly" put their seat belt on when they're parked next to a police officer, but also because a majority of the driving done isn't flying at 70+ mph.

    My inclinations toward your criminal defense broseph hopefully hold water, but I am also concerned with undue suspicions of a supposed abuse of latitude against police officers — but I'm not sure the passage of this bill will really affect that one way or the other.

    Thanks for reading. God Bless I-30.

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  4. It's hard for me to get fired up about this one way or the other. Seems as though the arguments raised here are more persuasive in a debate as to whether to have a seatbelt law or not. Alas, we have one, so it's just a question of whether to allow officers to enforce it.

    This was actually part of a pair of the most confusing votes the House made one session: we approved making the seatbelt law primary but killed a bill to require motorcyclists to wear helmets.

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  5. Ditto — I don't think there will be much fire about this one.

    Now the teen angst that will rise from these under-18 restrictions on driving? That will be palpable. Personally, I'm all for it, out of the hilarity that will likely ensue. However, I'm against it as I foresee a tremendous amount of emo and punk music being blared in protest. Again, quite the legislative pickle as far as my interests are concerned.

    Again, thanks for reading.

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