Mandatory Seat Belt Laws: In a recent case in New Jersey, a passenger was killed in an accident where the driver

of the car was not wearing his seatbelt. Now, attorneys in New Jersey say that several judges and attorneys in the state are debating the mandatory seat belt safety laws in place, and whether criminal charges need to be filed for those in violation or not. A New Jersey court had previously found that failing to wear a seat belt can be a predicate offense in a scenario involving a more serious crime. A state statute makes it a criminal act to knowingly violate a law that has been created to protect the safety and health of the public, especially through reckless conduct that could bring harm to others. Although attorneys in New Jersey agree that wearing a seat belt is a lifesaving act, failure to do so should not necessarily lead to criminal charges. The state Supreme Court is hearing arguments on this subject regarding an accident from 2007. In August, Kirby Lenihan, who was 18 at the time, was driving her car on Route 519, near Hampton Township, when she lost control of the wheel and hit a guardrail. She suffered serious injuries, and her passenger, known as K.G. in the police reports, was killed in the crash. Neither teen was wearing a seat belt when they hit the rail. Respondents on the scene found cans of aerosol dust remover and carpet deodorizer in the car. These products are popular for use in huffing, in which participants inhale the propellants as a method to get high. Police speculated that Lenihans driving capability had been impaired when she lost control of the car, and a later blood sample confirmed that Lenihan had inhaled 1,1-Difluoroethane, one of the compounds in dust remover. Lenihan was charged with reckless driving, driving while intoxicated, and both her own and K.G.s failure to wear a seat belt. She was indicted before a grand jury for charges of second-degree vehicular homicide and second-degree violation of N.J.S.A. 2C:40-18, and pleaded guilty to recklessly causing serious bodily injury, as well as violating a public safety law. A judge sentenced her to three years probation, and 180 days of jail time. N.J.S.A. 2C:40-18 is New Jerseys Public Safety Statute, and it states that a person who knowingly violates a public safety law can be charged with a crime. The Passenger Automobile Seat Belt Usage Act of 1984 makes it mandatory for passengers to wear their seat belt, and falls under the heading of a safety statute. But the Appellate Divisions ruling extends this statute to make not wearing a seat belt a predicate case for criminal charges. The state Supreme Courts ruling will determine whether this extension is going too far. Lawyers at New Jersey law firm Helmer, Conley, and Kasselman, PA, say that while there are many drivers who do not wear their seat belts on the road, their choices should not necessarily lead to criminal charges. If you have violated the states seatbelt law, and are now facing serious charges, contact an attorney at HCK for a free, no-strings consultation. And remember, as we head into winter, stay safe and buckle up!