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50 State Zero Tolerance For Seat-Belt Violators

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    J.A.I.L. News Journal Los Angeles - November 21, 2000 ____________________________________________________ Listen to HotSeat4Judges daily on Internet Radio
    Message 1 of 1 , Nov 21 11:44 PM

      J.A.I.L. News Journal
      Los Angeles - November 21, 2000
      Listen to HotSeat4Judges daily on Internet Radio M-Th, 6-7 pm P.T.
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      50 State Zero Tolerance For
      Seat-Belt Violators

      Thanksgiving seatbelt crackdown may cause huge traffic jams across USA.

      WASHINGTON, DC -- Americans who like holiday traffic jams will
      have plenty to be thankful for during this Thanksgiving weekend: Swarms of police officers in all 50 states will be setting up random
      checkpoints to crack down on seatbelt violators.

      "Federal bureaucrats plan to throw a roadblock in front of your holiday travel plans," warned Steve Dasbach, the Libertarian Party's national director. "They've decided that enforcing seatbelt laws is so important that they're willing to snarl traffic, interrogate motorists, write tickets, and ruin your holiday drive.
      On Monday, U.S. Transportation Secretary Rodney Slater announced a "zero-tolerance" policy for seatbelt violators, and said 10,000 police departments in all 50 states will be mobilized to use roadblocks, checkpoints, and unmarked patrol cars to track down disobedient motorists.

      Unfortunately, if you happen to forget to buckle up, you might suffer from something much worse than a traffic jam. "Thanks to draconian seatbelt enforcement policies, you might get pulled from your car, handcuffed in front of your children, and dragged off to jail -- all for the crime of forgetting to wear a seatbelt," said Dasbach. "And that's no exaggeration: That's exactly what happened to Gail Atwater of Lago Vista, Texas, in 1994."

               Atwater, America's most famous seatbelt criminal, was returning
      from a soccer practice with her two small children when she was pulled
      over, arrested, handcuffed, and jailed simply because she hadn't
      buckled up. She sued, alleging excessive force, and the case, Atwater vs. Lago Vista, will be heard by the U.S. Supreme Court on December 4.
      The one potentially positive aspect of such random police roadblocks, said Dasbach, is that they may make many Americans rethink their support of such meddlesome "victimless crime" laws. "Most Americans who originally supported seatbelt laws probably never thought that it would threaten their right to drive down the highway without being stopped at a police roadblock and interrogated like a criminal -- but that's exactly what's going to happen over Thanksgiving weekend in all 50 states," he said. ....  *
      News From The Libertarian Party
      George Getz, Press Secretary
      Phone: (202) 333-0008 Ext. 222
      E-Mail: pressreleases@...

      * Five days after the seat-belt law took effect in California, Branson wrote a booklet entitled, "Three Reasons Why Police Increase Crime." While the title seems shocking, its logic is not. For instance, police action is undisputedly the use of emergency force. The health of society is not based upon the number of emergencies it can deal with, no more than one who has been rushed to the hospital six times in the last year can boost that they are healthier than one who has been rushed to the  hospital only once in the same period. And as two aspirins, which are not considered food for consumption, may be good for a headache,  but a bowl full of them with cream and sugar for breakfast will kill you. Just so, limited police power is good for society, but in quantity it will absolutely destroy any society. A couple of security guards protects the profits of a store, but too many security guards will totally bankrupt the business, leaving nothing to guard. There can be no other conclusion.  His booklet gives many illustrations of this principle, which our Founding Fathers described as, "He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance." Dec. of Indep.
      In his second reason he writes, "January 5, '93, now five days into the new seat-belt law, the news is this moment reporting a 30-minute police high-speed pursuit throughout the City of Los Angeles after a police officer observed a driver not wearing his seat belt. Immediately after the driver realized that the officer showed interest in his not wearing a seat belt, the driver started fumbling with it attempting to buckle up. However, the distraction from his driving caused him to go through a red light. (Would it be fair to conclude that the driver's act of attempting to fasten his seat belt indicated an initial intent to stop for the officer? A person intending to escape would not be concerned with seat belts).
      After going through the red light, the driver unwisely decided to flee. The chase has expanded to three or more police cars with a helicopter above chasing this seat-belt offender for 30 dangerous minutes before bringing him to a stop at 6th and Union downtown Los Angeles.
      In analyzing this incident and concluding that the driver should not have fled, nevertheless, a life could not have been recovered of one who might have been killed in enforcing the seat-belt law here. After all, public safety is the only alleged reason for this law, and the seat-belt violation was the sole reason upon which the police had probable cause to make the stop. Yet it was public safety -- the very object of the law -- that was being endangered! Enforcement of the seat-belt law attacks the very purpose of that law, i.e., public safety! While no one was killed or injured in this particular incident -- helicopter and all, is there anyone who doubts for one minute that there will be deaths or injuries in future incidents of this type? It would be naive to think not."
      Once J.A.I.L. becomes law, we shall certainly see many such laws as mandatory insurance and seat-belt violations come under Constitutional attack, placing all judges across this nation on the defensive to protect those laws at the risk of their loosing their life-long careers. Most will crumble, having no defense as against the innumerable Constitutional challenges that will be made in the courts. Branson estimates the eventual downfall of some 80 to 85% of the laws.

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