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I recently received a ticket just for not wearing my seat belt, and i need help to understand how this is constitutional.

Big Rapids, MI |

i have read the US Constitution and cant see how i have done anything wrong
as i have not infringed on anyone else's rights directly or indirectly according
to the 14th amendment. and now i have had my licence suspended.
and after being notified that my drivers licence was suspended. i have re read the US Constitution and from my understanding by them suspending my licence, they have infringed
on my 1st amendment rights regarding, freedom of speech, freedom of religion, and my right to assemble, and my right to heathcare. as i have no other method to travel to do such things without being able to drive to such places
also it is infringing on my 4th amendment right as i have done nothing to suspect anything criminal for them to pull me over, and seatbelt law clearly states its not criminal

and as i understand the 4th requires a oficer of the law to take a oath or affirmation, in witch they all state that they will fully will protect and serve the people and the United States Constitution . woulden't this Constitute them breaking their oath or affirmation. as it would presume they know the rights of the people and the rights given to all of us in the Constitution .

Attorney Answers 4

  1. The state has the right to require you to wear a seat belt, this is not a violation of the constitution. This type of law falls under the state's police powers and does not infringe on any one individuals rights. Nor is this a violation of your 1st amendment right. Moreover, having a license is a privilege not a right, and thus if you accumulate too many tickets or are convicted of certain crimes you can and will have your license suspended. Sorry, but this is the world we live in.

  2. The other attorney is correct. Nevertheless, you continue to challenge his answer in such a manner that indicates that you have an extremely flawed understanding of constitutional law and its application. Therefore, I doubt that there is anything I can say to you to persuade you that you are incorrect. Plus, it would take a great deal of time to explain why your analysis and application is wrong on the numerous points of law you raise. Don't you think if seat belt laws were unconstitutional they would have already been challenged by now?

    You may challenge your suspension on constitutional grounds, but you will not be successful and there is no attorney out there that would make such a legally frivolous and unsupportable argument. In fact if an attorney were to advance the arguments that you make in your question and your comment to Mr. Jones that attorney would probably be sanctioned for making a claim or defense without legal merit. Perhaps you should consider taking a class on constitutional law. Some law schools may let you take a class for no credit and no grade without being enrolled.

    DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights.

  3. Reviewing both your posting and subsequent commentary, I think you are absolutely correct. The state CANNOT make you wear a seatbelt in your own car on your own land. Once you venture out on the public highway, however, you have to follow the law or pay the consequences. If you do not go to court, the ticket will default. If you do not pay, a bench warrant will issue. If you are found, you will be arrested. You can then bond out or sit in jail. In Hillsdale you might even be charged with absconding, but who knows what the custom is in Bay City. Then, you will likely face "pay or jail" and you can either pay or sit in jail. Your license might be suspended. Of course, the state cannot force you to have a license to drive on your own land. Just on the public highway. You have no right to health care, at least until ObamaCare kicks in when you will have to take exactly the health care you are prescribed. There is no religion as to seat belts. As to freedom of speech, you can criticize seat belts all you want. As to 4th Amendment, you do not undergo an illegal search. What you fail to understand is that you have absolutely no power whatsoever to avoid paying for your civil infractiion Resistance is futile. But, you do have the right not to pay the ticket, and the state has the power to lock you in a cell for not paying.

    I do take Constitutional cases like these on a paid basis. My fee is 15,000 one ounce gold coins (Maple Leaf, US Gold, Krugerand), paid up front.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

  4. You are misguided. You maintain the general right to assemble, speak, practice your religion and even bear children. These are FUNDAMENTAL rights under the Constitution, but driving was not listed as one of those very important rights because everyone rode horses. If the matter is not a Fundamental right, the State merely needs to establish a rational basis for the law to pass muster under the US Constitution. Mandating seat belts so that government employees do not have to clean you up off the street would probably pass that test.

    Your inability to drive is a privilege rather than a right. They did not have to give it to you, they do not have to let you keep it, and you cannot make them give it back as long as they give you due process on both ends. The Constitution, despite popular belief, does not empower you to do whatever you want. It merely restricts the Government from infringing upon your enumerated rights without good cause.

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