Tuesday, August 11, 2009

Buckle Up!

Several new traffic laws have gone into effect over the past few months, some of which could lead to drastic consequences. As is very often the case, greater criminal problems result from a relatively harmless initial traffic stop. Law enforcement officials do not need a very strong reason to stop a motor vehicle, so taking note of the following new laws will help prevent you from being pulled over.

Increased Penalty for Seat Belt Violations
Until recently, failure to wear your seat belt while operating or riding in a motor vehicle did not give law enforcement officials reason to stop a vehicle. However, the new seat belt law now makes failure to wear a seat belt a primary moving violation and gives law enforcement officials the legal right to stop a vehicle if it appears someone is not wearing their seat belt. The former version of this law did not give law enforcement the right to stop a vehicle solely for not wearing a seat belt. The new law allows for increased traffic stops, which creates greater risk of further criminal consequences.

Enhanced Child Seat Requirements
Children under the age of eight or under 4 feet 9 inches tall must now ride in a child passenger restraint system if they are passengers in a motor vehicle. If a child passenger reasonably appears to be under the age of eight or under 4 feet 9 inches tall, a police officer may initiate an investigatory traffic stop of the motor vehicle.

GPS Devices on Windshields
GPS devices may now be placed on a driver's front windshield, provided they are placed on the bottom-most part of the windshield. Previously, any type of device or decal that appeared to obstruct a driver's view was grounds for a traffic stop.

These new laws give law enforcement further discretion in initiating a traffic stop. Police officers may now be able to rely on a reasonable appearance of a traffic violation as legal grounds to stop a vehicle, i.e., an officer may be able to testify that it reasonably appeared an individual was not wearing a seat belt or that a child reasonably appeared to be under the age of eight or shorter than 4 feet 9 inches tall. As is too often the case, greater criminal consequences result from a simple traffic stop. Remember, if you find yourself being placed under arrest, ask to speak to an attorney before you talk to the police.

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