Not wearing a seat belt may be a crime in NJ

Not wearing a seat belt can be considered a crime in New Jersey if the driver violates a law intended to protect the public, is proven to have demonstrated recklessness and kills someone, according to a recent State Supreme Court ruling involving a case in Sussex County.

"The second-degree crime is punishable by a maximum of 10 years in prison," according to Patrick Sheehan, a senior assistant prosecutor in Ocean County.

A Supreme Court ruling on Sept. 18 in Sussex County set a precedent regarding the law. In that incident, an unbuckled teen driver under the influence of a chemical intoxicant was indicted for recklessly causing the death of her front seat passenger and not requiring the victim to wear a seat belt.

"There is a distinction," Sheehan said. "If two people are driving in a motor vehicle and neither one is wearing their seat belts and the driver is going too fast or blows a stop sign and the passenger is killed, that might not be absent proof of recklessness. Without proof of recklessness, there is not a crime."

Criminally violating the seat belt law is becoming more common in cases of drunken driving and driving under the influence of new drugs on the market, according to Sheehan.