541 N.E.2d 475 | Ohio Ct. App. | 1988
On July 5, 1986, Kelly L. Batsch, appellant, was clocked by aircraft eastbound on Interstate 76 at seventy-seven miles per hour in a posted fifty-five-miles-per-hour speed zone. He was flagged over by Trooper Thomas P. Esenwein. He slowed down but continued driving. A second trooper, Phillip T. Shaeffer, pursued appellant and stopped him. Trooper Shaeffer observed that appellant did not have his seat belt buckled.
Appellant was charged with exceeding the speed limit, failure to comply with a lawful order and failure to wear a seat belt. At trial, appellant filed a motion to dismiss the seat belt charge, contending R.C.
Appellant has appealed the judgment of the trial court and has filed the following two assignments of error:
"1. The trial court erred in not finding section
"2. * * *"1
Appellant first contends that the court erred in not holding R.C.
Legislation promoting the state's interest in protecting the health, safety and welfare of its citizens is a proper exercise of the state's police power. A law compelling motorists to use a seat belt promotes such a state interest. It not only saves lives, but it promotes the welfare of its citizens since the results of death or severe injuries often lead to the state's providing long-term care at taxpayers' expense to those injured. In addition, the wearing of a seat belt secures a driver in his seat making it easier for him to retain control of his motor vehicle and thus reducing the chances that sudden emergencies on the road may cause him to lose control of his vehicle and collide with other vehicles.
We conclude R.C.
Judgment affirmed.
CHRISTLEY, J., concurs.
FORD, P.J., concurs in judgment only.