High Court buckles down on "Click it or Ticket" law

By Maureen O'Hagan
Seattle Times staff reporter

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That was the ruling out of the Washington Supreme Court yesterday, which overturned a lower-court ruling that the state seat-belt law was so vague it was unconstitutional.

"Washington's seat-belt law is hardly a model of clarity," the 7-2 majority wrote. However, the justices said, the law is clear enough that it's not necessarily unconstitutional.

Washington has required most drivers and passengers to wear seat belts since 1986. For years, seat-belt tickets could be issued only if the officer had another reason to stop a car — say, for speeding.

In 2002, however, failing to wear a seat belt became a primary offense, meaning officers could stop cars solely on the basis of a seat-belt violation.

And recently, the state stepped up its efforts to enforce the law as part of a campaign, called "Click it or Ticket," which started in July 2002 with the purpose of improving highway safety.

Yesterday's ruling came in the case of Trevor Eckblad, who was a passenger in a truck on Highway 20 in Skagit County in February 2003. A state trooper stopped the truck because a passenger wasn't wearing his seat belt.

The trooper found more than just a safety violation, however. There were warrants out for the arrest of the unbelted passenger. Then, upon a search of the truck, the trooper found a handgun, which Eckblad admitted was his. Since he had prior convictions for assault and forgery, he was charged with being a felon in possession of a firearm.

Eckblad argued to a Skagit County judge that the seat-belt law was unconstitutionally vague; as such, the officer had no right to stop and search the truck. Therefore, the evidence against him should be thrown out.

Skagit County Superior Court Judge Susan Cook agreed, ruling in May 2003 that the seat-belt law was too confusing.

The law says that seat belts must be worn in vehicles that meet "federal motor vehicle safety standard 208." How would an ordinary person know whether their car met standard 208, she asked.
 
Since then, some law-enforcement agencies in Skagit County have stopped ticketing for seat-belt violations. The Washington State Patrol, however, continued to enforce the law.

"It saves lives," said Lt. Jeff Sass.

The state appealed Cook's ruling.

Writing for the high court's majority, Justice Tom Chambers said "an ordinary citizen reading this statute is put on notice that there is a general obligation to wear a seat belt." And Eckblad, he pointed out, never said that he thought he was exempt.

The high court left open the possibility, however, that it may find the law unconstitutional if faced with a case where a driver or passenger "reasonably believes" he or she is exempt from the confusing law.

Skagit County law-enforcement agencies have agreed to a week's grace period, during which they will issue only warnings to seat-belt scofflaws. After Oct. 21, they will begin ticketing again.

Maureen O'Hagan: 206-464-2562 or mohagan@seattletimes.com