A driver who fails to use a seat belt or fails to require a passenger to use one may be convicted of a criminal offense if there is an accident resulting in serious injury or death, the Jersey Supreme Court ruled on Sept. 18th, 2014. Each case will be determined on its own facts, but now there is precedent in New Jersey which allows the police to charge you with a crime should an accident occur leading to an injury of a passenger in your car who did not wear a seatbelt. The charge will now be allowed under N.J.S.A. 2C:40-18—that criminalizes knowingly violating a “law intended to protect the public health and safety” through reckless conduct that injures another. The Supreme Court found that 2C:40-18 encompasses the Seat Belt Law.
One more reason to ALWAYS have everyone in the car wear their seat belts.