seat belts

I have no idea about the traffic laws in Michigan. Just call your local police department and ask them your question. In WA, improper use is the same as not wearing one. I think the ticket is about $112 btw.

See: Michigan State Police Website

The Michigan State Police Website provides a link to the law. Here's an excerpt:



Seat belt must be both "properly adjusted" and "fastened." Even if your belt is fastened, if it is not "properly adjusted," you are in violation of the law. However, the law does not specifically define what the phrase "properly adjusted" means. Perhaps it means wearing the lap belt strapped tightly to your lap and the shoulder belt over your shoulder--or perhaps it means something else--we don't know because the phrase is not defined.

I have often shoved the shoulder belt under my arm in frustration because it was cutting into and chaffing my neck. That constant rubbing on my neck was causing discomfort, irritation, and distraction to the point that I couldn't stand it anymore.

Hmmmm. Just throwing out some "off the cuff" thoughts:

Maybe the safety belt was "properly adjusted" for you and your circumstances at the time because the belt, when you wore it over your shoulder, was cutting into and chaffing your neck, which in turned caused, pain, discomfort, and distraction from your driving? Therefore, maybe you "properly adjusted" the shoulder strap to a position under your arm where it would no longer cause detrimental harm to your body and distraction from your duty to drive attentively and safely on the roadway?

If it is worth your time, effort, and money, perhaps you could wage a "void for vagueness" as applied constitutional challenge to the statute because the phrase "properly adjusted" is not defined and it may mean different things to different people depending on their circumstances. You may possibly challenge the ticket and claim as your defense that you did not violate the law because the belt was "properly adjusted" in accordance with your particular circumstances--and if the law is construed to deny you this defense, then the law is possibly unconstitutional as applied because a person should not be required to drive in distracted pain with the shoulder belt cutting into and chaffing your neck in order to comply with the seat belt law and avoid a monetary fine. The law should be construed to allow a person to adjust the belt so that it doesn't cut into and chaffe his/her neck and cause painful distraction. If wearing the safety belt over the shoulder is not contributing to your safety, but rather is causing detriment to your safety, then any possible rationale for interpreting the law to require that a shoulder belt be absolutely in all circumstances and at all times be worn over shoulder is defeated--it's irrational and a possible violation of due process.

However, unless you have the time to go to court and the skills to challenge the law and/or ticket on your own or unless you find a pro bono legal services provider or unless you're willing to pay a legal representative mega bucks to challenge the ticket and/or law upon which it was based, you may have no other choice but the pay the ticket and move on with your life.

Consult with a local attorney!!!

I should add a caveat to the "consult with a local attorney" suggestion. Unless you obtain a free initial consultation, the cost of consulting a lawyer might be more than the fine for the seat belt violation.

Pay it, and wear your seat belt the right way every time you drive or ride.. Just ask the governor of New Jersey.