Drivers, Babysitters and Caregivers BEWARE!

New case law from the Appellate Division places everyone on notice that there are serious consequences for anyone who does not use a seatbelt for anyone under the age of 18. In the case of State v. Lenihan, the Court issued an opinion on August 13 that the failure of a driver to ensure that a minor passenger is using a seatbelt can be used to support a prosecution for the crime of knowingly failing to perform a duty imposed by law intended to protect public safety pursuant to N.J.S.A. 2C:40-18(b). In Lenihan, the defendant operated a motor vehicle with a 16-year old passenger in the front seat. Neither the defendant nor the passenger was wearing a seat belt and, as it was later discovered, both the driver and the passenger were under the influence of inhalants from a practice known as "huffing". Not surprisingly, the vehicle was involved in an accident and both she and her 16-year old passenger sustained major injuries, culminating in the unfortunate death of the passenger. The defendant was indicted and subsequently pled guilty to violation of N.J.S.A. 2C:40-18(b). The Appellate Division went through an exhaustive examination of the N.J.S.A. 39:3-76.2, also known as the Passenger Automobile Seat Belt Usage Act of 1984 (the seatbelt statute). That statute, according to the court, clearly and unambiguously makes the driver responsible for seeing to it that all passengers are properly using a vehicle’s seatbelts. Based upon this mandate, the Appellate Division held that the seatbelt law in New Jersey is broadly intended to protect not only individual people in motor vehicles but the public safety in a general sense. As such, the failure of the driver to ensure that her minor passenger was using the vehicle's seat belt properly and that passenger later sustains (at a minimum) significant bodily injury as a result of an accident can be prosecuted for violating N.J.S.A. 2C:40-18. Click on State v. Lenihan for the entire opinion. By: Gavin Handwerker, Esq. For more information or to reach Mr. Handwerker for other legal matters, email him at gih@beinlaw.com.