Niewind defends primary seatbelt law against freedom, search arguments

FARGO – North Dakota Highway Patrol Captain Bryan Niewind strongly defended North Dakota’s primary seatbelt law—passed in August 2023 —against common objections regarding personal freedom and allegations of pre-textual stops.

The freedom argument

When asked why some people choose not to wear a seatbelt on The Flag, Niewind acknowledged that the number one objection is the “freedom thing”: “You shouldn’t have to tell me what I need to do the personal freedom I have while I’m driving my car”.

Niewind countered this by pointing out the existing regulations drivers already follow. “Obviously there’s laws you have to follow when you’re driving that vehicle stopping at stop signs, Following the speed limit, Registering your car having insurance,” he said.

Niewind then pivoted to a personal appeal.

“Just don’t do it for yourself. Do it for your family, do it for your friends, do it for your co-workers, for those people that love you,” he said. “Wear it for them.”

Niewind cited compelling data to support the law.

States that enacted a primary seatbelt law before North Dakota did saw their fatal counts dropped by 25 percent.  North Dakota has also seen its own fatal count drop in the two years since the law was passed.

Furthermore, a listener noted that a seatbelt violation could potentially cause insurance rates to double, providing a significant financial incentive to comply.

Addressing law enforcement tactics

Niewind also addressed the suspicion that the law is primarily used to conduct searches, labeling such concerns as inaccurate.

“Our goal is not to stop cars,” he said.

For the agency, he confirmed that “every search that our troopers do gets reviewed by a supervisor.”

He assured listeners that officers who violate people’s rights would face consequences, stating they would either be ‘trained on doing it the correct way or, number two, no longer be working with us.”

The “Outlier” and paramedic perspective

A former paramedic called in to support the law, explaining that the main excuse for not buckling up is a “myth” and that a seatbelt will “save their life or reduce their injuries” 99.9 percent of the time.

Conversely, a listener claimed he survived two severe crashes because he was ejected after not wearing a seatbelt, and that first responders told him he would have died if he wore one.

Niewind immediately labeled this as an “outlier”. He stressed that ejections exponentially increase the risk of death or severe injury, and the seatbelt works with airbags to keep occupants safe “in the cocoon of that car”.

He firmly stated he has never, in 25 years with the highway patrol, told someone they survived because they weren’t wearing a seatbelt.

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