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Live Free or Die ... Buffalo

As a reporter, I get the chance to talk to a lot of people representing a cross-section of Western New York. One of the most common topics of conversation seems to be (especially if they know I write about legal issues) the idea that we are burdened with too many personal choice laws. For example, when it comes to choosing to wear a seat belt (or not) isn't that up to the individual?
I returned yesterday from a trip to my native New Hampshire, a state with the motto, "Live Free or Die." As you might expect, a motto like that takes some work to live up to, and in the Granite State they take it quite seriously.
Though I return home typically twice each year, it still takes some time to adjust to the site of these carefree folks living life as though there isn't an unmarked cruiser just waiting to hit them with an $85 ticket for talking on their cell phone while driving. Of course, like any state in financial trouble, this $85 ticket in New York could cost significantly more thanks to the state mandated surcharge on every ticket issued.
Several of the other "Live Free or Die" rules in New Hampshire also center around driving. For example, cross over the State line on Route 95 and you will notice a large sign welcoming you to New Hampshire. It notifies motorists that seat belts are required by law for those under the age of 18, and are "common sense for everyone."
That's right, drive through New Hampshire and you are in rare air as it is the only remaining state in the nation that does not mandate seat belt use by adults. Some might argue that they need to change the motto to "Live Free and Die" but they seem to be doing just fine with the hands-off approach to your personal space.
As you are zipping along I-95 heading into the heart of the Seacoast, your seat belt discarded and your cell phone glued to your ear, you might observe another sight that seems oddly out of place. Motorcycle after motorcycle zooming past you, riders with their hair blowing in the breeze, unencumbered by bulky helmets.
That's right, helmets are optional in the Granite State.
Just to recap: In New York State, scofflaws of the driving laws will pay ... dearly. Fail to buckle up and your wallet will be lightened by as much as $150; dare to answer your phone and while your plan may include free minutes, the state will charge you as much as $200; and if you get caught zipping through traffic on the 290 on your crotch rocket sans headgear, it will cost you. How much? I was not able to determine that answer from the immense vat of information on the DMV site, though they do offer a 52 page manual on everything one needs to know when riding a motorcycle in the Empire State. Though I can't say how much the fine is, given the fact that I have never seen a single cyclist riding helmet-free, I assume it must be steep.
There are of course, two issues this leaves to be answered. First, are the highways and byways of New Hampshire littered with the corpses of unbuckled, helmetless chatty drivers?
To get the answer to this question, I spent a good chunk of my Saturday morning at the local coffee shop in the small town where I was staying. Though I don't drink coffee, I took a seat at the counter knowing this is where you get to talk to the people in the know. After exchanging pleasantries with a few of the four or five gentlemen each nursing a cup of Joe, I broached the topic of the various driving laws. I explained what I did for a living and suddenly everyone wanted to chime in.
Asked about fatalities on the roadways linked to seat belts, helmets and cell phones, George, a 60ish looking man at the end of the counter who professed to have read the local paper every day for the last 40 years without missing a day, said it's no bigger deal than anywhere else. Sure, they have an accident here or there, but nothing out of the ordinary.
His sentiment was echoed by his coffee mates who each struggled to recall more than one or two accidents linked to the carefree lack of rules in New Hampshire.
I myself thought of several motorcycle fatalities just in the last several months in our region in addition to the crashes linked to cell phones and those killed when they were ejected from vehicles while not wearing a seat belt. I mentioned this to my new friends and the collective response was something of a cross between a snort and a chuckle. George spoke up first.
"Laws don't keep people safe," he said. "They make money for the people enforcing them."
Interesting. Still, it made me wonder, why would a state pass on all of that free money, essentially a tax on its citizens who refuse to follow the rules? After chatting with my new friends a bit longer, I learned at least one reason why.
The salary for a member of the New York State Assembly is $79,500. This doesn't count the cost of staffing, offices, and other perks, per diems, etc. The salary of a New Hampshire State Senator is $100 ... per year. You've got to issue a heck of a lot of tickets to pay for the pols in New York. New Hampshire, it seems, takes a more old school approach to politicians truly being servants to the people and thus, has less pressure to generate cash via traffic tickets.
As I rose and dropped a few bills on the counter to pay my check, I thanked the gentlemen for their time and headed out into the bright sunshine. I jumped in the car, and headed down the highway to meet a friend and hit some golf balls. Along the way I passed plenty of helmetless cyclists and beltless drives, but for the four days I was in the state I didn't see a single accident.
Then again, I might have missed one or two, I was busy talking on my cellphone.


