concurring specially:
I concur in today’s pronouncement by the majority only because the law as applied to these facts compel me to. “The Act”, 47 O.S.1991 § 12-416 et seq., as written does not mandate seatbelt use by all occupants of a vehicle and is therefore a misnomer. Seat belt use is no longer in its infancy. Seat belts save lives.
Today we restrain the Comers because the Legislature has restrained us.
It is the “Marie Comers” on our roadways today that need to be restrained, not surviving families nor the courts, and it is for that reason that I write separately.
I applaud the majority’s renewed call to the Legislature to right this wrong.