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State v. Krammes

New Jersey Superior Court, Appellate Division


Decided: April 25, 1969.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
RICHARD K. KRAMMES, DEFENDANT-APPELLANT

Gaulkin, Collester and Labrecque.

Per Curiam

[105 NJSuper Page 346]

Defendant was convicted in the municipal court of violation of N.J.S.A. 39:3-76.7, which requires the operator of a motorcycle to wear a protective helmet. Following a trial de novo in the County Court the conviction was affirmed and a fine of $10 was imposed. He appeals.

The sole ground of appeal is that N.J.S.A. 39:3-76.7 is unconstitutional. Defendant argues that the purpose of the legislation is to protect the individual motorcyclist and not the general public, and the requirement that he must wear a protective helmet exceeds the police power of the State. He relies primarily on American Motorcycle Association v. Davids, 158 N.W. 2 d 72 (Mich. Ct. App. 1968), which held unconstitutional a similar statute.

We do not find the Davids case to be persuasive. We conclude that the statute bears a real and substantial relationship to highway safety generally and does not constitute an improper exercise of the police power. See State v. Mele, 103 N.J. Super. 353 (Cty. Ct. 1968); Commonwealth v. Howie, 238 N.E. 2 d 373 (Mass. Sup. Jud. Ct. 1968), certiorari denied 393 U.S. 999, 89 S. Ct. 485, 21 L. Ed. 2 d 464 (1968); State ex rel. Colvin v. Lombardi, 241 A. 2 d 625 (R.I. Sup. Ct. 1968); State v. Anderson, 3 N.C. App. 124, 164 S.E. 2 d 48 (Ct. App. 1968); Everhardt v. City of New Orleans, 253 La. 285, 217 So. 2 d 400 (Sup. Ct. 1968); People v. Carmichael, 56 Misc. 2 d 388, 288 N.Y.S. 2 d 931 (Cty. Ct. 1968); People v. Schmidt, 54 Misc. 2 d 702, 283 N.Y.S. 2 d 290 (Cty. Ct. 1967).

Affirmed.

19690425


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