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State v. Krammes

Superior Court of New Jersey, Appellate Division
Apr 25, 1969
105 N.J. Super. 345 (App. Div. 1969)

Opinion

Argued April 14, 1969 —

Decided April 25, 1969.

Appeal from County Court, Somerset County, Law Division

Before Judges GAULKIN, COLLESTER and LABRECQUE.

Mr. Richard J. Schachter argued the cause for appellant ( Messrs. Halpern, Schachter Wohl, attorneys).

Mr. Raymond R. Trombadore, Assistant Prosecutor, argued the cause for respondent ( Mr. Michael R. Imbriani, County Prosecutor, attorney).


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.2d 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.2d 373 ( Mass. Sup. Jud. Ct. 1968), certiorari denied 393 U.S. 999, 89 S.Ct. 485, 21 L.Ed.2d 464 (1968); State ex rel. Colvin v. Lombardi, 241 A.2d 625 ( R.I. Sup. Ct. 1968); State v. Anderson, 3 N.C. App. 124, 164 S.E.2d 48 ( Ct. App. 1968); Everhardt v. City of New Orleans, 253 La. 285, 217 So.2d 400 ( Sup. Ct. 1968); People v. Carmichael, 56 Misc.2 d 388, 288 N.Y.S.2d 931 ( Cty. Ct. 1968); People v. Schmidt, 54 Misc.2 d 702, 283 N.Y.S.2d 290 ( Cty. Ct. 1967).

Affirmed.


Summaries of

State v. Krammes

Superior Court of New Jersey, Appellate Division
Apr 25, 1969
105 N.J. Super. 345 (App. Div. 1969)
Case details for

State v. Krammes

Case Details

Full title:STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RICHARD K. KRAMMES…

Court:Superior Court of New Jersey, Appellate Division

Date published: Apr 25, 1969

Citations

105 N.J. Super. 345 (App. Div. 1969)
252 A.2d 223

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