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Violation of "Seat Belt" Law May Serve As Predicate Offense - State v. Lenihan, A-4667-10

GUADAGNO, P.J.F.P. (temporarily assigned) writing for the Appellate Division:

"In this case we are asked to determine whether a violation of N.J.S.A. 39:3-76.2f, the 'seat belt law,' can serve as a predicate offense to support a conviction under N.J.S.A. 2C:40-18(b), which proscribes knowingly violating a law or failing to perform a duty imposed by law intended to protect the public health and safety and recklessly causing serious bodily injury.  Defendant appeals her plea-bargained conviction under N.J.S.A. 2C:40-18(b), arguing the law is unconstitutionally vague and the seat belt law is not a law intended to protect the public health and safety as contemplated by this statute. We reject both arguments and affirm."

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