Violation of "Seat Belt" Law May Serve As Predicate Offense - State v. Lenihan, A-4667-10
Tuesday, August 14, 2012
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."
More after the jump...
"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."
More after the jump...
