News on Kyleigh’s Law and the Trautmann Suit

7 01 2010

The Daily Record is reporting that Gregg Trautmann’s suit to stop Kyleigh’s Law from going into effect is being challenged the state Attorney General’s office.

The state Attorney General’s office is seeking the dismissal of a lawsuit filed by a Rockaway attorney who wants to block “Kyleigh’s Law” from going into effect this May.

In a motion filed with Superior Court in Morristown, Deputy Attorney General Sudha V. Raja requests an order for summary judgment dismissing the lawsuit filed last April by attorney Gregg Trautmann.

Trautmann is seeking to have Kyleigh’s Law declared unconstitutional.

Named after a 16-year-old West Morris Central High School student killed in a 2006 crash in Washington Township in which another teen was driving, the law will require new motorists — primarily teenagers — to affix detachable decals to their front and rear license plates.

Raja, in her motion, argued that Kyleigh’s Law “is a valid exercise of the state’s police power and is rationally related to the state’s legitimate state interest in enforcing the existing GDL law and in preserving the safety of young drivers.”

“Kyleigh’s Law will aid law enforcement officers to easily identify drivers who are subject to the limitations that exist within the New Jersey GDL program so that these limitations can be enforced, she said.

Trautmann filed suit on behalf of his teenage son and a nephew who would eventually be subject to Kyleigh’s Law. Failure to affix the decals could result in a $100 fine.

“I’m opposed to this whole ‘nanny state’ we’re becoming,” said Trautmann, who argued in his lawsuit that the decals might promote illegal searches by police officers and make young drivers a target for criminals

A trial on Kyleigh’s Law is scheduled to begin Feb. 23, unless the state’s motion is granted.

At this point it doesn’t seem there’s much we can do other than wait and hope the courts side rule against the nanny state.

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2 responses

8 01 2010
Eleutherian

If the case fails, I believe a little civil disobedience is in order. Encourage all underage drivers to not apply the decals, and encourage everyone to (discreetly) remove decals from those who apply them.

When the legal system fails to protect our liberties, we can still take measures into our own hands.

9 03 2010
New Jersey, This Is Your Government « Questing for Atlantis

[...] Kyleigh’s Law Striking Back Against Kyleigh’s Law More News on Kyleigh’s Law News on Kyleigh’s Law and the Trautmann Suit Disappointing News on Kyleigh’s Law Possibly related posts: (automatically generated)More [...]

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