Monday, August 13, 2012

Garden State Supremes bless law requiring learners' decals on their cars


Supreme Court of New Jersey.

Douglas TRAUTMANN, an infant by his guardian ad litem, Donna TRAUTMANN and Thomas Struble, an infant by his guardian ad litem, jayneann struble, Plaintiffs–Appellants,
v.
Chris CHRISTIE, Governor of the State of New Jersey and State Of New Jersey, Defendants–Respondents.

Argued May 8, 2012.
Decided Aug. 6, 2012.

SYNOPSIS


Background: Mothers, on behalf of their children, brought action against governor seeking declaratory and injunctive relief on the grounds that law that required drivers who operated a car under the authority of a special learner's permit, examination permit, or probationary license to display a decal on their car was preempted by federal law and violated the constitution. The Superior Court, Law Division, Morris County, dismissed action. Mothers appealed. The Superior Court, Appellate Division418 N.J.Super. 559, 15 A.3d 22, affirmed. Mothers appealed.


Holdings: The Supreme Court held that:
(1) statute that required drivers who operated a car under the authority of a special learner's permit, examination permit, or probationary license to display a decal on their car did not violate the Federal Driver's Privacy Protection Act;
(2) statute did not violate equal protection clause of the federal constitution; and
(3) statute did not constitute an unreasonable search and seizure in violation of the constitution.

Affirmed.





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