subject: Nj Supreme Court Overrules Kyleighs Law Challenge [print this page] Young drivers in New Jersey must continue to display their age on their licenses, New Jersey criminal attorneys report. The New Jersey Supreme Court voted unanimously this month to uphold Kyleighs Law, a 2010 mandate that requires all state drivers under the age of 21 to display a small red sticker on their license plates. The law has been debated among parents and attorneys since last year, when Gregg Trautmann, a New Jersey criminal attorney, argued that the decals put his sons and other young drivers in danger from predators and age discrimination.
Named for Kyleigh DAlessio, the 16-year-old victim of a 2006 car crash involving a teen driver, Kyleighs Law prohibits New Jersey drivers under the age of 21 from driving between the hours of 11 p.m. and 5 a.m., and places limits on how many passengers a young driver can have in the car. The red decal, displayed in the top left corner of the license plate, alerts police officers that the cars driver must comply with Kyleighs Law. Upon completion of the states Graduated Driver License program, teenage drivers can remove the decal, but until they earn full driving privileges, young drivers risk a $100 fine for driving without the decal.
Trautmann argued that the mandatory red decals violate the federal Drivers Privacy Protection Act, which ensures that a drivers personal information, such as home address and telephone number, is not shared, and guarantees protection from illegal searches and seizures. The red sticker demarcates an under-21 driver, which Trautmann claimed was a violation of personal privacy. He also argued that advertising the age of a young driver can attract possible sexual predators and criminals, citing an instance where a teenage girl was pulled over by a man posing as a cop.
Despite these arguments, the state Supreme Court voted that Kyleighs Law does not violate the Drivers Privacy Protection, because age is not considered personal information on the same level as an address or Social Security number. The decals also serve as a measure to enforce safe driving procedures and ensure safety on the roads, the court said, and are minimally intrusive for a greater purpose.
The New Jersey criminal attorneys at Helmer, Paul, Conley, & Kasselman urge teen drivers to comply with Kyleighs Law and to be aware of the states restrictions on driving hours and passenger load. If your child is caught driving without his or her red decal, or is involved in a driving accident, dont hesitate to call one of our experienced New Jersey criminal attorneys at 877-HELMER1 for a free, no-strings attached consultation.
