People v. Carmichael

The defendant was charged with violation of subdivision 6 of section 381 of the Vehicle and Traffic Law in that he operated a motorcycle without a protective helmet on February 15, 1967 in the Town of Oakfield, G-enesee County, New York. The defendant appeared in court to answer the charge and raised the issue that the subdivision of the statute under which he was charged is unconstitutional.

Subdivision 6 of section 381 of the Vehicle and Traffic Law, designated ‘ ‘ Motorcycle equipment ’ ’ reads as follows: “It shall be unlawful, on and after January first, nineteen hundred sixty-seven, for…