State v. Also

KRUCKER, Chief Judge.

Defendant-appellant, Irvin Also, was convicted of failure to wear protective headgear while operating a motorcycle, as provided in A.R.S. § 28-964 and was fined $10. He appealed to the superior court which, trying the case de novo, affirmed the fine. Defendant now appeals to this court, challenging the statute’s constitutionality. 1

A.R.S. § 28-964 provides :

“Motorcycles and motor driven cycles; required equipment; exception

“A. The operator and passenger of a motorcycle or motor driven cycle shall at all times, while operating or riding on such motorcycle or motor driven…