People v. Henninger

The defendant was charged with and convicted of riding as a passenger on a motorcycle without glasses, goggles or a transparent shield in violation of section 11 — 1404 of the Motor Vehicle Code. (Ill. Rev. Stat. 1973, ch. 951/2, par. 11 — 1404.) After a finding of guilty in a bench trial, the defendant was fined $5 plus court costs. Upon this appeal, the only issue is the constitutionality of .the cited section of the Motor Vehicle Code.

Our supreme court has held a prior statutory provision requiring the operator of a motorcycle to wear protective headgear to be unconstitutional. (People v.…