Legal Opinion

State v. Kirby Lenihan (071497)

Supreme Court of New Jersey

Decided September 18, 2014No. A-45-12PublishedCited by 32 opinions

1Opinion of the Court

Judge RODRÍGUEZ

(temporarily assigned) delivered the opinion of the court.

Pursuant to N.J.S.A. 2C:40-18b, it is a third-degree crime when a person “knowingly violates a law intended to protect the public health and safety or knowingly fails to perform a duty imposed by a law intended to protect the public health and safety and recklessly causes serious bodily injury.” The issue in this case is whether N.J.S.A. 39:3-76.2f, the Mandatory Seat Belt Usage Law, can be deemed “a law intended to protect the public health and safety,” or a predicate offense within the meaning of N.J.S.A. 2C:40-18b. We…

2Cases cited36 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  3. State v. GandhiSupreme Court of New Jersey · 2010
  4. Nicholas v. MynsterSupreme Court of New Jersey · 2013
  5. O'CONNELL v. StateSupreme Court of New Jersey · 2002

31 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. New Jersey Firemen's Ass'n v. DoeSupreme Court of New Jersey · 2017
  2. State v. MunafoSupreme Court of New Jersey · 2015
  3. Imo Registrant N.B. (073613)Supreme Court of New Jersey · 2015
  4. Rachel A. Parsons v. Mullica Township Board of Education(075859)Supreme Court of New Jersey · 2016
  5. In re G.H.New Jersey Superior Court Appellate Division · 2018

27 more not listed; retrieve them via the Exa API.

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