Legal Opinion

State v. Swain

Court of Appeals of North Carolina

Decided December 6, 1988No. 882SC202PublishedCited by 3 opinions

1Opinion of the Court

PARKER, Judge.

On appeal, defendant challenges the constitutionality of North Carolina’s mandatory seat belt law, G.S. 20-135.2A, contending that the statute represents involuntary servitude and slavery in violation of the thirteenth amendment and that it also violates the ninth amendment of the United States Constitution. We find these arguments to be meritless, and we uphold the constitutionality of G.S. 20-135.2A.

General Statute 20-135.2A provides the following in relevant part:

Each front seat occupant who is 16 years of age or older and each driver of a passenger motor vehicle manufactured…

2Cases cited8 opinions

  1. Goldblatt v. Town of HempsteadSupreme Court of the United States · 1962
  2. A-S-P Associates v. City of RaleighSupreme Court of North Carolina · 1979
  3. State v. HalesSupreme Court of North Carolina · 1961
  4. State v. AndersonSupreme Court of North Carolina · 1969
  5. People v. KohrigIllinois Supreme Court · 1986

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

3Cited by3 opinions

  1. State v. HartogSupreme Court of Iowa · 1989
  2. State v. LenihanNew Jersey Superior Court Appellate Division · 2012
  3. Byrd v. HuntDistrict Court, M.D. North Carolina · 2001

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