MORRIS COUNTY -- A new law mandating orange decals on vehicles of new drivers to make them readily identifiable to police was upheld today by a judge, and is scheduled to take effect on May 1 as planned.
Attorney Gregg Trautmann filed a lawsuit on behalf of his teen son and nephew against “Kyleigh’s Law,” which will require drivers with learner’s or exam permits or provisional licenses to display the decals on their license plates.
Trautmann argued in Superior Court in Morristown today that the law is unconstitutional because the decals are a “Scarlet Letter” of age discrimination against teen drivers, who would improperly become targets, not only of law enforcement but also perhaps of sexual predators or stalkers.
In dismissing the lawsuit, Judge Robert Brennan said, “Operating a motor vehicle is not a right, it’s a privilege subject to state regulations. Kyleigh’s Law does not violate the constitutions of the United States or New Jersey.”
The law is named after Kyleigh D’Alessio, a 16-year-old honor student from West Morris Central High School killed in a December 2006 car crash that also claimed the life of the teenage driver. Enacted in April, it has not been embraced by everyone.
Tim Dillon’s Facebook page — ‘New Jersey Teens Against Teen Driving Restrictions and Kyleigh’s Law’ — has 8,000 fans. The Franklin Park teen attended today’s hearing, and says he fears for his younger sister, who is about to get a learner’s permit.
“I don’t want her driving around with a sticker on her car that labels her a teen driver. I think it’s dangerous for her,” Dillon, 18, said outside court. “I don’t think a sticker on a teen’s car will change how someone drives.”
Trautmann also argued in court that the decals amount to an unreasonable search and seizure, and violate “equal protection” rights because out-of-state drivers won’t be subject to them — unlike a speed-limit applicable to all drivers.
Brennan disagreed, citing various case laws.