People v. Newhouse
| Decision Date | 22 January 1968 |
| Citation | 55 Misc.2d 1064,287 N.Y.S.2d 713 |
| Parties | PEOPLE, Plaintiff, v. Stephen J. NEWHOUSE, Defendant. |
| Court | New York City Court |
Mathew J. McHugh, City Prosecutor, Ithaca, for the People.
Stephen J. Newhouse pro se.
It appears the Defendant was issued a uniform traffic ticket in the City of Ithaca on April 5, 1967 for violating Section 381 Subdivision 6 of the Vehicle and Traffic Law for not wearing a helmet while operating a motorcycle. He appeared before this Court on April 7, 1967 and made a motion to dismiss the ticket on the ground the law was unconstitutional. On September 29, 1967 he submitted his memorandum in support of his motion.
I reject the arguments raised by the Defendant in his memorandum that the statute is unconstitutional for reasons that it is too vague and indefinite and that it unreasonably limits one's personal freedom.
A Court is required to give every presumption in favor of the validity of a statute and to construe it if possible in favor of its constitutionality. See McKinney's Cons.Laws of N.Y., Book 1, Statutes Section 150, Richards v. Scharmann, 97 Misc. 143, 161 N.Y.S. 109 (1916).
The fact that the statute delegates authority to the commissioner of motor vehicles to adopt regulations with respect to the type of helmet or specifications does not render the statute unconstitutional. Many statutes refer the adoption of rules and specifications to boards or agencies. See Section 27--a of the Labor Law.
With respect to the argument that the section is vague and indefinite the Court of Appeals has heretofore found Section 1180(A) of the Vehicle and Traffic Law dealing with imprudent speed and Section 375(31) dealing with noisy mufflers constitutional even though the same arguments concerning vagueness were raised. See People v. Nappi, 18 N.Y.2d 136, 272 N.Y.S.2d 347, 219 N.E.2d 176 (1966) and People v. Byron, 17 N.Y.2d 64, 268 N.Y.S.2d 24, 215 N.E.2d 345 (1966).
As for the Defendant's argument that the section limits one's personal freedom I find the argument untenable. In an organized society every person is required to exercise a certain amount of restraint and limit certain of his animal instincts, in order to exist, without complete chaos taking place. For example, the enactment of speed limits curtails one's rights; the enactment of certain health laws such as quarantines or the requirement of inoculations curbs one's rights not to submit to them; the limitation of...
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...Anderson, 3 N.C.App. 124, 164 S.E.2d 48 (1968); New Jersey v. Mele, 103 N.J.Super. 353 247 A.2d 176 (1968); People v. New-house, 55 Misc.2d 1064, 287 N.Y.S.2d 713 (City Ct.1968); People v. Carmichael, 56 Misc.2d 388, 288 N.Y.S.2d 931 (County Ct.1968), rev'ing 53 Misc.2d 584, 279 N.Y.S.2d 27......
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...by commissioners is neither vague nor uncertain and is constitutional. This was then followed on January 22, 1968, by People v. Newhouse, 55 Misc.2d 1064, 287 N.Y.S.2d 713, where the City Court of Ithaca, New York held that the statute requiring the use of helmets by motorcyclists was a rea......
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