People v. Smallwood
| Decision Date | 14 February 1967 |
| Parties | PEOPLE of the State of New York, Plaintiff, v. Edward C. SMALLWOOD Defendant. |
| Court | New York Court of Special Sessions |
The defendant was arrested in the Town of Irondequoit, January 7, 1967, while operating a motorcycle and was charged with the violation of the Vehicle and Traffic Law, Section 381, subd. 6. The defendant, pursuant to the summons served upon him appeared, January 10, 1967, pleaded not guilty, deposited $5.00 bail and the case was adjourned to January 17, 1967 for trial. Upon the trial, it was testified by New York State Trooper R. A. Endres that the defendant was wearing a knitted-ski-type hat with no chin or neck strap and no reflectors. The defendant, who was not represented by attorney, testified that the People's evidence was substantially correct and that he was not wearing a hard hat, sometimes known as a protective helmet, but raised the question that the particular sub-section of this Section of the Vehicle and Traffic Law was unconstitutional. This Court adjourned the case to January 31, 1967 for decision, at which time it was again adjourned until February 14, 1967 for decision.
The Vehicle and Traffic Law, Section 381, designated 'Motorcycle Equipment', subd. 6, reads as follows:
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The purpose of this statute is stated by a Committee appointed by the Commissioner of Motor Vehicles in 1965 to be the imposition of certain requirements for the equipment of motorcycles and the riders thereof and was drafted based on certain statistics elicited from the accident and registration records of motorcycles and their operators in an enlightened attempt, in the drafting of the statute, to minimize head injuries.
The Legislature in its wisdom made certain guide lines, namely, that the protective helmet must be equipped with either a neck or chin strap and be 'reflectorized' on both sides. The Legislature, however, permitted the actual approved type and manufacturer to be determined, as amended, at the will of the Commissioner of Motor Vehicles.
The charge here is not for a crime, but for a 'traffic infraction'; however, the rules of criminal law are applicable to such prosecutions (People v. Hilldebrandt, 308 N.Y. 397, 126 N.E.2d 377, 49 A.L.R.2d 449). Laws which create crime ought to be so explicit that all men subject to their penalties may know what acts it is their duty to avoid, (People v. Grogan...
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...argues that the statute is unconstitutionally vague and must be stricken as void. The case appellant cites, People v. Smallwood, 52 Misc.2d 1027, 277 N.Y.S.2d 429 (1967), has itself been overruled. See People v. Schmidt, 54 Misc.2d 702, 283 N.Y.S.2d 290 (1967). Further, promulgation of stan......
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