STATE v. FAZEKAS


238 N.J. Super. 403 (1989)

569 A.2d 913

STATE OF NEW JERSEY v. DANIEL PHILLIP FAZEKAS, DEFENDANT.

Superior Court of New Jersey, Law Division Warren County.

Decided November 6, 1989.


Attorney(s) appearing for the Case

W. Carey Edwards, Attorney General of New Jersey for the State, (James J. Ciancia, Assistant Attorney General, of counsel) (Louis T. DeLucia, Deputy Attorney General on the brief).

Michael J. Perrucci, for the defendant.


AAROE, J.S.C. (retired and temporarily assigned on recall).

The Attorney General appeals the Municipal Court's decision which held the seat belt law, N.J.S.A. 39:3-76.2f, unconstitutional. The Court also found the defendant guilty of operating while under the influence of alcohol, N.J.S.A. 39:4-50, and making an unsafe lane change, N.J.S.A. 39:4-88, thereby satisfying the "secondary action" requirement...

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