STATE v. MILLER

B924280; CA A76680.

854 P.2d 1007 (1993)

121 Or. App. 428

STATE of Oregon, Respondent, v. Glenn Douglas MILLER, Appellant.

Court of Appeals of Oregon.

Decided June 23, 1993.

Reconsideration Denied August 18, 1993.


Attorney(s) appearing for the Case

Sam I. Hochberg, Portland, argued the cause and filed the brief for appellant.

Ann F. Kelley, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.


PER CURIAM.

Defendant's motion to strike the state's brief is denied. On the merits, defendant raises a constitutional vagueness challenge directed at the traffic infraction of "failure to wear approved headgear." ORS 814.269; ORS 815.050. Assuming, without deciding, that such a challenge is appropriate in a case not involving penal sanctions, we conclude that the laws cited by defendant are not unconstitutionally vague...

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