STATE OF NEW JERSEY VS. KIRBY LENIHAN A-4667-10T1
In this case of first impression, we determine that a violation of N.J.S.A. 39:3-76.2f, the "seat belt law," can serve as a predicate offense to support a conviction under N.J.S.A. 2C:40-18(b), which proscribes knowingly violating a law or failing to perform a duty imposed by law intended to protect the public health and safety and recklessly causing serious bodily injury. We reject defendant's claims that N.J.S.A. 2C:40-18(b) is unconstitutionally vague and that the seat belt law is not a law intended to protect the public health and safety as contemplated by this statute. 08-13-12
