I Support Gregg D. Trautmann and Oppose Kyleigh's Law

On Wednesday April 15, 2009, NJ Gov. Jon Corizine signed Kyleigh's Law, a law designed to severely limit the rights teen drivers have behind the wheel. Upon learning of this, Mr. Trautmann, an attorney of Rockaway, New Jersey, filled a law suit against The Governor and State of New Jersey and Gov. Corizine, in hopes of getting Kyleigh's Law overturned and giving teens their rights back.

Mission Statement:
Our Mission is to raise awareness about the questionable legality of Kyleigh's Law and help Mr. Gregg Trautmann, Asm Schroeder, and St Sen Goodwin repeal Kyleigh's Law on the basis that it directly violates the Fourth, Fifth, and Eight Amendments of the United States Constitution.

This Group is here for the sole reasons listed in our mission statement. This group is not intended to offend Kyleigh D'alessio, Donna Weeks, Jon Corizine, Peter J. Barnes, and The State of New Jersey (including the Legislature, MVC, State Police, and Municipal/County Law/Traffic Enforcement Agencies). We ask that if you do not agree with the mission statement or have the to violate the mission statment that you do not join the group. Thank you for your understanding.

About Kyleigh's Law:
Kyleigh's Law is a recent piece of legislation, passed unanimously by New Jersey's state legislature (78-0) that attempts to address the dangers associated with young and inexperienced motorists. Unfortunately, several of the measures outlined by the law are controversial due to their constitutionality and run the risk of creating worse problems than those they were designed to address.

Kyleigh's Law establishes the following:
-Creates a new "provisional license" document for new drivers. First-time drivers must first apply for and obtain a special learner's permit, which they must hold for at least one full year before receiving the provisional license.
-Imposes a new restriction on drivers who hold the special learner's permit, making it unlawful for them to drive between 11:00 PM and 5:00 AM.
-As always, the driver with a special learner’s permit can only drive with a supervising passenger. Imposes a new requirement that the supervising passenger and the permit holder must live at the same address.
-A new requirement that, other than the permit holder and the supervising passenger, there be no more than one additional passenger in the car. (This passenger's residence does not matter.)
-Requires that the parent or guardian of a person under the age of 18 receive an informational brochure which clearly sets forth the special rules that apply to a holder of an examination permit or a provisional license.
-Require the chief administrator to issue an orange hangtag or sticker to be displayed when a vehicle is being driven by the holder of a provisional license.
-Change the threshold for mandatory license suspension from two or more motor vehicle offenses to any motor vehicle offense.
-Take away the right to plea bargaining in court when issued a ticket that would give a teen driver 1 infraction point on their license.
-Increase the mandatory license suspension from three months to five months for any moving violation on a provisional license.
Not only does this law make teenage drivers a target for Sexual Predators, Vandals, Aggressive Drivers, Harassment, and Police Officers/Sheriff’s Deputies/State Troopers.

Legal Issues:

Several times, this law violates the United States Constitution, Specifically the Fourth, Fifth, and Eight amendments.

The Fourth Amendment states "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The problem that is raised is that Police are given probable cause to pull over vehicles with orange hang tags/stickers and check on, or possibly harass, provisional drivers to see that they are following the law. This action goes against the 4th Amendment by allowing unreasonable searches and seizures with out proper warrants and gives makes teens lose the right to be secure in their persons and cars.

The Fifth Amendment states "No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." Taking away our rights to Plea Bargain in court strips us of our right to Due Process.

The Eight Amendment states "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." The excessive fine is that when a GDL driver commits a moving violation, they get a suspension of five months, which was previously three months. If a Provisional driver commits any motor vehicle offense, the have their license suspended. Previously they had to commit more than one motor vehicle offense. Also, when a GDL is caught with more than the legal amount of passengers in his/her vehicle, each passenger is fined $100 for violating the law.

With all of this said, I hope you can see that Kyleigh’s Law is nothing more than unconstitutional. I urge you to join this group, and spread the work about this law. We also ask that you support Mr. Trautmann, Asm Schroeder, and St Sen Goodwin in their efforts to fight for our rights, rights that many of us have earned.

Thank You for Joining.

-TO PETITION AGAINST THIS LAW, FOLLOW THE LINK BELOW... http://www.senatenj.com/index.php/goodwin/decal-petition/sign-the-petition-help-repeal-kyleighs-law-decals/6075

- Attorney Gregg Trautmann's law suit challenging Kyleigh's Law: http://www.trautmann.com/currlit_kyleigh.htm

-Gov. Corzine's Press release on signing Kyleigh's Law: (very few details on the actual law) http://www.nj.gov/governor/news/news/2009/approved/20090415b.html

-NJ Leg Bill
http://www.njleg.state.nj.us/2008/Bills/A3500/3069_S1.PDF http://www.njleg.state.nj.us/2006/Bills/A4500/4021_I1.PDFNJ

-Motor Vehicles Commission