Majority
p. 220The People of the State of New York, Plaintiff, v. David Driscoll, Defendant. District Court of Nassau County, First District, March 8, 1968.
William Cahn, District Attorney (Ronald Friedman of counsel), for plaintiff. David Driscoll, defendant in person.
A New Jersey resident is charged with violating subdivision 6 of section 381 of the Vehicle and Traffic Law which provides :“§ 381. Motorcycle Equipment * * * 6. It shall be unlawful * * * for any person to operate or ride upon a motorcycle unless he wears a protective helmet ’ ’.
The defense is section 250 of the Vehicle and Traffic Law which provides: “ 1 * * * the provisions of this chapter relative
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to the registration and equipment of * * * motorcycles * * * shall not apply to a * * * motorcycle * * * owned by a non-resident of this state, provided that the owner thereof shall have complied with the provisions of the law of the * * * state * * * of his residence relative to registration and equipment * * * the provisions of this subdivision, however, shall be operative as to a * * * motorcycle * * * owned by a non-resident of this state only to the extent that under the laws of the * * * state * * * of his residence like exemptions and privileges are granted
This defense is valid and since the court took judicial notice of section 39:3-15 of the New Jersey Motor Vehicles and Traffic Regulation, which grant an exemption similar to the New York exemption, the motion to dismiss after trial is granted.