Kyleigh’s law has caused an uproar in parents and teens in the State of New Jersey.  The law passed a little more than a year ago requires any driver under the age of 21 who holds a permit or a probationary license to display red decals to the top left corner of their front and rear license plates.  The law is named for Kyleigh D’Alessio, a 16 year old killed in a 2006 Morris County car crash in which another teen was driving.

Many teenagers, and parents alike, believe that the law, Chapter 37, which requires any driver who operates a car with a driver’s permit or probationary license, to display a highly visible, reflective decal on their car.  Drivers under the age of 21 must comply with this law.  Teenagers and parents throughout New Jersey argue that the decal makes them a “target” to crime, and more vulnerable to criminal acts.  The decal permits an observer to infer that the driver of the vehicle is under 21.  Many New Jersey residents believe the law puts teen drivers in grave danger.  The red decal on the license plate could be used by criminal and predators to target young victims. As a result, the law has been met with non-compliance across the State.

A group of plaintiffs filed a lawsuit seeking declaratory and injunctive relief on the grounds that the new law was pre-empted by the Federal Driver’s Privacy Act;  violates equal protection;  and constitutes an unreasonable search and seizure contrary to the Fourth Amendment of the Constitution.  The Superior Court of New Jersey dismissed the Complaint.  The Plaintiffs appealed the Court’s decision.

The Appellate Court has recently upheld Chapter 37, and requires all drivers under the age of 21 to bear the decal on their car. 

The state attorney general has found no evidence that Kyleigh’s law singles out underage drivers for attacks by predators or other criminals.  The State Division of Criminal Justice advised that it received confirmation from state police and all 21 county prosecutor’s offices that – with one exception – there have been no reports of incidents in which anyone was allegedly targeted as a result of the required decal.  This investigation was conducted in response when the law went into effect over a year ago.  Only one police department reported an incident of a 17 year old girl allegedly stopped by a policeman who turned out to be a predator. 

If you have any questions regarding Kyleigh’s Law, or any other Motor Vehicle Law or Violation, call Mark & Galusha, attorneys who specialize in motor vehicle law/criminal law.  Contact us at the "contact us" page, or by calling 908-626-1001 or 973-440-2311.