STATE v. ACKER

No. 12268.

485 P.2d 1038 (1971)

26 Utah 2d 104

STATE of Utah, Plaintiff and Respondent, v. Gary D. ACKER, Defendant and Appellant.

Supreme Court of Utah.

June 3, 1971.


Attorney(s) appearing for the Case

Van Sciver, Florence, Hutchison & Sharp, Brian R. Florence, Odgen, for defendant-appellant.

Vernon B. Romney, Atty. Gen., Lauren N. Beasley, Chief Asst. Atty. Gen., Salt Lake City, for plaintiff-respondent.


ELLETT, Justice:

The defendant appeals from a conviction of violating Section 41-6-107.8, U.C.A. 1953 (Replacement Volume 5A). This statute requires any person operating or riding upon a motorcycle on a public highway where the posted speed limit is above 35 miles per hour to wear a crash helmet, etc.

The defendant contends that the statute is an invalid exercise of the police power in that it is an unreasonable infringement of his personal liberty and of...

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