Atlanta Injury Attorneys Blog

It's a well-known phenomenon in America that teens like putting decals on their cars for such things as school pride and sports activities. So do their parents. But some are not so happy about decals required in New Jersey. I will explain.

Since my law school years and in my practice as a Gwinnett County car accident lawyer, I am very interested in how the law courts around the country are ruling on various issues of importance. Here in Georgia we have a graduated driver's licensing program for our teens and young drivers. In fact, we have recently posted on the Georgia requirements, including Joshua's Law.

Our program in Georgia is similar to the licensing scheme in New Jersey, but they go a step beyond and require a physical decal on the car for young drivers. In a very recent opinion, the New Jersey Supreme Court has upheld this decal requirement which some contend violates constitutional rights. Opponents of the decal plan to take the case to the United States Supreme Court.

The background on this issue has to do with a 2009 law, called Kyleigh's Law. That law requires certain young drivers to place a small red decal on their license plate. The purpose of the law is to assist law enforcement to identify young drivers who are violating the conditions of permits and licenses. These impose such things as curfews as well as limitations on the number of passengers young drivers may have in their vehicles.

We have often stated that the number one cause of death for teens is driving. That is also the motivation behind the New Jersey law. The purpose was to save young lives since without the decal, it is very difficult for police to enforce the curfew and passenger limitation rules. We have previously posted that the Centers for Disease Control here in Atlanta, Georgia notes that "motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than one in three deaths in this age group."

But those opposing the law believe that this law is a privacy violation and puts young drivers at greater risk for being stopped without warrant and will identify them for predators who might cause them harm. Not only do they intend to take the case to the United States Supreme Court, they also are very hopeful they will be able to secure legislation that their Governor will support to repeal the legislation.

The New Jersey court determined that this law does not violate the federal Driver's Privacy Protection Act which only allows certain information to be disclosed such as that the driver is under the age of 21 or has a special learner's or other type of permit or a probationary license. In its opinion, the court noted that "the driver's age group constitutes neither 'highly restricted personal information' within the meaning of (the federal law) nor 'personal information' within the meaning of" the federal law. They stated that the lower court had properly determined that young drivers do not have a reasonable expectation of privacy since their appearance alone would likely reveal their approximate age.

The Law Offices of Charles Scholle specializes in serious injury and accident cases. These accidents require expertise and experience to build a legal case. Please contact my Gwinnett County and Atlanta area law offices if you have been injured in an accident in the Atlanta, Georgia area. I will consult with you at no charge to evaluate your vehicle accident rights and remedies.

Earlier this week, I read with sorrow about another American teen driver who was literally in the middle of a writing a text when her car went off the road and hit a tree. Officials are not releasing the contents of the text, but they know one thing for sure -- she has lost her life due to distracted driving. Today, her school will have a moment of silence for her. Was it worth her life for one more text?

It is an unthinkable tragedy that this teen's family must now grieve her premature death. In my work as an Atlanta personal injury lawyer I spend a great deal of my time with families dealing with injury and sadly, death.

The statistics are stunning as teen drivers have a much greater likelihood of injury or death in driving. Traffic accidents lead as the cause of death for teenagers in our country and in Georgia. Teens are three times more likely to be involved in a fatal car crash than the rest of the driving population.

How can we ensure that teens are safer drivers? In Georgia, we are making a good effort to protect teen drivers and others on the road with the passage of Joshua's Law. Several years ago, the 2005 Georgia General Assembly passed Georgia Senate Bill 226. This legislation, known as Joshua's Law, requires teens to get educated in order to receive a Class D license to drive at the age of 16. If they do not take the educational requirements, teens must wait until they are 17 years of age to be licensed.

There are four ways to comply with Joshua's Law. These include: Method I requiring 30 hours of classroom instruction at a Department of Driver Services (DDS) and 6 hours of driving time with an approved school, along with 40 hours of driving with a parent; Method 2 requires the same amount of classroom time as Method 1, along with completion of the Parent Teen Driving Guide ; Method 3 provides for an on-line course with a DDS approved and 6 hours of driving at an approved DDS school, along with 40 hours of parent supervised driving; and Method 4 allows for an on-line course with a DDS approved school, along with completion of the Parent Teen driving guide.

Although a learner's permit is not required for the on-line or classroom course, teens need a learner's permit for one year and one day in order to receive a Class D license. A learner's permit is also required for teens to get behind the wheel for their supervised driving hours.

The Georgia Driver Education Commission (GDEC) was established with the passage of Joshua's Law. It monitors the programs involved with teen driving education and tracks the accomplishments of the program.

The GDEC says that national research indicates that several factors make teens more vulnerable to injury or death when driving. Some of these include failing to wear seat belts, speed, drinking, distracted driving, having teen passengers in the vehicle, driving at night and other factors. Although progress has been made, more work need to be done to protect teens and others on the road.

For more information on teen driving programs, click here to visit Georgia's Driver Education site, License to Drive.