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Seat Belt Suit Against Delaware Attorney General Dismissed

Don Rush

WILMINGTON, Del. (AP) - A federal judge has dismissed a lawsuit filed against Attorney General Beau Biden by a man who was cited for not wearing a seat belt.

Rodney Burr filed of Elkton, Maryland, filed the lawsuit after he was stopped by a New Castle County police in September 2011.

After being issued a $68.50 fine, Burr filed a federal lawsuit claiming the Delaware law requiring motorists to wear seat belts violated his constitutional rights, including his due process rights and his right to privacy.

The judge on Friday granted Biden's motion to dismiss the lawsuit, saying the seat belt requirement serves a legitimate state interest and did not violate Burr's constitutional rights.

Don Rush is the News Director and Senior Producer of News and Public Affairs at Delmarva Public Media. An award-winning journalist, Don reports major local issues of the day, from sea level rise, to urban development, to the changing demographics of Delmarva.
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