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Farley v. State

The legislature did not violate equal protection by requiring seat belt use by occupants of passenger vehicles but not adult occupants of pickup trucks.

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Rodney Fionn Farley was stopped while driving an automobile for failure to have his seat belt fastened, a violation of OCGA § 40-8-76.1.1 Cocaine was discovered during the traffic stop, and Farley was arrested. He filed a motion to suppress the evidence found in the search, contending that OCGA § 40-8-76.1 is unconstitutional because it denied him equal protection in that similarly situated adult drivers in pickup trucks are not subject to the seat belt requirement. At the hearing on the motion, Farley introduced evidence regarding the relative injury rates in passenger vehicle and pickup truck accidents. The trial court denied the motion, but granted a certificate of immediate review. This Court granted Farley’s application for interlocutory appeal and directed the parties to address the question whether the trial court was correct in denying the motion to suppress on the ground that OCGA § 40-8-76.1 is not an unconstitutional denial of equal protection.

“There are two prongs to an evaluation of legislation under an equal protection claim and, as the legislation is presumptively valid, the claimant has the burden of proof as to both prongs. Initially, the claimant must establish that he is similarly situated to members of the class who are treated differently from him. Next, the claimant must establish that there is no rational basis for such different treatment.” Cit.

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