update on my helmet ticket

[busastalker05]

so i take some advice from members on here and some from my bossman and i go to the local St Trooper office today at lunch, i told them i got a ticket for this and pull out my helmet and show the 1 trooper, he reads the ticket and then pulls out the law book and starts looking, then trooper 2 comes over and IMMEDIATELY says those are illegal, #1 says i cannot find anything in here and your best bet is to jsut go to court on your date and talk with the judge about it, i told #1 and 2 that i spent hrs looking in state and federal laws and couldnt find anything that says i cant have it, #2 says they told us there illegal and #1 says i never heard it, i told them i didnt want to get aanother ticket for them and i wanted to see the law, so all i got out of them was go to court and talk to the judge he'll know. I didnt not tell them how the trooper that pulled me over after i heard them talking about him b y his first name i didnt not start anything i remain polite and calm. So all i know is is that THIS "LAW" is hear say passed down from someone to next someone and so on and that this "LAW" is no where to be found on paper...
next step is to get a lawyer and discuss all this mess with them.

 

[DEMMYM]

You gotta make sure you keep us informed on this one.

This should be a good one.

I have a Spiked Mohawk

 

[OUTLAW1300]

???

 

[dalynchmob4]

that's just cRaZy..

 

[dadofthree]

Just keep in mind that there may be a law against modifying your helmet.

 

[Vonderbach]

DOT Motorcycle Helmet Safety Standards Sec. 571.218 Standard No. 218 - webBikeWorld

S5.6.1, section f, subsection 3

(3) ``Make no modifications. Fasten helmet securely. If helmet experiences a severe blow, return it to the manufacturer for inspection, or destroy it and replace it.''

As dadofthree said, be aware before you sink a lot of time into this. If the Judge were to take 5 minutes and look online, he would find this as I did. All Helmets must meet D.O.T. reulgations, therefore if you disobey a D.O.T. regulation, your helmet is no longer D.O.T. approved.

It's a minor issue, but it could cause you to lose in court.

Edit: I see someone else already mentioned this in your other thread.

 

[Tufbusa]

You don't need an attorney my friend. Just subpoena the officer that wrote you the ticket and ask him in front of the judge to show you the infraction in the rule book. If it's not there, then it's not there.

If I were you, I'd subpoena the two troopers you talk to whom could not cite the law either and ask them to recite what they told you at the station? I would not pay an attorney to get a non moving citation dismissed.

 

[busastalker05]

thankyou guys yall have been extremely helpful with this

 

[MST1TED]

You don't need an attorney my friend. Just subpoena the officer that wrote you the ticket and ask him in front of the judge to show you the infraction in the rule book. If it's not there, then it's not there.

If I were you, I'd subpoena the two troopers you talk to whom could not cite the law either and ask them to recite what they told you at the station? I would not pay an attorney to get a non moving citation dismissed.

+1

 

[BlueHaya]

You don't need an attorney my friend. Just subpoena the officer that wrote you the ticket and ask him in front of the judge to show you the infraction in the rule book. If it's not there, then it's not there.

If I were you, I'd subpoena the two troopers you talk to whom could not cite the law either and ask them to recite what they told you at the station? I would not pay an attorney to get a non moving citation dismissed.

+1

If mohawks are ....why not communication devices....earbuds.....is a tinted shield a "modification? Curious to know if it is just mohawks for some reason.

 

[BusaWhipped]

I have a Spiked Mohawk

So does your Busa and helmet.

 

[Vonderbach]

+1

If mohawks are ....why not communication devices....earbuds.....is a tinted shield a "modification? Curious to know if it is just mohawks for some reason.

You would be surprised to find out how much after market stuff is actually illegal. For example, many fender eliminators are illegal in Florida.

 

[WuzzaCBXRider]

I don't understand how he can cite you for something and not reference it on the citation??? Vehicle code section so and so which you could easily look up. What (was) written on the cite? In CA the cite acts as the complaint in court. It (has) to have the correct section violated and some type of summary of how it was violated. The cops can't just write down 'silly in public' on their citation and get away with it.

 

[busastalker05]

"operation of a motor vehicle without wearing an approved saftey helemt approved by fmvss 218 and gs 20 - 140. 4

 

[busastalker05]

NC General Statute GS 20-140.4
Fri, 01/09/2009 - 02:26 — jan

Source: http://ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/g...

§ 20‑140.4. Special provisions for motorcycles and mopeds.
(a) No person shall operate a motorcycle or moped upon a highway or public vehicular area:
(1) When the number of persons upon such motorcycle or moped, including the operator, shall exceed the number of persons which it was designed to carry.
(2) Unless the operator and all passengers thereon wear on their heads, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218.
(b) Violation of any provision of this section shall not be considered negligence per se or contributory negligence per se in any civil action.
(c) Any person convicted of violating this section shall have committed an infraction and shall be fined according to G.S. 20‑135.2A(e) and (f). (1973, c. 1330, s. 6; 1989, c. 711, s. 1; 2007‑360, s. 7.)

According to GS 20-135.2A, The fine is $25 and the court cost is $75.
http://ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/g...

Of course, NC legislators have presented us with a statute which is vague. According to case law, State of Washington v Maxwell, a reasonable person of average intelligence has no clue what FMVSS 218 is, does not even know where to find FMVSS 218, and the statute does not help point them to it. Even if they are diligent or lucky enough to locate it, it is not written for them to be able to use it and conduct testing. That's just the beginning of how it is vague. For you people who want to seriously get into this, please begin researching through the collection of links to case law documents at Collection of links to case law documents | Bikers of Lesser Tolerance - B.O.L.T.

For those just beginning to research this statute,, please begin by contacting your state legislative rep. You can find them through North Carolina General Assembly - Home Page and you can either email them or call them. Ask the following question:
How can I ensure, with absolute certainty, compliance with General Statute 20-140.4(a)(2) and FMVSS 218? Is FMVSS 218 something that I can ensure compliance with?
They do not know and will most likely give you bad information, such as pointing you to test results for only 40 helmets tested in the previous year. This is incorrect. The correct answers to both questions are simple; you cannot. If, despite due diligence, such as contacting your state legislature, you cannot ensure compliance with a law, then that law lacks due process and is unconstitutional, in violation of Amendment 14 of the US Constitution.

Please beware of incorrect information being distributed by the NC State Highway Patrol. They have been telling many untruths, such as telling people there needs to be an inch of foam, or saying what the helmet needs to be made of. Neither the state nor federal laws have any such specifications.

 

[Vonderbach]

"operation of a motor vehicle without wearing an approved saftey helemt approved by fmvss 218 and gs 20 - 140. 4

After reading the D.O.T. cert, are you still going to court with this? Just curious?

My one time that I took something before a judge, I was shut down quickly based on nothing more than a vague interpretation of a law that has no definitive "following to close." Never mind that it never defined what was "too close."

 

[Busa1166]

DOT Motorcycle Helmet Safety Standards Sec. 571.218 Standard No. 218 - webBikeWorld

S5.6.1, section f, subsection 3



As dadofthree said, be aware before you sink a lot of time into this. If the Judge were to take 5 minutes and look online, he would find this as I did. All Helmets must meet D.O.T. reulgations, therefore if you disobey a D.O.T. regulation, your helmet is no longer D.O.T. approved.

It's a minor issue, but it could cause you to lose in court.

Edit: I see someone else already mentioned this in your other thread.

The judge would have to decide if that qualifies as a modification, cause if it is that means that the sale of all communication devices are illegal cause you have to "modify" your helmet to use them by putting speaker an mic in a helmet. He may throw this out rather than open a whole can worms to the interpretation of the law. And also I believe that dot helmets used by LEO are fitted with comms after being purchased making them in violation of the law as well.

 

[Rip777s]

Be careful. The judge doesn't open a can of worms in traffic court; he rules traffic court. He can find against and fine you. What does he care if you take it to a higher court (with a lawyer) and he gets over turned. He is too busy making the state some money.

 

[jellyrug]

I really believe any reasonable judge will scrap the case. The officer behaved like an idiot.

You can always say you have no idea how the Mohawks got stuck to your helmet, other than noticing the woman driver ahead of you throwing some red stringy stuff out her window.

 

[Spudley]

Wear a suit and tie, be polite, and you'll WALK !!!!!