Simple Helmet Trail
First let’s give credit where credit is due, this article came out of Biker Magazine volume 259 Nov. 08 on Page 14.
The following is a novel approach to use in fighting helmet tickets. It should be noted that it has not been tested yet in court, although it is about to be. Use it at your own risk, but freedom fighters know that already.
When anyone tells you to refer to test results in order to find out how to ensure your helmet is in compliance, with certainty, it is completely bogus and bad advice. However, test results could be one of the best ways to get a case dismissed if someone doesn’t want to achieve anything more than a very speedy trail resulting in immediate dismissal. Depending on the case, there would be only a minimum amount of work to get it to this point, but then once you are there; it can be a knockout punch.
Below I exaggerated the simplicity, but only slightly. Get a copy ofhttp://www.nhtsa.dot.gov/cars/testing/comply/monthly/ and have admitted into evidence. It doesn’t matter what month and doesn’t even matter if the brand and make of the helmet in question is on there. In the court say to the officer “Officer, I am handing you an NHTSA compliance status report from the office of vehicle safety compliance dated October 2006. Will you please read the highlighted portion?” He reads, “A ‘FAIL’ result is the first indication of a possible non-compliance issue that will undergo further analysis by NHTSA. Consumers should continue to use a vehicle or equipment item unless notified by the manufacturer to stop” Then ask him “Officer; do you have any evidence that I received any such notice from the manufacturer to stop using my helmet?” He will have to answer, “No, I don’t.” Then address the court, “Your honor, even if the NHTSA has determined helmet has failed, they say to continue to use it unless notified by the manufacturer to stop. If the prosecution is unable to produce evidence that I received any such notice from the manufacturer, I move for immediate dismissal.”
“Do you have such proof the defendant received such notice from the manufacturer?”
“No your honor”
“Witness is excused. Case dismissed.”
By: Jan MacKay
DISCLAIMER: Jan MacKay, Director of BOLT of N.C., is not a lawyer, but studied California helmet cases and has a pro se helmet case scheduled for Superior Court in N.C.