State trooper problems---need help!!!!

[MelodicMetalGod]

Contact professinal legal help if ya wanna work the principle of the matter. Maybe try these folks: LawTigers.com The indicate that they give "Free Legal Advice for All Motorcycle Matters" to members.

If ya just want outta the ticket, just go to court.

 

[sessions]

You can buy all sorts of stuff that is not legal for street use.

I understand that but they sell tons of these and if they were illiegal you would think there sales would slump and they wouldnt distribute them. it just seems that if they were illiegal they wouldnt sell this particular product. just my thoughts

 

[miserycaptain]

We have a local shop that has some helmets (ICON) with hawks already attached and for sale as such as well as selling the hawks separately. I see them here in FL too often.

 

[Liltroy]

Whens the court date? I wanna know when to check back for the update.

 

[GMbusa]

Indiana Jones. Temple of doom. I think the bad guy had a red mohawk.

 

[UncleSteve]

I understand that but they sell tons of these and if they were illiegal you would think there sales would slump and they wouldnt distribute them. it just seems that if they were illiegal they wouldnt sell this particular product. just my thoughts

nope, all kinds of things are sold and they have a tiny disclaimer on them.
Check state and local laws bla bla...

 

[ibified]

+1 on that. A lot of stuff you wouldnt even think of as maybe being illegal, in fact, is.

Depending on where you live:

Undertail
No Chain Guard
Other License Plate Mounts
HID Headlamps
DB windscreens
Exhausts
PAIR Mod
LED lighting
LED turn Signals

The list goes on, but you get the idea.

 

[kawiboy11]

off to court you go! Sounds like a trooper was fishing!

 

[Zoinks!]

"We have evidence that Osama Bin Laden has been plotting with the legion of doom to assassinate Jesus. . . Using the lake as their base." Lois Griffin. Sorry, that's just the first thing I thought of when I heard that. As for the helmet being weakened by the glue, I could understand this on the hard hats that someone was talking about, but on a helmet the glue would have to get through several layers of clear coat, paint, and probably wax before it ever got to the shell to be able to weaken it. Sounds like bogus to me, and apparently is, being as you have LE friends that have checked and said no law exists. I bet you can win this one.

 

[dadofthree]

The NC law I pulled references DOT and within that standard it states no modifications. I will be interested in the outcome. I sure would hate to get another NC award for having bugs on my helmet next weekend

 

[CraZyNOTRT]

Article L Section I of the North Carolina Constitution provides that "all persons are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness" Article L Section 19 of the North Carolina Constitution provides that "no person shall be denied the equal protection of the laws...." In Cohen v. California, 403 U.S. 15 (1971), the United States Supreme Court ruled that American citizens have the first amendment right to wear clothing that displays writings or designs. Additionally, the right of freedom of association has long been recognized and protected by the United States Supreme Court. Accordingly, in North Carolina an individual's right to wear motorcycle attire is constitutionally protected. and individuals or establishments who discriminate on the basis of motorcycle attire are subject to lawsuit.

 

[CraZyNOTRT]

here is some more info that may be help full

http://www.cba-abatenc.org/Chap Resource Docs/HCDP-Flyer -DOC SKI.pdf

DOT FMVSS 218 is not a federal law, nor is it a construction standard. Compliance
cannot be determined by visually inspecting a helmet. FMVSS 218 is an engineering
performance standard. Manufacturers’ certify their helmets meet the standard, not the
DOT. Results of manufacturer certified helmet testing conducted by NHTSA between
1980 and 1994 reveal that 68% of the helmets tested failed.

According to the Supreme Court of the United States: “It is a basic principle of due
process that an enactment is void for vagueness if its prohibitions are not clearly
defined. Vague laws offend several important values. First, because we assume that
man is free to steer between lawful and unlawful conduct, we insist that laws give the
person of ordinary intelligence a reasonable opportunity to know what is prohibited, so
that he may act accordingly. Vague laws may trap the innocent by not providing fair
warning. Second, if arbitrary and discriminatory enforcement is to be prevented, laws
must provide explicit standards for those who apply them. A vague law impermissibly
delegates basic policy matters to policemen, judges, and juries for resolution on an ad
hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory
application.â€￾ Grayned, v City of Rockford (1971)
Therefore, in order for a law to be constitutional, an average person of reasonable
intelligence must be able to answer the following question: “What is Federal Motor
Vehicle Safety Standard (FMVSS) 218, and how can I ensure that I comply with it?â€￾
Having reviewed FMVSS 218 criterion and procedures, we find that:
1. FMVSS 218 is not a consumer law;
2. FMVSS 218 is a manufacturing standard understood only by engineers and
the industry;
3. The average person of reasonable intelligence cannot possibly ensure
compliance, and;
4. Law enforcement officers are not capable of roadside testing of safety helmets
to ensure compliance.
CBA/ABATE of NC suggests mandating compliance with FMVSS 218 standards
requires citizens to comply with a law which is constitutionally vague, unenforceable, and
violates the principles of due process guaranteed all citizens by the Constitutions of the
United States and North Carolina.

 

[dadofthree]

Crazy, very informative. Thank you

 

[Max Speed]

A bunch of you know me.. I have been a city police officer for over 25 years now... And I must say some of the things I see some officers do make me shake my head and wonder what the hell were they thinking. It makes me mad to see dumb things like this, all it does is make people angry and loose respect for every officer.
I would say research the local and state laws, get all the ducks in a row... And then go to Court--- If he is wrong you will win in two ways.. No fine for you.. and he will loose creditability with the court. To him this will be important because it will make the Judge look a little sideways at this guy the next time and a case will not slide through as easy for him. To a Officer creditability in the eyes of the court is a big thing.
Good luck my friend... I say FIGHT this one for sure!

 

[smac]

by sticking something on the helmet, you have not changed the structural integrity of the helmet or its rating... just my 2 cents

 

[CraZyNOTRT]

Also try to get a letter from the manufacture of the helmet stating that it does not change how the helmet works or something along those lines.

 

[dadofthree]

Also try to get a letter from the manufacture of the helmet stating that it does not change how the helmet works or something along those lines.

Because of lawsuits I doubt they will produce that without first testing it against a national standard like DOT.

I'm making a big assumption here, but I think the guy just wanted to talk to the rider in this case or look at the bike, and couldn't come up with a better excuse for the stop. If that was the case he would have been better off issuing a warning ticket.

 

[GSXcite]

by sticking something on the helmet, you have not changed the structural integrity of the helmet or its rating... just my 2 cents

Not according to the disclaimers on every helmet we have in stock.

 

[UncleSteve]

This is a portion of the DOT reg which covers your situatuion.

S5.5 Projections. A helmet shall not have any rigid projections inside its shell. Rigid projections outside any helmet's shell shall be limited to those required for operation of essential accessories, and shall not protrude more than 0.20 inch (5 mm).

I think the key word here is "rigid" Spikes yes. Mohawk maybe..
If the trooper did his home work and showed the judge an example of a helmet with a mohawk and the judge agreed it was in violation of the DOT reg, you may have lost already.

Let us know the outcome.

 

[BlueHaya]

wonder if this would be illegal....