update on my helmet ticket

When you are wrong you are wrong...

:rulez:


I wouldn't waste my time or money in the court.
Sure the other devices are illegal as well by definition. But there is nothing that makes them enforce the law consistantly, but it's a gray line and I wish you all the luck.
 
Spudley said:
Wear a suit and tie, be polite, and you'll WALK !!!!! :super:
Click to expand...
Not sure if you'll walk, but the cleaner and more respectful you are, the better your chances. Point out that you were not speeding, that you were operating in a safe manner and according to local traffic conditions and traffic laws. That you have basically been ticketed for wearing a piece of clothing that was meant to be amusing, not offensive and not a gang symbol of any kind, that you had no gang paraphernalia on your person, and that the "clothing" did not interfere with the safe operation of the motor vehicle or with the safe operation of the motor vehicles around you.

As to the DOT requirements, the State (e.g., the Officer) SHOULD need to show that your "modification" compromised the integrity of your DOT-compliant helmet and therefore the helmet you were wearing did not meet the law. So TECHNICALLY, if he fails to do so, the charge SHOULD be dismissed.

That's how it SHOULD work.

How it probably WILL work is the judge will decide if he wants to support this cop or if he wants to NOT support this cop.
* Sometimes they want to teach the Officer a lesson for bringing frivolous cases to the Court.
* Sometimes they want to support the Officer in spite of the case being marginal.

The latter is much easier to do if you show up in court acting like a jerk wearing a pink mohawk on your head. If you show you are a good citizen with a clean driving record, then it is much easier to side with you.
 
Hey, just had a few more thoughts about the compromising the safety of your DOT-approved helmet. While the burden of proof should not fall upon you, you can still make these arguments:

1) The Mohawks make your helmet much more visible. Like a safety vest or reflective stripes on your jacket, making yourself more visible to other drivers makes riding a motorcycle safer.

2) The modification of the helmet does not compromise helmet integrity. Bring along printouts from the web or a motorcycle parts catalog (e.g., Dennis Kirk) showing safety stickers for sale. This says that the adhesives used do not have a negative effect on the integrity of the helmet shell. If the Court buys disagrees, then someone (the Officer) is obligated to show how the adhesive negatively affects the strength of the helmet shell. Then you can point out that the helmet is painted and the paint is only there to protect the helmet shell from the elements. Since the sticker does not affect the paint, it does not affect the shell and the shell is not compromised.

3) The mohawk attachments do not negatively affect aerodynamics and they are light, flexible and flow with the wind. If they were a problem, you would have taken them off because they are uncomfortable to ride with them on.

As for the purported Gang issue, you are not a part of a gang and your display of mohawks also used by a gang (of which you are not aware), liken it to the display of offensive bumper stickers and confederate flags. While this may be distasteful to many people, we do not pull over every vehicle displaying an offensive sticker. Your case is much clearer, as your intent was only for amusement, not offense.
 
all i know is i think this is wrong, I have seen numerous cruiser guys not wearing helmets or wearing vest with patches and club names, how is that not aginst the law, you have been profiled my friend, you were geared up trying to obey the law and you get in trouble for it BS... They are trying to ticket people for anythign they can now a days, Good luck you are supported in this and let us know how it goes....
 
Todays laws are a joke. The judge can do whatever he wants. I personally lost faith in the system a long time ago. Good luck.
 
so does this mean you cant have a sticker on your helmet period, the Mohawks are stuck on, and I see where allot of these guys are coming from, the judge may just be as pissy as the trooper if your not careful about this, you know you can make an appointment to talk with the judge also....or prosecuting attorney that's the person you may have the most problem with not the judge himself.
 
According to D.O.T. regulations. You're not allowed to modify the helmet, By using any chemicals, certain paints ETC. Because these might degrade the integrity of the materials used in the making of the helmet. You would not be able to see it. That means most custom painted helment are illegal too. Ear buds are not attached to the helmet there for, pose no way to alter the helmet.
 
memorex said:
According to D.O.T. regulations. You're not allowed to modify the helmet, By using any chemicals, certain paints ETC. Because these might degrade the integrity of the materials used in the making of the helmet. You would not be able to see it. That means most custom painted helment are illegal too. Ear buds are not attached to the helmet there for, pose no way to alter the helmet.
Click to expand...

This came with a helmet I bought in April...See number 5 in helmet facts.

scan0003.jpg
 
Vonderbach said:
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.
Click to expand...

What you quoted is one of several things that needs to be printed on a label that is sold with the helmet. No where does it say that a modification to the helmet makes it non DOT. You would have to be specific about the modification.

I would just remove the Mohawk and take my helmet to court and show the judge that it was removed.

Or you could also go and pleade not guilty and let the cop present his case as to why it is a violation. Someone found the code so calling in the other officers probably would do you no good.

What gets at me is that this cop could have been out fighting crime instead of harassing you.
 
well playing devils advocate... have seen some pretty stupid attachment methods over the years that any nut case with half a brain would know was wrong..

For instance, there was I think an RC51 or maybe an R1 a guy installed his buddies license plate bracket.. He took a nice sharp drill bit, drilled 2 perfectly aligned holes and ran nice long bolts through the under tail and ECU to hold the bracket on...

Needless to say, drilling holes through an ECU is about like using a staple gun to hold your contacts in...

In todays society, stupid gets away with murder and so they have to create laws to protect some of these morons from themselves or they will sue McD's for having hot coffee Dairy queen for making them fat..

I mean can you see one of these fools using a sawsall to cut a slot in the top of his helmet so that the wide tape part of the mohawk would not be visible? or adding studded spikes that poke 1" into the lid? The end effect? perfectly normal guys with a brain get to pay for some dopes stupidity..
 
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