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Novelty Helmets in California Become Fix-It Tickets

by Steve
Saturday, January 05, 2008

The Santa Cruz Sentinel reports that California's 6th District Court of Appeals ruled yesterday that CHP citations for novelty helmets can be reduced to "fix-it" tickets, if the wearer did not know their novelty helmet met DOT standards...

"This means that motorcyclists who are wearing hard helmets can't be cited unless they have actual knowledge that the helmets aren't approved," Lascher said. The decision "takes some of the arbitrariness away from law enforcement."
It's basically a win for bikers, but only a technicality.

If a CHP officers cites you for violating California's helmet law, you can get the citation reduced to a fix-it ticket by arguing that you had no idea the novelty helmet you were wearing did not meet DOT specifications. But you'll have to be careful when answering questions from the CHP officer.

With a fix-it ticket, you can get the ticket voided by bringing in a "DOT Helmet" to the local CHP office.

The decision of the 6th District Court of Appeals was published, meaning that it can be used as case law, in other words, as an example on how your case should be handled.

Read the full article here...
http://www.santacruzsentinel.com/story.php?storySection=Local&sid=64641

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2 Comments:

  • Great News - a win for the good guys! FTCHP!

    By Anonymous Anonymous, at 1/08/2008 04:20:00 PM  

  • Ride free, Quig!

    Not a complete win, but maybe after everyone shows up with boxes of helmets as Red recommends and waits for CHP to "certify" one.

    By Anonymous Anonymous, at 1/28/2008 07:33:00 PM  

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