Helmet Ticket [1 Attachment]

OFF THE WIRE
ANOTHER B.O.L.T WIN

Getting a helmet ticket (with the BOLT beanie) has been a tad difficult in my area. This is primarily due to Mark and Don causing such a ruckus over the last 17 plus years, in my backyard. Being a B.O.L.T. member without a helmet ticket was at least, a bit embarrassing. Last August (2009) I was determined to get my red badge of courage; I sat on my bike facing the exit gate of the Folsom Police Department. During this period one little stocky female motorcycle cop stopped at the gate and on her P.A. system kept asking, “Where is your helmet?” Every time she asked the question I would point to the top of my head and slide the helmet forward. I finally gestured behind me to see if she wanted me to back up so she could write me a ticket. She thanked me and sped off on her BMW. A few cop cars went out with a few stares but no takers. Another motorcycle cop pulled up to the mechanical gate. As the gate was opening he was watching all of the cars go by, apparently looking for a victim. As he passed through the gate he suddenly realized I was sitting across the parking lot, watching him. I guess my appearance caused him to stall his bike. As he sat there, cranking on the starter, I pointed to my helmet but again no response.

After about an hour of this I headed on home and was stopped within one mile of my house for a helmet violation! A CHP officer made the arrest. We went to court, I made some mistakes, I was found guilty and we are now in the appeal process. As I told Mark; calm seas do not a good sailor make. I really would have learned very little if I talked the officer out of the ticket or if my case was immediately dismissed. With Marks educational process, I have learned a great deal. Upon a recent letter to the California Highway Patrol Commissioner, his response, and no doubt a bit of contact with the local CHP office; I received a letter today (attached) stating the officer made an error in writing the ticket.; “no probable cause to stop you”.

Yea baby!
I guess this will work nicely into the judicial complaint against the Judge for allowing the trial and entering a guilty verdict without Probabale Cause for the arrest.

This particular Judge has had a habit of being schooled in the past and conveniently forgetting all the helmet law education during the next trial. He's Irish, but doesn't appear drunk during the trial. Must be a BIAS. (CCP 170.6)

Do you have the ability to charge the officer or his department with "misuse of Public Funds"?
"Malicious Prosecution"?