MEETING WITH ONSLOW COUNTY ADA

MEETING WITH ONSLOW COUNTY ADA
Today I met with an Assistant District Attorney of Onslow County. This was a
meeting I had requested with the DA's office following the dismissal on 1 April
2010 of a citation issued by the Jacksonville PD for an alleged infraction of
the NC helmet law on 17 January 2010. I asked for this meeting because during my
appearance in court, just before she dismissed the ticket, the ADA told me that
defendants usually bring their helmets to court, and if found compliant they are
usually dismissed. I did not bring my helmet to court and wanted to ask her, as
I have asked of my elected reps, the governor, the GHSP, the NCSHP, and now the
JPD how one can determine compliance by visual inspection when our helmet law
describes a testing protocol.

The meeting was cordial; a far cry from my meeting with JPD last week. JPD dug
their heels in and would not budge from the "standards" contained in the GHSP
media presentation, even though one officer admitted to having read FMVSS-218
and to not understanding it. The ADA took a more thoughtful approach. She was
willing to consider an alternative point of view. Before anyone jumps for joy,
understand that she was mostly in fact-gathering mode. On any number of
occasions she showed me all of the regular propaganda that the state executive
has been saying about what they think the law requires, and she stated that this
particular DA office has taken their cues (and gets their training on the
matter) from the JPD. The biggest difference was that she was willing to
acknowledge that the material put out by GHSP may not be reconcilable with the
law the general assembly passed. I considered that a small victory. But I think
what really got her attention is what Judge Wynn wrote about FMVSS-218 in State
v Barker and what Justice Marshall wrote about vague laws in Grayned v City of
Rockford. The due process argument seemed to resonate with her and every time
she attempted to cite labels, or liners, or hard shells, I was able to
demonstrate that the law as written requires no such things.

Bottom line is I got a commitment from her to analyze both sides of this issue
and to take the matter up with the DA. I'll report on whatever comes out of the
DA's office. What do I hope to gain? I'd consider it a home-run, however
improbable, if this county adopted a policy that the helmet statute is not
prosecutable with the current law. Will it happen? I'm no optimist, but at least
the LE and DA around here know that there is someone with skin in the game. But
if I do get some conciliatory action, why can't it happen in your county? We've
got 100 counties. If one person could get one prosecutor to see things our way
couldn't that start the dominoes falling that would pressure the GA to repeal
the helmet law? You'll never know unless you try.....