As wished, I recieved another helmet ticket this weekend. Going to the Laughlin run I was Hopefull, so I adorned My head with my safety helmet and took off. going out of town I went through Henderson (remember the 56 helmet tickets we had dismissed there) and I got caught in a speed trap... oops. The funny thing was, Henderson officers did not want to discuss my safety helmet at all, They decided instead to give my lady friend Blanca an official NHTSA informational pamphelet on how to Identify an unsafe helmet, and stated that they were not handing out any helmet tickets today. ! ! !
Henderson PD Complaint
Tuesday, April 27, 2010
Citizen David Stilwell, was pulled over in a speed trap on Friday, April 23, 2010 Citizen and passenger were then approached by Officer M. Chesley and partner,
Chelsey and partner immediately began stating that rider and passenger’s headgear were not compliant; Note that Chelsey and partner did not have any:
Recall notices on motorcycle helmets, worn by rider and passenger
Possession of laboratory tests, regarding the headgear worn by rider and passenger.
NHTSA formal certification of non-compliance, pertaining to the headgear worn by rider and passenger.
Chelsey and partner addressed themselves as Henderson PD Officers, and offered no credentials to show that they worked for one of the two entities, having jurisdiction over the federal motor vehicle safety standards. (see attached pt. 554 of 49.CFR. pg’s 154, and 155)
Having no jurisdiction over Alleged offense, and after handing out an informational pamphlet titled “how to identify unsafe motorcycle helmets” Chelsey and partner fall under:
NRS 207.190 Coercion.
1. It is unlawful for a person, with the intent to compel another to do or abstain from doing an act which the other person has a right to do or abstain from doing, to:
(a) Use violence or inflict injury upon the other person or any of the other person’s family, or upon the other person’s property, or threaten such violence or injury;
(b) Deprive the person of any tool, implement or clothing, or hinder the person in the use thereof; or
(c) Attempt to intimidate the person by threats or force.
2. A person who violates the provisions of subsection 1 shall be punished:
(a) Where physical force or the immediate threat of physical force is used, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) Where no physical force or immediate threat of physical force is used, for a misdemeanor.
[1911 C&P § 475; RL § 6740; NCL § 10424]—(NRS A 1967, 522; 1979, 1455; 1995, 1239)
As the City of Henderson has been unsuccessful in the prosecution of helmet tickets, the officers named, were trying to compel rider and Passenger into wearing, clothing approved, in the opinion of said officers. A direct violation of State law.
