Phil Horne's NC Helmet Ticket- Dismissed

Good job Phil. Hey folks, it looks like they are just dismissing helmet tickets in NC. They don't want to go to trial for fear of losing and setting a legal precedence.


ANOTHER B.O.L.T WIN!!!!

Helmet Ticket Outcome

My ticket was unilaterally dismissed today by the ADA. When I say unilaterally, I mean that the ADA came to this decision without any prodding from me, nor did I press for a trial. She asked if I brought my helmet. I said no. She said that usually people bring their helmets and she usually dismisses the ticket if the helmet is compliant. At that moment I could have challenged the assertion that she has the ability to determine compliance, but did not. I intend to seek a meeting with the DA (and the JPD) to make this challenge. She asked if I had bought another helmet. I said I had not. She asked if I had a compliant helmet. I said that I have a number of helmets. She mentioned that maybe she'd call the officer to see how he wished to proceed (I let that one go too). She looked at the subpeona I had issued for the other officer. At that moment I think she concluded that she did not want to take a bite of the shit sandwich I represented and said, "I'm dismissing the ticket, you are free to go."

In NC, the answer is no.
Citizen arrest is not allowed in NC. Citizens can hold a person while law enforcement is called to make the formal charges. Citizens cannot charge anyone with any criminal activity. Citizens can file civil complaints with the court system. We can file complaints with any department. In NC, there is a SBI (State Bureau of Investigation). For violations of federal law we can file a complaint with the FBI.

Despite that, what are you thinking?
I wasn't thinking of Citizen's arrest; more like working through the City Attorney's or District Attorney's office to show them the extent of abuse of power and misuse of funds. Let the DA prosecute. You certainly would also use the Complaint process in any department you can use it.