Helmet, R.A.S., and Probable Cause

FREEDOM FIGHTERS IN VEGAS
Dear Sgt. Bedwell,

I understand you are the P.R. person for the North Las Vegas PD.

Here is some data for you to review.

Pulling over a person over your opinion of a helmet is illegal. There is no RAS or probable cause for being detained. Your department is walking on thin ice and it could have devastating repercussions for your City.

I will forward you a bit more info - please respond to both me and David Stilwell as I am including him in this dialogue.

And please feel free to forward to your superiors as you deem necessary.

Thanks for calling me on your day off.

Lily

MORE

To: Lt. Morey in charge Police in North Las Vegas at this moment.

Dear Lt. Morey,

Thank you very much for speaking to me at great detail about my concerns over Chanel 8's news reporting this morning that North Las Vegas intends to pull over any motorcyclist wearing a novelty helmet.

I contend that law enforcers in the State of Nevada do not have the LEGAL AUTHORITY to pull over any motorcyclist for a perceived helmet violation. This was proven by the fact that the City of Henderson lost some $88,000 in revenue when 56 helmet cases were dismissed just a few months ago.

My consultant, David Stilwell, has educated me at length about the Nevada State helmet laws and he recently wrote the below email to Captain Jackson, Southern Command Highway Patrol Division (which also went to various Nevada State Legislators and interested governmental officials).

I appreciate and believe that you are absolutely sincere in your belief that pulling over those who wear what you believe to be novelty helmets is in the best interest of public safety, but it is illegal and dangerous. I saw it with my own eyes what a judge said when he frustratedly scratched his face and told a prosecutor, "There is no standard" by which to find a helmet case guilty.

As for the cases you mentioned where one "DOT approved" helmet wearer lived and one novelty helmet wearer died in the same accident; without further data, that proves nothing. Was the person killed as a result of a head injury? Or, as in most cases, was it due to a bodily crush injury? The late and great "Double D" was my motorcycle safety instructor and he worked out of Las Vegas Harley Davidson. He was one of the top pro-safety gear motorcycle persons in the nation. While wearing full gear, and likely the best helmet money could buy, he sustained a fatal crash due to a driver who swerved and killed him to avoid running over a ladder.

Thus, I propose the following:

1. It is ILLEGAL to pull a motorcyclist over without RAS or probable cause.
2. A helmet no matter what it looks like does not constitute RAS or probable cause.
3. Any stop of any motorcyclist has the potential to further endanger a motorcyclist - however, if there is RAS or probable cause, law enforcers have the authority to take this chance.
4. An injury or fatality to a motorcyclist caused by being illegally pulled over will have devastating financial and morale effects on any law enforcement entity in the State of Nevada and with the right media attention, will have grave public and politcal consequences.

Thanks once again for you interest in this matter. I truly believe your heart is in the right place and as a motorcyclist myself I am here to educate you and others in positions of authority as to the legality and safety of pulling over motorcyclists.

Sincerely,

Lily Gonzalez

LETTER FROM DAVID

Captain Thom Jackson,
Southern command Highway Patrol Division

Thank you for taking your valuable time to look up 49 CFR.571.218 and for your acknowledgment of no mention of foam, being required in the construction of a helmet.

Given your description of having R.A.S to pull over a motorcyclist for not having a certain amount of foam, it seemed like you were convinced that giving a ticket was not as probable as doing an investigation, to determine non compliance in another area. I have seen no authority granted to law enforcement for these techniques, in the Nevada state constitution, however would be happy to have it pointed out to me

This is how the City of Henderson lost out on $88.000 in ticket revenue, as they used the helmet to pull people over, and then wrote no insurance,handlebars endorsement etc. The City Attorney read through my discovery and threw the whole mess out. Why? Guess they did not need the $$$, Or they had no case.

The helmet is being used by law enforcement, not the legislature to pull over motorcyclists, and in all of my stops, the officer becomes dumbfounded when asked if he / she could help me by telling me, specifically what is wrong with my safety helmet. That to me is far from R.A.S. It is also unfair to your officers, as they are woefully unprepared, in this realm.

I am not trying to change the helmet law by interacting with your Dept. I simply expect that the law be enforced not the NHTSA informational pamphlet. (see attached). You are a senior officer and you too were misinformed about the supposed inch of foam and thought that a chin strap was required.

As you read through the informational brochure please keep in mind this is a pamphlet that disagrees with, and has no bearing on the legal standard and test described in the 49 CFR 571.218 which is why they call it "how to identify an unsafe helmet", not how to Identify an illegal helmet. the fact that our officers are training in opinion, and not the law is a clear misuse of public funds.

Just to prove a point and save your department some headache, I suggest that you have someone in your dept. write NHTSA and ask why the description of "safe" helmets outlined in the pamphlet, match exactly those that fail when tested. look here for the 47% fail ratio on D.O.T. helmets. http://www.nhtsa.gov/cars/testing/comply/fmvss218/

Another point would be NRS 486.241 prohibits the sale of failed helmets yet I have asked at the stores, and nobody has heard of enforcement on this level of any kind. Yet if the aim was really to save lives and these helmets are unsafe wouldn't the law be better enforced on the retail level before the helmet gets to the street?

As far as R.A.S. probable cause, or both are concerned it appears that your dept is continuing to ignore the decision from the ninth circuit court of appeals regarding the Easyriders vs. Hannigan case http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/9th/9555946.html
This decision in the federal court lets law enforcement know that in order to cite for an improper helmet, one of three criteria are involved. I have asked your dept. if they have any of the three criteria, and the response is attached. See NHP.pdf

When the officer is going off of a hunch that my safety helmet is non compliant, and has non of the requirements the federal Court deem necessary to stop me, I have to ask. Under what authority am I being pulled over? If the case is strong, why do I have to resort to trickery to get my day in court? Not a dismissal. Also if the officer is authorizeded to cite me, why do the courts work so hard to dismiss these cases?

If you would like to help me answer these questions I will gladly don my safety helmet and show up at your office and give you the opportunity to write the ticket yourself. We could then track the procces

You Told me this week on the Phone that this is a Legislature issue an the law is hard to follow, I contend that it is not. However since your dept. is enforcing a informational pamphlet what in the world would changing the law do? I am a law abiding citizen not a pamphlet abiding citizen If your Troopers are going to stop me for a violation of the adopted standard,49 CFR 571.218, fine but that is by law the standard,that needs to be enforced not the NHTSA informational pamphlet.

The fact that the nevada Highway Patrol has chosen to enforce the NHTSA informational pamphlet,and not the written and or case law in this matter, Hurts many people on many levels, among them are:

1. The Troopers and officers that risk there lives on the side of the road, for a ticket that when challenged is most certainly thrown out. Those same officers who have been told by NHP that if they write such a ticket, they are on there own. see Quig vs. NHP.pdf

2. The citizens who are being pulled over based on an officers opinionated assesment, after the courts have ruled it is in violation of 4th and 14 ammendment rights. They are then detained and arrested , when challenged the ticket is dismissed, leaving the accused citizen with little recourse or justice.

3.The Legislatures that we the people elected passed a law not a pamphlet, they deserve respect for there job just as you do.

I could go on forever on this topic as you may know, however if you have questions, or insight please do not hesitate. In closing R.A.S. has everything to do with breaking a NRS and absolutly nothing to do with disobaying a pamphlet.


Sincerley, David Stilwell