A huge day in the life of the 4th Amendment..

OFF THE WIRE
Dave, I put this out so People can See the IRONY OF IT ALLL!!!!!
  From: DAVID
Subject: SB177 and Name calling.
To: shorsford@sen.state.nv.us, sleslie@sen.state.nv.us, bcegavske@sen.state.nv.us, mdenis@sen.state.nv.us, bkieckhefer@sen.state.nv.us, dparks@sen.state.nv.us, drhoads@sen.state.nv.us
Date: Friday, May 13, 2011, 10:10 AM

Dear Senator Horsford, and the members of the Senate finance committee,　
　
My name is David S, I would like to give you some fiscal impact information on the helmet law and Nevada,

I received my first helmet ticket in June 2009, The whole mess took an hour as I did a DUI test and went through a handful of other allegations before the Trooper settled on just the helmet ticket. Since then I have received 5 more helmet tickets, and would like to break down the end result to you.
　Est. field costs
Pros. cost
Disposi-tion
Profit/ Loss
NHP2/1 @$100 8 @$65$720$120Dismiss-840
METRO2/1 @1002@$65$330$3800Not Guilty-4230
Boulder City1/.52/65$180$120Dismiss-200
Boulder City1/.5050$3100Guilty/ appealed/ dismissed-3150*
METRO5/11@65$565$400Dismiss-965
NLV4/11.5$497.50$3800Guilty/ appealed/ Dismissed-4297.5*

Total hard Loss for writing 6 unconstitutional helmet tickets is $13,682.50

*
On May 6th 2011 Judge Donald Moseley Ordered the City of Boulder City, and the City of North Las Vegas to pay fees and costs. (rare in a criminal case) as neither prosecution had an answer to the legal brief I filed questioning the constitutionality of enforcement. The sad story in this, is there are people who need law enforcement assistance, Our Executive, and judicial resources are too precious to be wasted in this manner.

*
The Attorney gave a preliminary estimate of $20,000.00 in logged hours. If awarded all costs, the Injustice done to the people of Nevada, by the very ones who swore to uphold our Constitution will be great.

I would be happy to provide the aforementioned brief that shows this is a crime against the Citizen. This matter, If not handled through the Legislature will come up again, as a Civil Class action, unnecessarily costing the Taxpayers even more in court costs, Damages, and eventual injunctive relief.

I stayed out of the Moped fight AB508 So far, but it will be the same fight. (no Probable Cause)

If you can tell me How to comply with Nevada’s helmet law, with certainty you will be the first. I have asked everybody that is anyone. Including the courts. CASE CLOSED.

David



Reply |Mark
 
This decision and court order is usable in every court in the country against helmet tickets.
It is considered persuasive authority outside Nevada, but can be cited, nonetheless.

I can't think of a more monumental decision in the 9 Western States since Easyriders in 1995.  Awesome work, Nevada BOLT.

I think every Legislator and Judge would feel good knowing it only costs the cops and prosecution an average of $5600.00 to write a helmet ticket.

Mark 
Guerrilla Lawfare 
BOLT of California 
"The two enemies of the people are criminals and government,
so let us tie the second down with the chains of the constitution
so the second will not become the legalized version of the first."
    Thomas Jefferson