Neveda - SB177 My Public burden

Dear Senators, and Assemblymen/women

Here is the Email that I sent to the Senate finance commitee.
 
The Helmet testimony Given by METRO reps Brian O'Callaghan, and Adam Stubbs. Is severly flawed. Not only is the state unable to prosecute a helmet ticket when challenged, (see the disposition catagory) they have to Violate the riders 4th Amendment right in order to cite. I urge you to ask the officers these questions:
 
Have you been trained to identify an illegal helmet? (they have not)

Does your department keep a list of the helmets that fail the NHTSA test? (they do not)
Does your departmentrenforce NRS 486.241 Pulling failed helmets off the shelves before they can become involved in an accident? (they do not)
I have assisted more than 80 riders, with there unconstitutional helmet tickets, and have been party to only two convictions, (if appealled would have been overturned)

There is no Department or Political sub division in the State who has been able to answer this question "How do I comply with certainty, with nevada's helmet law." This law has been frustrating law enforcers and citizens alike for almost 40 years. (see Col. Hosmers testimony I believe it was 2001 Legisloature session.)

In all the jurisdictions that I have been cited in, The corrosponding Departments testify under Oath that they have never trained in how to identify an ilegal helmet, In the case of NLV the officer, he insisted I take off my Court approved headgear (not guilty) and wear a helmet that failed NHTSA's test in 2008.
Now the Assembly has passed AB508 that will aduse the rights of moped operators by placing them in the same situation, the 9th Curcuit Court (Federal) found was a violation of rights, Easyriders v. Hannigan. Below is the email I sent to the Commitee:
My name is David Stilwell, 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.
　
Issuing Agency

Units/
Hours
Hours
Admin.
expense
Est. field costs
Pros. costDisposi-tionProfit/ 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
 Guerrilla Lawfare