MICHIGAN - Not Guilty On Ticket for No Helmet

OFF THE WIRE
On the ride to the Capitol at the Abate of Michigan September Freedom Rally, BOLT Member, Fred MaHaffey received a "No Helmet Ticket" in Clinton County, and filed opposition in District Court.
He choose not to back down and pay the fine of $100.00, but to fight it in court. There was a small cost to him.
He filed a Brief with the court, stating that the helmet law was not enforceable. The Michigan State Police does not approve helmets and therefore, does not implement MCL 257.658 (Michigan’s helmet law) and therefore he is not required to wear a helmet (The state law includes language that allows the Police to approve helmets).
Monday (11/14/11), Fred went to court without an attorney to have his case heard at a formal hearing.

If the Department of State Police has exceeded its authority and adopted anything other than Federal Motor Vehicle Standard (FMVSS) 218 -- the Federal standard for, or definition of, a so-called "safety" helmet (aka: "crash helmet") -- the Michigan helmet law can be successfully challenged on that basis alone, and removed. (see Juvenile Products v. Edmisten, (1983) 568 F.Supp. 714) 

If the Department of State Police has adopted FMVSS 218, which the law insists that they ultimately must, the Michigan helmet law is thereby rendered unconstitutionally vague and can be challenged on that basis, and removed (see Washington v. Maxwell , (1994) 74 WASH.APP. 688, 878 P.2D 1220).
The Prosecutor presented his case and the the judge referred to Fred’s brief, and Ruled that Fred was correct that the MSP had not done there job correctly and dismissed the case.
Fred walked out of the court proud to have stood up to unconstitutional enforcement.
Fred had the courage to stand up to the corrupt system and beat it.
Way to go Fred !
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end of news story.
- forwarded from BOLT of Michigan and sourced with case law by BOLT of CA.