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Wednesday, August 29, 2012

Virginia - Bikers score helmet victory at Court of Appeals

-By Peter Vieth

A dozen motorcyclists convicted of violating Virginia’s mandatory helmet law had their convictions reversed by the state Court of Appeals Tuesday. Three other bikers had helmet convictions affirmed.
The 15 defendants all were wearing headgear of some kind when they attended the 2011 Virginia Beach Bike Classic, but police claimed the riders’ helmets failed to meet the state’s standards. All 15 were convicted in general district court and in circuit court.
On appeal, things got a little easier for some of the riders. The state acknowledged the lower courts were in error in 13 of the 15 cases.
Virginia’s helmet law, Code §46.2-910, requires helmets to meet any of three published standards but does not require any marks or labels to show compliance. Ten of the convictions addressed in Bennett v. Commonwealth were based solely on a lack of labeling, so those convictions were reversed.
One rider wore what a trooper described as a “toy” helmet with a plastic chin strap held together with a key ring. The state argued the key ring flunked one published standard, but the court of appeals panel said the state failed to rule out compliance with the other standards, so that conviction also was reversed.
As often demonstrated in criminal cases, a defendant’s own admissions can be the strongest evidence for the state. In three cases, the riders admitted to a trooper that they knew their headgear was not the real deal. One lid even had a label identifying it as a “novelty helmet,” not for road use. For those three bikers, the trip to the Court of Appeals was fruitless. Convictions affirmed.
The three-judge panel drew a fine line with one remaining biker, however. The defendant told the trooper he knew his helmet was a novelty helmet – but that statement alone was not enough to establish it failed to meet any of the safety standards, the court held. That biker’s conviction was reversed.
“My clients were happy,” said defense lawyer Matt Danielson, a member of a Richmond-based “motorcycle law group.”
Danielson said the helmet tickets stemmed from targeted enforcement at the Virginia Beach bike rally and not from a “protest ride” or any organized test of the Virginia law.
Danielson said his personal view is that adult riders should be allowed to decide for themselves whether or not to wear helmets. He said 31 states give riders that choice. “I think it’s about time Virginia comes into that camp as well,” he said.

NO LIST,NO LAW...........