http://abatesc.com/web/news/
North Carolina Helmet victory
Written by Fred
Wednesday, 12 December 2012 08:10
Matt Danielson from Tom McGrath's Motorcycle Law Group reports a helmet law
victory in Cherokee NC on Monday Dec. 4th. They represented a client wearing
a helmet without a DOT label, and won their case against the State, with the
court ruling that the State needs to articulate how the helmet does not
comply with the standard. They also report they have two more cases pending
in Carthage NC Superior Court.
If you are riding in NC and get a helmet ticket, first of all, don't
volunteer to hand them your helmet, that is consenting to a search. Instead,
state that you do not consent to a search. Consult your lawyer for specific
advice, or contact Matt, as he teaches seminars on your rights about this
issue.
Elizabeth Sorrell is handling these helmet cases pro bono.
Contact Matt or Liz here:
McGrath & Danielson
Tom McGrath's Motorcycle Law Group
1-800-321-8968
Motorcyclelawgroup.com
NC must articulate why a helmet does not comply.
I was able to find slightly more at http://usdefenders.org/North_If this was district court, it was not a trial court so there would be no record other than the result. I suspect it was most likely superior court, in which event, the word for word stenographers' record pertaining to the case (of unknown defendant name and unknown case number) would be available directly from the stenographer for a very hefty fee. The stenographer in my superior court trial estimated it would cost me over a thousand dollars. The only written "decision" from my superior court case was a card the size of an index card with the outcome summed up in a couple of words. I made motions at every juncture to document the decision, allow recordings, etc, but the judge refused every motion, with no explanation. It was as if the court had something to hide, :^) . If a case goes to appellate court, which it appears this case did not, the written decision would then be available to the public, unless a court order quashes/seals records of the case.
If there is no decision in writing, it is like it didn't even happen. I believe simply arguing these cases as high up into the court system that we can, we were able to bring enforcement to a trickle even though enforcement was hoping for a gush. However, to really stomp the helmet law into the ground, a good case must go to appellate court.
__._,_.___
"If there is no decision in writing, it is like it didn't even
happen. I believe simply arguing these cases as high up into the court
system that we can, we were able to bring enforcement to a trickle even
though enforcement was hoping for a gush. However, to really stomp the
helmet law into the ground, a good case must go to appellate court."
AMEN! However on the local level one can use the Reporter's transcript and the Clerk's Transcript (or Minute Order, whatever it is called in your trial court) to armtwist the local cop into realization that a ticket is
AMEN! However on the local level one can use the Reporter's transcript and the Clerk's Transcript (or Minute Order, whatever it is called in your trial court) to armtwist the local cop into realization that a ticket is
1. False arrest because of no probable cause,
2. Waste of Dept. money - paying the cop for court with no $ return,
3. Fun for us - Smile. Ask the cop: damn let's do it all over
again; Write me again please. Remember cops like to wreck your day.
This causes the trickle of enforcement as much as big Appellate cases.
But you're right, the favorable Appellate rulings are the "big Stick" you're after.
Here (9th Circuit) the steps after a win/acquittal are,
file a tort claim with the authority/agency/City.
false arrest charges against the cop,
we are looking into likelihood of getting a restraining order against the cop who wrote the ticket.
Highway Patrol still hasn't filed the charges for the tickets they wrote against me in
1. March 2012
2. April 2012
with the court that has jurisdiction.
They wont.
They wanted to see if the threat of a misdemeanor (instead of Infraction) would intimidate me into doing their wishes.
It didn't.
