September 26, 2009 3:34 AM PDT
Hello, I was wondering if there were any rider/lawyers that could comment on this:
It was only this morning that I learned of the new law effective since September 1, 2009. And being ignorant on this new law, last night I was stopped by a local police officer for "riding without head protection." The officer specifically stated that was his reasoning in pulling me over. I was going under the speed limit, turn signals, lights, everything were lawful & used appropriately.
As such, the officer asked me to verify I had the required insurance for riding without a helmet, and I replied that I had let my policy expire. I showed him my motorcycle insurance, and license and he returned the insurance to me and returned to his cruiser.
A few minutes later he informed me that I was going to be arrested for an outstanding warrant resultant of an unpaid speeding fine from another county. The arresting officer gave me a minute to call a friend with a class M endorsement to come retrieve my motorcycle. I was unable to get ahold of anyone, and he allowed me to move the bike into a more concealed spot. I elected to leave it there rather than have it towed because I have heard bad things about towed motorcycles being winched up a wrecker on their side.
Regardless, after a few hours I was finally booked in and got someone to come pay the outstanding $560 ticket and was realeased. Which, all in all, is ultimately what a warrant will do to you. However, is there anything that I can do to inform the officers or the PD that they pulled me over unlawfully, and as such I endured a lot of frustration and humiliation as a result of it?
I'm not asking to recoup the $560, but I am looking to let them know that I shouldn't have been "detain[ed] as a person who is the operator of...a motorcycle for the sole purpose of determining whether [I was] covered by a motorcylce health insurance plan...]
I appreciate your thoughts & insights, as I'm a new cyclefish member!
October 20, 2009 1:57 PM PDT
update:
I set a court date, told the judge I was pulled over illegally, showed him the new law, and he dismissed it.
Cop looked dismayed, shook my hand outside of court.
High-5!
November 12, 2009 11:11 AM PST
Brain buckets should be the choice of the rider . I love living in S.C. No helmet law if your over 21 . Thats the way it should be .. Live to ride Ride to live ... Helmet laws Suck ..
January 26, 2010 9:04 PM PST
Have no option in Australia
Even looks like there is or will be a use by date on helmets
So will have to update at certain times
We do prefer to use 1 tho
September 5, 2022 11:38 PM PDT
Good to know the law for sure. I am new to Texas and believed there is no helmet law here. I will check my insurance policy for the amount of courage. You lucked out and got a fair judge and it appears a decent Officer. Congrads and thanks for the heads up.
November 20, 2022 3:08 PM PST
It took 3 million buck to the state form 3 helmet makers to steal our freedom.
That was 1986, I still have and use my 1986 helmet I was forced to buy.
Some how the nanny state think they are our mothers.