I was at the HDdealership in Hickory this weekend and was told thePolice are writing ticket for none DOT helmets.There is supposed to be a re-worded Law going into effect Jan.1 to clarify "novelty helmets" not approved to be used. Anyone else know anything about this???

 

That has been a law for a while, they are just enforcing it.

 

I have an aquaintance in Goldsboro who is a LE. HE told me the reason they weren't enforcing it was because no one was able to tell the difference in a real DOT and a novelty with a DOT sticker. I guess they all went thru some "training" on how to tell the difference and now they can pull you over for it. I have a NEXL so no big deal for me. I have 2 brothers though, and they both were the eggshells. Sucks for them, I guess. I'm not sure if the training was just the Goldsboro PD or state-wide, so your results may vary.

 

They did rewrite the helmet law in NC and it does go into effect Jan 1st 2008 the new law references the federal safety standard 218 I think and some patrolman have started enforcing already but if you go to court instead of paying it off you should be able to beat it in court you can get more info at the CBA (concerned bikers association) web site for NC

 

I hear they are going to start enforcing this but I'm not sure why they would start before the actual law goes into effect on Jan 1st? I couldn't find much about this at the NC CBA - at least nothing recent.

Regardless, why they would want to allocate valuable LEO resources to this when many other states don't even require a helmet is beyond me..but typical for NC.

 

If you report this to the LEO's superior and the local DA the ticket should be dismissed and the officer formally reprimanded, the law as it is currently written refers to a list that does not exist, the new law which takes effect in January refers to a specific type helmet.

 

Or, as i did, go ahead and buy the Dot helmet. Safer anyway, if i have to wear it, i figured i might as well get one that may help a little.

 

The new law when enacted will become effective in January 2008.
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Preserve your right to ride free. Stand-up to injustice. Defeat the Gestapo tactics of the bureaucrats with their own battle tactics. Wear them out!!

Here’s how…

1. Don’t mail your citation in with a check for $100. Helmet citations under the current law can be defeated in court.

2. Go to court, and plead not guilty! We can help you prepare your defense strategy.

It is your right to have a day in court. If you lose your case, it costs no more than sending in the citation with the fine. A $100. fine is a $100 fine… regardless of whether you win or lose in court. If you appear in court the cost remains the same to you, but you tie up the court with hearing the defense of your case, and the court spends money to prosecute your case.

If enough people stand-up against biker harassment in court, they will have no time to deal with other issues before them. By spending the courts money in the prosecution of your case, the judicial system ends up spending, rather than gaining, money from helmet citations. When it ties up the courts time, and cost the court money, they will soon recognize that it is not worth the time and money to write citations for helmet violations. Then, helmet-citations will stop or be reduced significantly.


If you do nothing, this discriminatory harassment
against bikers will continue unabated. [/align]
Instead…

1. Take your citation to court, and plead “not-guilty”.
2. Tie up the court system with countless “defense-of-illegal-citation” cases.
3. Make it expensive and problematic for police officers to harass bikers.

CBA/ABATE has developed the Helmet Citation Defense Committee and we have materials available to assist in your defense in court.The CBA/ABATE Helmet Citation Defense Committee can offer you help in preparing your own defense against illegal citations and police harassment. We cannot go to court for you… we aren’t lawyers. We are simply bikers who are preparing our own defense materials. We're willing to share our products with others and, to tutor you in the use of our materials.



The NC HP and some other law enforcement agencies are passing out tickets; BEFORE the new law goes into effect. Please print several copies of this announcement and pass it out to businesses that cater to Bikers.
Brotherhood begins here
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In the meantime, if you are stopped for a suspected helmet law violation, here are some things to remember:[/align][/align][/align]1. Don't volunteer any information. Avoid chit-chat, as you may say the wrong thing.[/align][/align]2. Always refer to your headgear as a "safety-helmet".[/align][/align]3. Do not admit knowledge of committing any violation.[/align][/align]4. If questioned, tell the officer you believeyour helmet complies with current NC law.[/align][/align]5. Ask the reason you were pulled over (probable cause).[/align][/align]6. Ask the officer exactly how and why he concluded the helmet law had been violated.[/align][/align]7. If threatened with being detained; Ask what legal authority there is to prevent you from proceeding without a different helmet, and/or for impounding the bike – "Officer, would you impound my car or prevent me from leaving if my tailight was out?"[/align][/align]8. If the officer continues to detain you, Ask the officer, "Am I under arrest?"[/align][/align]9. Remember to be respectful and courteous. In the majority of traffic stops, the officer is just doing his job... enforcing the law. [/align][/align]10. As soon as possible, after departing the scene, pull over and write the details of the incident down. Call 919-662-6229 and report the incident.[/align]

 

Or wear a DOT approved helmet and ride on safely.