my non-dot story last year after returning from Iraq was riding around in my hometown in Tn wearing my carbon fibr helmet was stopped by one of the two MC LEOs and ticketed for having a non-dot. Well as he was walking away I saw he didnt have a sticker either. I got in my saddlebags took a picture of his helmet which was snell approved but not DOT and took that to court with me. My defense was if the LEOs couldn't tell which were aprroved how was I the consumer going to know any better. Ticket dismissed (which may have been due to my awesome defense or my just returned status)

 

Most of the LEO's I have met in Maryland are pretty cool. The Motor Officers are more bikers than most of us, and they know all about helmets, pipes, etc. Now, if you are acting like an a$$hole, and disturbing the public, reving you engine with drag pipes, testing the water to say, they will bite you. I think you crossed the path of one pissed off LEO, and I bet he took a look(bada$$ look?), or a reply the wrong way. I don't think you will have any trouble getting this dismissed, if you have an attorney represent you. Either way it will cost you. Good luck.

Thorns

 

Thorns, that is what we cant figure out because there was no "testing of the waters" and no bad a$$ look so to speak. We were heading one way at 55mph and he the other direction at at least 55mph. He then turned around pulled us over and got straight out of his cruiser with his bad a$$ attitude. As i have stated before if I was doing some of the things you describe in your post this thread would not even had been started because at that point I would have deserved what ever I would have got from the officer.

 

Hummm,..... Well I can understand your frustration, But while it appears from your side of the story that the officer could have used more tact, I also can see why he would'nt let you go without an approved helmet after stopping you. In this sue happy world it makes it more difficult for officers to give warnings. NOW,... me personally,.... I'm not gonna go around checking tags in helmets for a DOT sticker or tag. I have been a LEO in Texas for the last 14 years and there is a Police Dept. in my area that is clearly wrong in their interpretation of the Texas Helmet Law. The agency is citing bikers if they are not wearing helmets and do not have the Texas No helmet sticker on their tag. Well in Texas, the law is very clear in the fact that "IF" you are over 21 and "IF" you have taken an approved motorcycle safety course "OR" you have a medical insurance policy with at least $10,000 coverage that you are NOT required to wear a helmet. Even the Texas Department of Public Safety's website states in a Q&A section that you "CAN" ride without a helmet in Texas without the no helmet sticker as long as you have your proof of completion of a motorcycle safety course or your health insurance card with you to present to law enforcement upon their request.


John

 

jmbear328, yes I do see the legal side of it and understand a little better now then I did but I think he still should have escorted us of the side of the highway. There was an exit not even a mile a way.

 

Roady,

I do not wish to see you or anyone else getting a ticket. But, legally, it is your responsibility as an operator of a motor vehicle to observe all pertinant rules and regulations. Failure to do so, either willfully or out of not knowing the law is no excuse. I did assume, perhaps wrongfully, that you knew MD had a helmet law and what the requirements were, and that you made a conscious decision not to follow the law.

That being said, I am far from perfect. I have received my fair share of willful speeding tickets (hereafter referred to as road use tax) and ignorance tickets (had a busted wisdshield replaced and did not know I needed to get a replacement inspection sticker in PA ~ i relied on the advise of the windshield installer instead ~ got the ticket on Christmas day ~ So i can sympathize with you about cranky cops).

I cannot speak for MD, but this I know in PA. If a vehicle or it's operator are deemed unroadworthy for reasons of impairment, safety, or insurance, the vehicle must be sidelined and towed. That may also be the case, in MD. Since the operator was in technical violation of the safety rules that the vehicle (your bike) did fall under the unroadworthy clause. In which case, the officer would not have been permitted to allow you to continue until the vehicle was brought into a roadworthy state. That may or may not be the case. I don't know, I wasn't there.

Frankly, I believe a warning would have sufficed. But, I don't know how many other bikes this LEO had stopped that weekend. RT was a BIG event on a holiday weekend and there were hundreds of bikes flowing through MD's borders to attend. Was LEO told to be on the lookout for drunk drivers AND helmet violations? Could be, again, I don't know.

I am not sure why he only pulled over 3 of you. You would think that if it were a dragnet, he would have checked all of you.

BTW, rolling your own DOT stickers is a federal offense.

Here's another thread on the same topic.

https://www.hdforums.com/m_93555/tm.htm

Here's how the cops are trained to tell the difference.

http://www.usarak.army.mil/Garrison_...SASC%20Web.wmv

 

DelcDyna, I totally agree with your second post. What I didnt understand about the original post was when you said perhaps he should have gave you a 500$ ticket. Then in your second post you say that a warning would have been suffice. Maybe I was reading your first post the wrong way.

 

I don't know the law in MD, but in VA helmets are not a primary offense. Even though helmets are required, a cop can't pull you over for not wearing one or wearing an improper helmet.

 

Any idea where to pick up a couple of the DOT stickers?

thanks

 

[sm=badidea.gif] So...how to make a bad situation worse quickly. [sm=badidea.gif]

Bill