Summons for no DOT sticker!
#1
08-14-2005, 07:20 PM
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Summons for no DOT sticker!
I was off this morning at 7:30 to a Poker run at my local HD dealer in Orange County NY.
Five miles from my house my local police pulled me over. He asked me do I know why he
was pulling me over and I said "no". He told me for not having a DOT sticker.
He gave me a summons for a non "DOT" helmet. Ironically the second stop on the ride was at
a fire station in my town, about 200 bikes and at least a third of riders like me with skull helmets.
Two of the local police officers (not the same one) where there socializing with the riders.
I was even more upset at my own local police dept.
Anybody getting summoned for their non "DOT" helmets?
Five miles from my house my local police pulled me over. He asked me do I know why he
was pulling me over and I said "no". He told me for not having a DOT sticker.
He gave me a summons for a non "DOT" helmet. Ironically the second stop on the ride was at
a fire station in my town, about 200 bikes and at least a third of riders like me with skull helmets.
Two of the local police officers (not the same one) where there socializing with the riders.
I was even more upset at my own local police dept.
Anybody getting summoned for their non "DOT" helmets?
#4
08-14-2005, 08:28 PM
RE: Summons for no DOT sticker!
You can buy DOT stickers. They don't mean anything anyway. The DOT helmets don't get tested anymore than the skull helmets. The helmet company pays to have their helmets DOT approved.
Terry
Terry
#6
08-14-2005, 10:04 PM
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RE: Summons for no DOT sticker!
Man I would fight the crap out of that ticket - There has got to be a way to win - I have a chrome Harley half helmet that I took the DOT sticker off of - Was riding around Orange County just the other day and even stopped in the OCC store - Saw a lot of bikers on the road and no one was bothering anyone - You got dinged by a LEO who was looking for any reason at all to give you a ticket - I'll bet the rest of the guys at the station house think this guy is ball buster
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#8
08-14-2005, 10:28 PM
RE: Summons for no DOT sticker!
Well for starters if I'm not mistaken (could be but don't think so), helmet violations are a secondary offense in NY. Meaning they cannot stop you for that offense.
Second I would fight this ticket. Ask the JP to produce a list of Department of Transportation approved helmets (they cannot it doesn't exist). The Law states you must wear a helmet that is approved by the Department of Transportation, but no such thing exists. The sticker simply means that particular model/manufacture helmet has undergone testing to meet the DOT "standards," NOT that it is DOT approved. I hope you see where I'm going here.
Regardless if helmet violations are a secondary offense and he didn't pull you for something else you'll beat it on that.
Hope this helps............. T
Second I would fight this ticket. Ask the JP to produce a list of Department of Transportation approved helmets (they cannot it doesn't exist). The Law states you must wear a helmet that is approved by the Department of Transportation, but no such thing exists. The sticker simply means that particular model/manufacture helmet has undergone testing to meet the DOT "standards," NOT that it is DOT approved. I hope you see where I'm going here.
Regardless if helmet violations are a secondary offense and he didn't pull you for something else you'll beat it on that.
Hope this helps............. T
#9
08-14-2005, 10:57 PM
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RE: Summons for no DOT sticker!
I appreciate the advise.
That's why I was so PO'd at the officer. If I was speeding and he also gave me the helmet
ticket I woudn't be so upset. But for pulling me over just for the helmet sucks.
Funny thing I was meeting 3 riders at the HD dealer, all three are cops. One who is a sargent took my
ticket and will be calling my local police to see if he can get it squashed.
My local police is the Warwick, NY police dept. What bothers me is that the next time I go out will he see
me again and pull me over. If this was a town miles away I wouldn't care so much. Warwick is a very small town.
I also have a HD half helmet but I like using my beanie.
If I end up going to court I will be fighting it.
That's why I was so PO'd at the officer. If I was speeding and he also gave me the helmet
ticket I woudn't be so upset. But for pulling me over just for the helmet sucks.
Funny thing I was meeting 3 riders at the HD dealer, all three are cops. One who is a sargent took my
ticket and will be calling my local police to see if he can get it squashed.
My local police is the Warwick, NY police dept. What bothers me is that the next time I go out will he see
me again and pull me over. If this was a town miles away I wouldn't care so much. Warwick is a very small town.
I also have a HD half helmet but I like using my beanie.
If I end up going to court I will be fighting it.
ORIGINAL: teach
Well for starters if I'm not mistaken (could be but don't think so), helmet violations are a secondary offense in NY. Meaning they cannot stop you for that offense.
Second I would fight this ticket. Ask the JP to produce a list of Department of Transportation approved helmets (they cannot it doesn't exist). The Law states you must wear a helmet that is approved by the Department of Transportation, but no such thing exists. The sticker simply means that particular model/manufacture helmet has undergone testing to meet the DOT "standards," NOT that it is DOT approved. I hope you see where I'm going here.
Regardless if helmet violations are a secondary offense and he didn't pull you for something else you'll beat it on that.
Hope this helps............. T
Well for starters if I'm not mistaken (could be but don't think so), helmet violations are a secondary offense in NY. Meaning they cannot stop you for that offense.
Second I would fight this ticket. Ask the JP to produce a list of Department of Transportation approved helmets (they cannot it doesn't exist). The Law states you must wear a helmet that is approved by the Department of Transportation, but no such thing exists. The sticker simply means that particular model/manufacture helmet has undergone testing to meet the DOT "standards," NOT that it is DOT approved. I hope you see where I'm going here.
Regardless if helmet violations are a secondary offense and he didn't pull you for something else you'll beat it on that.
Hope this helps............. T
#10
08-14-2005, 11:13 PM
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RE: Summons for no DOT sticker!
Couple thoughts here. Does NY require a DOT helmet? If so, does the statute state that the sticker has to be on the helmet? It probably doesn't, but it's something to check out.
Next, if NY wants you to wear a DOT helmet, is your beanie one? If not (putting on flame-proof suit now) then what have you got to gripe about? You took a chance and got nailed. Hopefully, it is a secondary offense, as Teach said. Then you might be able to beat it. But if you have to go before some small town nickle-dime judge, get a lawyer. And use your computer skills wisely - research the law, and make your own DOT sticker!
Next, if NY wants you to wear a DOT helmet, is your beanie one? If not (putting on flame-proof suit now) then what have you got to gripe about? You took a chance and got nailed. Hopefully, it is a secondary offense, as Teach said. Then you might be able to beat it. But if you have to go before some small town nickle-dime judge, get a lawyer. And use your computer skills wisely - research the law, and make your own DOT sticker!