Nevada helmet tickets

I would like to see more participation in the Las Vegas area when we go to our breakfast ride the day before Valentine's Day. Anyone can bring home a bunch of flowers or a box of candy. It takes some real sack to bring home a helmet ticket and fight it in court. That is a gift we can all benifit by. Weezy is doing a great job with his research and the on going battle with the area courts and if you get the chance to show a little support when it's his turn in the barrel. I'll be there and I am extending the invite to all MRO's in the area.


Weezy's Court Date

I went to court last evening, I was concerned about the judge dismissing my case (they do that a lot out here). It did not get dismissed.
the prosecutor came to court extremely unprepared, He admitted to the judge that he couldn't find the "standard" he needed.(fmvss .218) the Judge didn't look happy, but we started the show.
The Officer took the stand, sporting baggy sweat pants and a Charlie Brown shirt. The prosecutor Started with the typical “base” questions, then quickly turned to the officer and asked “Based on your training and experience” to which I objected.
Turns out, “Thanks to the Quig case, I had a sworn statement from metro stating that they provide no training, regarding helmets.
Upon hearing this, the Judge turned to the LEO and asked if he had received any training, The Officer promptly folded his arms, set his jaw and (no exaggeration) sneered “absolutely not”.
The Momentum had swung, and the prosecutor being unprepared, stumbled around, more or less letting the Cop testify at will, with a question here and there. When they reduced there case to attempted personal attacks, the judge stepped in, and they quickly ended questioning.
When I started questioning, it turned into a wrecking ball, on the prosecution. The Officer behaved like a child in time out. The Judge was eyeballing the prosecutor, who had his arms folded, not having fun at all.
The officer had testified that my helmet contained no impact absorption material, so I asked him where this material is generally located, he replied on the inside, and rolled his eyes, like Duh. My next question was at what point in the stop did you inspect the inside of my helmet? (that he just got done saying he had not inspected). It was at this moment the Cop angrily yelled “I didn’t because you never took it off your head”.
Things were not getting better for the prosecution, as I set several traps, which they gladly walked into. The Judge, sensing this, waited until I was done with my questions, and stated due to the prosecution’s preparation deficiencies, we would continue next month.
The Cop Stormed out of the courtroom, and the Judge didn’t even wait for the “All Rise” command. He hauled ass into his Chambers. Thank you B.O.L.T.
David Stilwell

Nevada headed toward NO HELMET LAW

So, what we have in Nevada is proof that even a prosecutor had problems finding FMVSS 218. That should be the basis for a finding of unconstitutional due to vagueness. If this particular case does not get to the higher courts, it can be used to form the basis of an injunction case. It would be good if there are lots of other cases to reference, but just this one case should be good enough.

Question for weezy:
Was there a court reporter/stenographer typing up transcripts or was there any other official recording device?

This is EXACTLY why MRO's should adopt a NO COMPROMISE approach!

MRO's in some states, (Texas, Florida, Nebraska, and Michigan) are kissing legislator butt, trying to get them to make a deal wherein all bikers will be forced to either pay hundreds of dollars or buy expensive health insurance plans for an extra "privilege" of riding lidless.

Take all those hundreds of dollars that your MRO's are trying to make everyone part with for just one year, and send them to an injunction fund. The helmet law can be easily won if the courts are "just", and where the courts are not just, the cases need to go to the next higher level of court.

Question for Bones:
Does ABATE of NV have an injunction fund? If not, can it start one to help weezy and any other BIKER take this to higher level courts?