Bikers Inner Circle
 

Helmet Tickets

> By Dennis Pelham

> Daily Telegram

> Posted Jun 24, 2010 @ 05:08 PM

> ADRIAN, Mich. Motorcyclists fighting unapproved helmet tickets they

> received this spring from Adrian police were notified last week the

> cases are being dropped.

>

> Legal issues brought up in Lenawee County District Court by an

> attorney for a motorcycle rights group are the same ones involved in a

> lawsuit in federal court in Grand Rapids, said Adrian City Attorney

> Sarah Osburn. Rather than leave the half-dozen tickets pending in

> Lenawee County District Court for months or years while the federal

> case is decided, she said, the tickets were dismissed.

>

> Depending on the outcome of the federal lawsuit, she said, it is

> possible the tickets could be reinstated. But that has not been

> decided, Osburn said.

>

> Helmet enforcement in Adrian this spring drew the attention of ABATE

> of Michigan Inc. An attorney for the state’s chapter of American

> Bikers Aiming Toward Education showed up for an April 20 hearing on a

> challenged helmet ticket in district court, along with about 20 local

> members of the group.

>

> Osburn said she and Sgt. Lynn Courington, who wrote the helmet

> tickets, agreed to drop enforcement action until the federal lawsuit

> defines how the helmet law is to be applied.

>

> Courington, a motorcycle instructor and enthusiast, said there was

> nothing personal about the enforcement actions or the decision to wait

> for legal issues to clear up.

>

> “Whatever the law says to do, that’s what you do,” he said Wednesday.

>

> Martin Richardson, one of the first motorcyclists to fight the helmet

> tickets, said he was happy to learn the city is dropping the cases.

>

> “I did not think it was appropriate the way it was handled,”

> Richardson said. He said he felt his rights were being abused when he

> was stopped and his helmet taken for evidence, forcing him to wait for

> a friend to bring him another helmet before he could ride home.

>

> A federal judge in Grand Rapids agreed in April to decide a claim by

> ABATE that Michigan’s helmet law is being illegally enforced by police

> who stop riders on suspicion of wearing an unapproved helmet. The

> group claims there is no method for police to determine if helmets

> meet federal Department of Transportation requirements without looking

> inside the headgear, making the stops illegal searches.

 

 

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