[Elist] You Can Say, "Your Honor" in Yuba City

John Del Santo mcbwaycool at yahoo.com
Sun Oct 23 17:03:19 PDT 2011

           ( Reprinted with the permission of Mark Temple )

October 21, 2011 - Yuba City, CA 
Another NOT GUILTY verdict Friday in the Yuba City, CA series of helmet tickets written during the August 13th charity run. 
The YCPD wrote over a dozen helmet tickets to riders who were participating in a charity run to help a girl whose father had been killed in a truck accident. 

The defendant (Rich) was well prepared.  The cop brought helmets as evidence to submit. So did we. We didn't even need to use them, though.
The cop finished testifying and the DA added some legal details about how the defendant's helmet didn't have a DOT sticker on it.  
It was time for Rich to cross-examine the cop.

Before Rich could ask a single question, the Judge stopped the trial with a NOT GUILTY verdict, based on Penal Code 1118, and the fact the DA did not show any law requiring a helmet wearer to keep the inside and outside DOT sticker on the helmet after he buys it. Consumer info for the point of sale only.

This is why the CHP halted the writing of helmet tickets since 2009.  .

John Del Santo
    ( 619 ) 223 - 0421
  At Intersections,  and 
  In Your Blind Spots,
 "Check Twice for Motorcycles".  

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