Dear michael52-ga;
Thank you for allowing me an opportunity to answer your interesting
question. If any authority other than the California Highway Patrol
cites you for a helmet violation you COULD potentially face a $10 fine
accompanied by ?proof of correction? (proof that you actually have a
helmet for future use).
Sections 40303.5 and 40610(b) provides for this low penalty with proof
of correction:
Section 40303.5 says:
"Whenever any person is arrested for any of the following offenses,
the arresting officer shall permit the arrested person to execute a
notice containing a promise to correct the violation in accordance
with the provisions of 40610 unless the arresting officer finds that
any of the disqualifying conditions specified in the subdivision (b)
of Section 40610 exist: . . . (d) Any infraction involving equipment
set forth in Division 12 (commencing with Section 240000) . . . (Note:
which includes section 27803, the helmet law.)"
Section 40610(b) states:
"Pursuant to subdivision (a), a notice to correct violation shall be
issued as provided in this section . . . unless the officer finds any
of the following:
"(1) Evidence of fraud or persistent neglect.
"(2) The violation presents an immediate safety hazard.
"(3) The violator does not agree to, or cannot, promptly correct the violation."
Why did I say ??YOU COULD POTENTIALLY FACE??? Well, it seems that the
California Highway Patrol does not share this liberal view of State
law. Their policy is to cite a driver for a helmet violation as if he
or she was an "immediate safety hazard" and they do not view this
particular violation as a correctible offense. A CHP fine can range up
to $250 AND one year's probation.
This appears to be the growing trend in the State of California since
the issue has been debated and several decisions, such as this one by
CHIEF JUSTICE MALCOLM LUCAS (Chairman of the Judicial Council) who has
ruled that the offense is indeed a non-correctible offense as viewed
by the California Highway Patrol.
CJC SUCCOMBS TO CHP PRESSURE AND DECIDES THAT HELMET LAW VIOLATIONS
ARE NONCORRECTABLE
http://www.usff.com/hldl/report/3rdEditione.html
Below you will find that I have carefully defined my search strategy
for you in the event that you need to search for more information. By
following the same type of searches that I did you may be able to
enhance the research I have provided even further. I hope you find
that my research exceeds your expectations. If you have any questions
about my research please post a clarification request prior to rating
the answer. Otherwise, I welcome your rating and your final comments
and I look forward to working with you again in the near future. Thank
you for bringing your question to us.
Best regards;
Tutuzdad ? Google Answers Researcher
INFORMATION SOURCES
CALIFORNIA MOTORCYCLE HELMET LAW
http://www.sasnet.com/bro/states/california/california.html
MANDATORY HELMET LAW: STATE OF CALIFORNIA
http://bikersrights.com/states/california/
SEARCH STRATEGY
SEARCH ENGINES USED:
Google ://www.google.com
SEARCH TERMS USED:
SECTION 40303.5
CALIFORNIA
HELMET
LAW
PENALTY |
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