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Before your case goes to trial, make sure you’ve done your homework by researching the arguments that others have used to be successful in defeating helmet law tickets. You can find a lot of resources at the Biker Court portal site.
The Biker Court portal site is a huge project that began in August, 2007. If you have received a ticket and are going to fight it, the first thing we’d like you to do is register. Registration is easy and doesn’t ask you any stupid questions.
After you register, please look under links to find some landmark court cases.
Please be sure to download and print copies of
GS 20-140.4
The helmet law statute you have been accused of violating. Just because you have been accused does not necessarily mean you are guilty. You are innocent until proven guilty.
GS 20-135.2a, sections (e) and (f)
These sections pertain to the fines and court costs.
If you were a passenger, and you are found guilty, the court might try and have you pay more than $10. The appropriate time to bring up GS 20-135.2a, sections (e) and (f) is during sentencing.
There are many other great resources you can find at our portal site. A good preparation includes reviewing all the material and printing out all items you will using when you present your case.
The day of your trial, you SHOULD be dressed nicely, to show that you respect law and the courts. It may seem like an antiquated rite, but it could hurt your credibility if you do not present yourself well.
Most people go astray by thinking they can win their case by verbally attacking the law enforcement officer. Yes, your rights may have been stomped on in an unlawful matter, but to win a helmet ticket case, this is not a good strategy. If the LEO treated you respectfully and professionally, you can mention this, because it will help your credibility.
Credibility. Did you notice we mentioned this twice now? It IS that important. When you testify, the judge is used to getting lied to all the time, so they get really good at figuring out who is telling the truth and who is lying.
So, you’ve got you trial information, your documents, you’re looking good, and you’ve prepared.
You are now ready for your trial. |
