Pulled over and ticket issued by GSP for no helmet in Georgia

26569 Views 108 Replies 35 Participants Last post by SpringerRider, Jun 18, 2020

Customnesguy

Discussion Starter · Sep 20, 2015

Wife got pulled over and issued a ticket for no helmet in the Slingshot by GSP, mind you shes been pulled over atleast 5 times already and never a word about a helmet (They pull her over because shes a young blonde and they just want to see the vehicle). We have over 3,000 miles on it. He said he had a superior with him or something and had to. I didn't get there in time to discuss the law with him, but the law exempts helmet use for anything with an enclosed cabin. I would say its as much or more of an enclosed cabin as a Jeep is. She said he was real nice and that he didn't think it looked like you needed a helmet, but told her to go to court and he will show up and actually help here get out of it. Said he wants to buy one and wants the law to be clear for no helmet use in it. He also said she wont have to pay it if she shows up after they take a look at the vehicle. Sounded sure of it, but sounds a little funny to me but we'll see. Now I know some of you may not condone no helmet use, but I really don't want to always have to wear a helmet. I have only been wearing one on the interstate. The SS is just not quite as much fun with a helmet on, and I'd honestly rather take the risk if there is one.

If anyone can offer key points in any of the laws that would help the case, please share. Let's get the SS in the books.

See less See more

Reactions: 2

81 - 100 of 109 Posts

sooey2u

· #81 · Oct 16, 2015

No you're missing the point. A Jeep has undergone DOT safety testing as a vehicle. Different standards for motorcycles.

Hey don't wear a helmet based on your LEO friend's opinion. Take it court, if you wish.

I think you forget or haven't read my posts on this issue.
Robert

sooey2u

· #82 · Oct 16, 2015

Limited sl said:
I call BS as it seems a lot of LEOs disagree with you.

I double down your BS and call you...

and truly hope you get pulled over by the other LEO'S that just wish to look at the Sling and that agree with you on the helmet "interpretation.

My motto has always been ," let those that ride, decide", but still be prepared for the interpretation of the judge or judges that you stand before.

Robert

StingrayHawaii

· #83 · Oct 16, 2015

I do not like laws that impact your personal freedoms! But the SS is a motorcycle in Ga and the law says you need a helmet! It is also equipped with a seat belt and in Ga you need to wear one if it is equipped!

My choice is to wear both anyway! Probably would even if that was not the law!

If some one else chooses a different choice, that is their right, but then they should not be whining on this site if they get a ticket!

I think in Ga you would be more likely to get pulled over by not wearing the seat belt than for no helmet! But each LEO may have his own priority!

Reactions: 1

RABTECH

· #84 · Oct 16, 2015

OK. Y'all know where I stand on this.

I have in front of me a copy of the Alabama state law section 32.

The whole issue revolves around enclosed and fully enclosed. Now before y'all jump in my sh1t, I understand we all have a disagreement about what is enclosed and what is fully enclosed. I am not arguing that this morning.

What I am arguing is the FACT that there is an exemption that IS in place in Section 32 that says you DO NOT need a helmet in a ENCLOSED motorcycle.

Judges will tell you that this would be up to the judge that HEARD the case and your ability to explain your side. They both said that since Alabama hasn't DEFINED the difference that they COULD (but do not have to) look at states with similar laws and could use that to help in their decision.

BUT THEIR IS NO GUARANTEE YOU WILL WIN!

Alabama and several other states added this enclosed exemption many years before the Slingshot was even a fantasy. That does not mean that the exemption can't be used. It simply means that as everyone has said. YOU MAY get a ticket. And YOU CANT say I didn't warn you.

I hope no one post below what THEY THINK (Because its strictly your own interpretation and NOT set by the law, YET) of what ENCLOSED exactly means.. I have read and heard it a million times it seems. But you can't tell me your version is LAW. Its NOT defined.

AND THIS IS ALSO MY OPINION,,,, Why would certain states have BOTH "Enclosed and Fully Enclosed" listed as exempt from the helmet law.

My opinion again,,,, Its because there had to be a difference. Obviously the difference wasn't put in the law for the Slingshot. But who cares! ITS A LAW ON THE BOOK. And I will use it.

NOW THE BIGGIE. You can bet your last dollar that eventually there will be a very CLEAR law that will define the safety gear needed or not needed in each state. But until then I will risk getting a ticket if I get stopped. I acknowledge that its up to me to prove my case. So far every trooper I have shown the actual state law to has agreed with me. But that doesn't mean the next one will.

See less See more

Customnesguy

Discussion Starter · #85 · Oct 16, 2015

I/my wife have since talked face to face with 2 LEO's from the city (remember it was a state trooper that ticketed me). First one is a friend of mine. He said and I quote "sounds like horseshit" lol. My wife does hair at a big salon and the chief of police is a lady so shes always there. She told her about it and she just laughed. I know this doesnt bring alot to the table here but thought it was worth mentioning.

Bill Martin

· #86 · Oct 16, 2015

It's bad enough trying to figure it out when you have to try and interpret the law on helmets, enclosed vehicle, rear fender, etc. in your home state. Then compound that when you start crossing state lines into another set of laws. This is why I have been stumping for some type of federal classification that makes the laws clear and explicit from California to Maine. I think a lot of the violations we have discussed here, if challenged in court, would not stand as written. Problem is fighting a small ticket is a major inconvenience that nobody wants to deal with. The law should be written explicit enough where there is no "wiggle room" for LEOs or the citizen.

Reactions: 1

Limited sl

· #87 · Oct 16, 2015

RABTECH said:
OK. Y'all know where I stand on this.

I have in front of me a copy of the Alabama state law section 32.

The whole issue revolves around enclosed and fully enclosed. Now before y'all jump in my sh1t, I understand we all have a disagreement about what is enclosed and what is fully enclosed. I am not arguing that this morning.

What I am arguing is the FACT that there is an exemption that IS in place in Section 32 that says you DO NOT need a helmet in a ENCLOSED motorcycle.

Judges will tell you that this would be up to the judge that HEARD the case and your ability to explain your side. They both said that since Alabama hasn't DEFINED the difference that they COULD (but do not have to) look at states with similar laws and could use that to help in their decision.

BUT THEIR IS NO GUARANTEE YOU WILL WIN!

Alabama and several other states added this enclosed exemption many years before the Slingshot was even a fantasy. That does not mean that the exemption can't be used. It simply means that as everyone has said. YOU MAY get a ticket. And YOU CANT say I didn't warn you.

I hope no one post below what THEY THINK (Because its strictly your own interpretation and NOT set by the law, YET) of what ENCLOSED exactly means.. I have read and heard it a million times it seems. But you can't tell me your version is LAW. Its NOT defined.

AND THIS IS ALSO MY OPINION,,,, Why would certain states have BOTH "Enclosed and Fully Enclosed" listed as exempt from the helmet law.

My opinion again,,,, Its because there had to be a difference. Obviously the difference wasn't put in the law for the Slingshot. But who cares! ITS A LAW ON THE BOOK. And I will use it.

NOW THE BIGGIE. You can bet your last dollar that eventually there will be a very CLEAR law that will define the safety gear needed or not needed in each state. But until then I will risk getting a ticket if I get stopped. I acknowledge that its up to me to prove my case. So far every trooper I have shown the actual state law to has agreed with me. But that doesn't mean the next one will.

Bill Martin said:
It's bad enough trying to figure it out when you have to try and interpret the law on helmets, enclosed vehicle, rear fender, etc. in your home state. Then compound that when you start crossing state lines into another set of laws. This is why I have been stumping for some type of federal classification that makes the laws clear and explicit from California to Maine. I think a lot of the violations we have discussed here, if challenged in court, would not stand as written. Problem is fighting a small ticket is a major inconvenience that nobody wants to deal with. The law should be written explicit enough where there is no "wiggle room" for LEOs or the citizen.

Agree that is my opinion

Reactions: 1

MThrasher

· #88 · Nov 3, 2015

Please let us know the outcome of your court date. I live in Atlanta and drove all summer with no helmet. I've talked to several state patrols, local officers and judges and there is no concrete answer. I've used the "enclosed" statement several times and have never gotten a ticket. And frankly I would sell my SS if I had to wear one in August in Atlanta.

I drive an older FJ40 land cruiser with no doors or top and don't wear a helmet either and I'm just as at risk as riding the SS. I have also been a Harley rider for years and don't see the connection for having a required helmet other than the SS is classified as a motorcycle.

So I agree it is the law with some caveats that can be argued. It's my personal decision and part of the risk of ownership.

Let us know what the judge says.

Reactions: 1

dinger

· #89 · Nov 3, 2015 (Edited)

I run back and forth down to stay with family in Gulf Shores AL more than I should sometimes. 6 trips in the last 9 months and never put on a helmet, 1 police officer out of 100's said something to me and he was on crossing guard duty. I told the kid that was with me -that's why the Chief has him on crossing guard duty. I would of thought by now all the states would of had the helmet issue worked out by now but it's not even close yet.

Reactions: 1

Customnesguy

Discussion Starter · #90 · Nov 9, 2015

Okay it was just a bunch of BS! She went to court, and she said they pooled her in with a bunch of criminals so immediately she was uncomfortable. She said a solicitor (I dont even really know what that is???) told her she would have to wait all day to see the Judge, and then would still have to come back. OR, she could pay him $50 and be on her way. She had to work so she had no choice. So nothing got done. The solicitor guy told her she should be fine not wearing a helmet???? So we still dont know, and I'm still going to do what I feel like. Sorry I wasnt more help.

Reactions: 1

MThrasher

· #91 · Nov 9, 2015

thank you for the update! Don't you love our court system.

Tripod

· #92 · Nov 9, 2015

Male solicitor = male prostitute...

(For anyone seeking further info about this career path, please contact @SlingbladeSL )

See less See more

TravisSS

· #93 · Nov 9, 2015

Let me first start by saying that I don't believe you should be required to wear a helmet while driving the SS. However, the SS is classified as a motorcycle mostly everywhere I have seen. You carry motorcycle insurance and have a motorcycle plate. If your state has a helmet law requiring the use of a helmet then that's it. If you choose not to wear a helmet and receive a ticket then you should be responsible to pay the ticket. I wear mine the majority of the time, but if I get ticketed for not wearing it then I will have to accept the fine. I know in my state that you are supposed to wear a helmet on a motorcycle.

Customnesguy

Discussion Starter · #94 · Nov 9, 2015

MThrasher said:
thank you for the update! Don't you love our court system.

We've never been to court! But I didnt expect that.

Publius

· #95 · Nov 9, 2015

Customnesguy said:
We've never been to court! But I didnt expect that.

My experience is they just want the money. Unless you do something really wrong and have a bad driving record, in CT and NY they will reduce the charge. 2 years ago I fell victim to a speed trap while decelerating downhill to a stop light where the speed changed from 55 to 45. I could not have been more than 300 ft in the 45mph zone when the red lights were on me. The NY state trooper wrote me up and said, you seem like a nice guy, plea not guilty, come to court and I'll knock down the charge. I showed up in court and he pulled me from my seat. He said if I agree to a parking violation with no point, the moving violation with points would be dismissed. When it was my turn he presented that to the judge, I paid my fine and was on my way.

lostnparadise

· #96 · Nov 9, 2015

I would agree with your decision on the ticket, but doesn't that show the coruption of our system. Maybe coruption is not the right word. But the system is screwed up!

Red

· #97 · Nov 9, 2015

If the ticket was paid then the presedence has been set and the officers may continue to issue more.

Limited sl

· #98 · Nov 9, 2015

The problem in Ga is the State Patrol gives tickets to the county or city they were issued in so it is just a crap shoot as to what kind of court you attend. Most of the time if you plead not guilty the officer that wrote your ticket will not be in court so they bundle all his tickets together and have you all come back on the day when he will be in court. It sucks as it means most people with a small offense just plead guilty and give them the money. Also the fine you pay will be much less than if you lose in open court.

Limited sl

· #99 · Nov 9, 2015

Red said:
If the ticket was paid then the presedence has been set and the officers may continue to issue more.

Not true as a paid ticket that did not go before a Judge is not a presidency. It only becomes one when it has been heard by the court and a ruling handed down.

Red

· #100 · Nov 9, 2015

A paid ticket is a guilty or no contest entry in the system.

81 - 100 of 109 Posts

This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.