Ticket or warning?

[cpsfjr]

I'm on a road trip today, traveling out of state. I reach my destination (a small town) after a long, hot journey. I fill up with gas and then proceed to drive towards a motel in town where I have a room reserved. Less than 3 blocks out of the gas station a state highway patrolman pulls me over for not wearing a helmet. Apparently this state has a helmet law. We have a friendly conversation and I explain the situation: I've had one on all day (as I always do, including plenty of other gear) but I took it off to fill up and was just going to a nearby motel. (This is a very small town, so everything is nearby). Despite my explanation, including the fact that I'm from out of state, am traveling only a few blocks, at a speed of less than 25mph and, as well, after we have a long and very friendly conversation about bikes (where he advises me he has an '06 FJR and is a member of this forum), the officer proceeds to write me a $67 ticket.

I was totally surprised, thinking the situation was not that serious.

I have no problem with helmet laws, and was clearly in violation, so perhaps I shouldn't question. The officer was professional, the citation was written, and the fine will be paid. The law is the law.

But what about judgment and professional discretion? Should they have a bearing in a matter like this? After all, how many times have you been cited for doing two miles over the speed limit? Should there be some practicality in this type of situation, or should such a law be enforced to the full extent in every circumstance?

Your opinions won't change anything at this point. I'd just like to know how others view this (particularly law enforcement officers) so I'll have a better understanding in the future. What's your opinion?

 

[Last Chance]

I'm on a road trip today, traveling out of state. I reach my destination (a small town) after a long, hot journey. I fill up with gas and then proceed to drive towards a motel in town where I have a room reserved. Less than 3 blocks out of the gas station a state highway patrolman pulls me over for not wearing a helmet. Apparently this state has a helmet law. We have a friendly conversation and I explain the situation: I've had one on all day (as I always do, including plenty of other gear) but I took it off to fill up and was just going to a nearby motel. (This is a very small town, so everything is nearby). Despite my explanation, including the fact that I'm from out of state, am traveling only a few blocks, at a speed of less than 25mph and, as well, after we have a long and very friendly conversation about bikes (where he advises me he has an '06 FJR and is a member of this forum), the officer proceeds to write me a $67 ticket.
I was totally surprised, thinking the situation was not that serious.

I have no problem with helmet laws, and was clearly in violation, so perhaps I shouldn't question. The officer was professional, the citation was written, and the fine will be paid. The law is the law.

But what about judgment and professional discretion? Should they have a bearing in a matter like this? After all, how many times have you been cited for doing two miles over the speed limit? Should there be some practicality in this type of situation, or should such a law be enforced to the full extent in every circumstance?

Your opinions won't change anything at this point. I'd just like to know how others view this (particularly law enforcement officers) so I'll have a better understanding in the future. What's your opinion?

As one that works 10-15 hours a day on the nations highways I feel your pain. Your attitude towards the ticket and the law is the correct one. You also were not one of the lucky one's receiving only a warning. Not fair, but that's the way it goes. LEO's have to "justify" their existence to their "boss" too. He may also have a strict policy of enforcing the helmet law because he rides (a FJR to boot). I'm sure he gets the opportunity frequently to witness the results of motorcyclists not wearing helmets. As such, it may be one of his "missions in life" to "strictly" enforce his state's helmet law.

Better luck on the next one. I don't think it is normally considered a "moving violation" for insurance purposes. Just a guess on my part.

LC

P.S. Just to make you feel worse, I just had my "little" ticket from the CHP for doing 90 in a 65 dismissed in court. The officer failed to show. I want to send him a BIG thank you note! I have not always been so lucky and am installing a McCruise cruise control (and a radar detector) in an effort to prevent a recurrence of that ticket!

 

[v65]

The whole idea behind an accident is that you don't know when they will happen. You were only going 25? Go run into the side of your house headfirst running as fast as you can. I've crashed at 20mph and was glad to have a helmet. What if you were hit by a cell phone chatting 16 year old that blew a stop sign, how fast would they be going?

Another point, how many people do you think that officer has dealt with in their career that didn't have an excuse for what they were doing? Thats all they hear all day long, if I had to put up with that I would be a ticket writing SOB.

 

[twowheelnut]

Helmet law is a law. You broke it. Case closed. No whining.

 

[jdog109socal]

Always wear a helmet. No questions. Law or not

Jd

 

[radman]

ATGATT guys will all suggest he shoulda gunned ya down. I am not one of these. But, on the other hand, you should have known the rules. Good thing he didn't find the crack, all I gotta say. Oh, and everyone a cop pulls over is telling the absolute truth. Swear to God.

 

[boogahboogah]

I can understand your being a little dissappointed that you didn't get a warning, but a helmet law is just that, law, so it's just a mistake you chalk up to "I shoulda put the *&!^@&%$ helmet back on..."

 

[Greg E.]

Yeah...just what he said...."shoulda put the *&!^@&%$ helmet back on..." :helmetsmiley:

 

[vectervp1]

Helmet law is a law. You broke it. Case closed. No whining.

+1

Pull up your pants like a big boy and wipe away your tears. Your starting to sound like my g/f daughter!

 

[weekend rider]

Look at it another way, that small town needed some revenue to keep the lights on in the jail. house. :yahoo:

Remember that offocer is there to serve and to protect, even for people that have memory laspes and for get to put their helmet on. Just pay and move on.........

weekend rider

 

[Fencer]

A warning would have been nice, but you didn't get it. Like it was said, the cop could be an ATGATT person so its just his nature.

If I get a ticket in the morning I won't be happy, I will more than likely deserve it, and if nothing else consider it ying and yang balancing out for all the times I "got away with it"

The lastest installment of getting away with it for me was on the way back from SFO. I was running a non-legal speed following an SUV. Almost ran right past an undercover Trooper. The Suv didn't see him till he (the Suv) was next to the trooper. I saw him from maybe a 100 yds earlier. The Trooper took the SUV, but could just have easily got me or both of us. He followed me for a few min then lit up the SUV.

Like I said, I wouldn't like it, but couldn't really ***** about it. I'll take luck over skill most any day. I just hope mine ain't running out.

 

[ponyfool]

For all of you who say the officer was completely unjustified, let me ask you this. Why is it that everyone thinks that the officer HAS to believe their story? Do you honestly think the officer has never been lied to in his career by someone trying to get out of a ticket? Yes, there are frequently mitigating circumstances that will persuade an officer to not write a ticket, but even then, it isn't necessarily a given that you should get out of a ticket.

For curiosity, where was your helmet? If it was in a side case or the like, why would he believe you? If it was somehow on the back seat, his thought process would be, why weren't you wearing it?

 

[frayne]

I could go either way, if he is truly a member of the forum I would have thought he might have let you pass with just a warning though. Might try to get him in on the 25 year old, group buy, kinda of a goodwill gesture.

 

[Fencer]

For all of you who say the officer was completely unjustified,

Pony, What post are you reading?

Everything I read says, a warning would be nice but you didn't get it, pay it and move on or the law is the law. Even the author stated this. Unless my blind eye is blocking my ability to read, I don't see a post saying the officer was unjustified.

 

[v65]

For all of you who say the officer was completely unjustified, let me ask you this. Why is it that everyone thinks that the officer HAS to believe their story? Do you honestly think the officer has never been lied to in his career by someone trying to get out of a ticket? Yes, there are frequently mitigating circumstances that will persuade an officer to not write a ticket, but even then, it isn't necessarily a given that you should get out of a ticket.
For curiosity, where was your helmet? If it was in a side case or the like, why would he believe you? If it was somehow on the back seat, his thought process would be, why weren't you wearing it?

People lie to the police????? That is outrageous, should be a law against it or somethin'

 

[Bounce]

Helmet law is a law. You broke it. Case closed. No whining.

+1 on this one. it's like trying to convince a judge that +10 is different than +20. in his/her eye's +x is still a violation and you just confessed/admitted to it.

this also doesn't address the ATGATT issue.

 

[FJR_pig]

For all of you who say the officer was completely unjustified,

Pony, What post are you reading?

Everything I read says, a warning would be nice but you didn't get it, pay it and move on or the law is the law. Even the author stated this. Unless my blind eye is blocking my ability to read, I don't see a post saying the officer was unjustified.

Yeah, I haven't seen anyone siding against the officer's decision here, yet. My guess is Ponyfool is preparing for the inevitable anti-cop rants that will surely appear in this thread, as they usually do from a couple of the usual characters. Ahh, another good cop, bad cop topic. Hang on for the ride...

Sorry, my glass is a bit 1/2 empty this morning...

Oh, and I would've issued the citation. I hate making death notifications, especially on fellow motorcyclists.

 

[bramfrank]

Guilty (by admission) as charged. Pay it and move on.

 

[madmike2]

Yeah, I haven't seen anyone siding against the officer's decision here, yet. My guess is Ponyfool is preparing for the inevitable anti-cop rants that will surely appear in this thread, as they usually do from a couple of the usual characters. Ahh, another good cop, bad cop topic. Hang on for the ride...
Sorry, my glass is a bit 1/2 empty this morning...

Oh, and I would've issued the citation. I hate making death notifications, especially on fellow motorcyclists.

Uhm, Ponyfool, officer, sir, you'll have to turn your "cop-bashing radar" on low as it wasn't the case on this thread. :blink: It is a good thing you didn't post your reply on "Dogpile Friday"....

I can only think of a couple of times I've even moved my bike in a gas station without putting my helmet on...and that felt "weird". It is soooo much easier to put it on, even if you don't fasten the chin strap.