PC §724 - HELMET LAW
INFRACTION
(a) Definition
Helmet law violation is the act of operating or riding as a passenger on a motorcycle, bicycle, or other similar vehicle without wearing a helmet that meets the requirements specified by state laws or regulations.
(b) Elements of the Offense
The following elements must be met to constitute a charge of helmet law violation:
The defendant operated or rode as a passenger on a motorcycle, bicycle, or similar vehicle.
The defendant was not wearing a helmet that meets the specifications outlined in state laws or regulations.
The violation occurred on a public roadway or other designated areas where helmet use is mandated.
Helmet Requirements
(a) Helmet requirements may vary by jurisdiction but typically include specifications regarding the type, design, and safety standards of helmets that are approved for use while operating or riding on specified vehicles.
Prohibited Conduct
(a) Prohibited conduct may include, but is not limited to, the following actions by vehicle operators or passengers:
Operating or riding on a motorcycle, bicycle, or similar vehicle without wearing a helmet.
Using a helmet that does not meet the specifications outlined in state laws or regulations.
Allowing passengers, especially minors, to ride without wearing helmets as required by law.
(c) Defenses
(a) It shall be a defense to a charge of helmet law violation if the defendant can prove that they were exempt from wearing a helmet under specified circumstances outlined in state laws or regulations.
(b) Lack of evidence of helmet law violation, such as errors in law enforcement observations or documentation, may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as causing accidents, injuries, or fatalities due to failure to wear a helmet, repeated violations, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
NOT ARRESTABLE
FINE SET
$89.00
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