TESTIMONIALS   Virginia Helmet Law Declared Unconstitutional After months of harassment, bikers finally win. What started out as helmet tickets winds up getting the Virginia helmet law declared unconstitutional by Rockingham County Circuit Court on the basis that the statute is void for vagueness. THIS DOES NOT MEAN YOU CAN THROW THEM AWAY YET OR RIDE WITHOUT THEM, IT MEANS WE HAVE WON ONE SMALL VICTORY. This ruling only applies to Rockingham County. In the spring of '98 Officers of the Harrisburg Police Department began a series of ticketing and confiscation against anyone found wearing what they felt was an unapproved helmet. Motorcyclists were stopped not for traffic violations but for wearing what the officers felt looked like the helmets they had seen in the NHTSA training film FAKE HELMETS. (This film was produced with the help of the Maryland Police and your tax dollars). As soon as this office was contacted about this practice I wrote the Chief of Police and the City Attorney protesting the confiscation and it was stopped. I also filed a Virginia Freedom of Information Act request and that's when I found out that the police training had consisted of watching the NHTSA video and reading the NHTSA safe helmet brochure. Eventually, I would represent several of the motorcyclists involved and all of the cases were dismissed. However there was one biker, Francis Michael Collins (Tweeter) who had already been found guilty so I had him appeal to the Circuit Court. Once in the Circuit Court a motion to dismiss was filed along with a Memorandum arguing that our statute is unconstitutional. Our statute requires that a helmet meet D.O.T., ANSI or SNELL. The Court without an opinion granted my motion and dismissed the case on the basis that the statute as written is unconstitutional. WARNING: This decision is not binding in any other jurisdiction. As usual, this A.I.M. attorney handled these cases on a pro bono basis including the court reporter fees and travel expenses. It's one of the ways I give back to the community that supports me. Return to previous page