******UPDATE 5/18/2007, THE BELOW CASE HAS BEEN OVERRULED BY THE STATE APPEALS COURT IN FAVOR OF THE CHP. YOU CAN READ MY NEW ARTICLE ABOUT THIS CASE BY CLICKING HERE!

A Superior Court Judge for the County of Santa Cruz has ruled that California’s Helmet Law is unconstitutional because it is vague and ambiguous.

The gist of the Court’s ruling is that the law cannot be uniformly enforced throughout the State the way it is written, so it is therefore unconstitutional.

Click here to see the actual Court Ruling which in Adobe PDF format.

I have heard that certain Police agencies are continuing to write helmet violation tickets notwithstanding the ruling from Santa Cruz.

You can bet that the State will appeal the ruling.

I am advocate of a biker’s right to chose as to whether they want wear a helmet when they ride a motorcycle or not. There are valid arguments for wearing helmets and not wearing helmets.

Notwithstanding the Court’s ruling, it is safe to say they if you decide to “not wear a helmet” while riding your motorcycle; you will probably still receive a ticket. The Court ruling will no doubt give you a legal basis for challenging the ticket in Court. The bottom line is whether you have the time and resources for challenging a helmet law violation using the Court’s ruling as a basis for your defense.

Norman Gregory Fernandez, Esq. , Copyright 2006.

The post California Helmet Law Ruled Unconstitutional! NOTICE THIS DECISION HAS BEEN OVERRULED! first appeared on Biker and Motorcycle Accident Lawyer Blog.