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Archive for the ‘California Law’ Category

The Quigley v. CHP injunction/declaratory relief case went to trial in May, resulting in a judgment for the CHP. The Plaintiff’s trial attorney, Wendy Lascher, Esq., is currently considering whether to appeal the judgment.
The presentation of much of the Plaintiff’s evidence was prevented by the Judge’s rulings on a couple of last minute defense motions in liming. The Court issued a ruling prohibiting testimony regarding helmet law citations that were illegally issued to the named Plaintiffs and other California bikers prior to 2005. This was problematic, as came out in the testimony of Mark Temple, because the California Highway Patrol adopted a policy several years ago not to ticket many of the BOLT members, including Plaintiffs Steve Bianco and Don Blanscet, so that notwithstanding that they ride with two inch wide helmets or sunglasses with DOT scratched into the side, their last CHP ticketswere all pre-2005. The Judge also rejected testimony with regard to helmet law tickets illegally issued by other law California law enforcement agencies which we had sought to admit on the basis that these other police agencies take their lead from the CHP on traffic law enforcement policy. For a more complete discussion of the legal issues from the motorcycle lawyers perspective,
But notwithstanding the trial Judge’s adverse rulings, there were major steps forward achieved at the trial that will serve us on appeal or in the next trial we bring to overturn California’s helmet law. For one, we obtained the unrehearsed and apparently unprepared testimony of Sergeant Valdez, whom the CHP designated as its employee “most knowledgeable” about CHP helmet law enforcement policy. Appallingly, Sergeant Valdez testified that he was unaware of the published California appellate decisions which severely restricted the CHP’s constitutional leeway to issue helmet law citations. Sergeant Valdez also stated that he was unaware of the federal injunction restraining the CHP from issuing helmet tickets in violation of these California constitutional restrictions.
As discussed in previous BIKER magazine BOLT columns, the two published California constitutional cases and federal injunction held that the CHP must not consider helmet fabrication and must have “probable cause” to believe that the rider has “actual knowledge” that his helmet has been recalled or determined by NHTSA to be noncompliant with FMVSS 218. Sergeant Valdez testimony that he was unaware of the foregoing case law is an insult to the Courts which issued those decisions, and makes plain that the CHP has no intention to comply with the constitutional restrictions on its authority to enforce the helmet law. Sergeant Valdez also made this plain when he testified that the officers decide to ticket a biker solely on basis of their subjective determination whether particular headgear “looks like a helmet” or not. This “if it looks like a duck, waddles like a duck and quacks like a duck” testimony plainly violates the prohibition on consideration of qualities of helmet fabrication. The CHP policy also plainly violates the federal court injunction, under which a rider can only be ticketed the officer has probable cause to believe that the rider has actual knowledge that his headgear has been recalled or determined noncompliant with FMVSS 218.
The Plaintiffs trial attorney, Ms. Lascher, is considering, among other things, whether the Valdez testimony is sufficient evidence upon which to mount an appeal from the defense judgment, weighing also the fact that the Judge prevented the Plaintiffs from presenting the biker testimony which would have established in fact, just as we did in the Easyriders case, that the CHP had issued hundreds of illegal helmet tickets in the dozen years following the above referenced California and federal decisions.
While we “lost” the trial, we have taken a big step forward in obtaining this testimony of Sergeant Valdez, and there is nothing in this result that dissuades us from our convictions about the validity of the constitutional positions central to BOLT’s attack on the California helmet law. The Plaintffs may or may not appeal the result in this case given the judicial limitations upon our introduction of our strongest evidence. But there is one thing about which all may be certain, and that is that BOLT will never give up the fight. We will not stop until we prevail. We will not stop until all California riders are accorded the ordinary dignity to make their own decisions about what to wear when they ride.
Ray Henke is a California motorcycle accident lawyer, former Governor of the Los Angeles Trial Lawyers Association and LATLA’s nominee for the “Trial Lawyer of the Year” Award. Mr. Henke also co-moderates Bruce & Ray’s Biker Forum.

Related California Law Articles

a question about pa state law and CPS.?
ok i have a question for anyone from that state. I’m living in tx and i have a friend who lost his son due to cps. the mother died in a car accident out of state after he was born. the child was taken from birth. now dad spent some years.

NJ Gov. Jon Corzine was not wearing his seatbelt when his vehicle crashed. Should he pay a fine?
Corzine violated state law by failing to wear his seat belt when his official vehicle, driven by a state trooper at 91 mph, crashed on the Garden State Parkway. State law requires all front seat passengers wear a seat belt; Corzine.

Private company party with a cash bar, is employer liable if an employee is over served and causes an accident
under georgia state law The simple answer is sure. Anyone can sue anyone else for anything at any time. Whether or not they can win the case is something else entirely. It depends a great deal on the employee.

Do you have to have your parents permission to get emacipated?
No, but it helps. With emancipation, the decision is up to the courts, based on a set of factors defined by applicable state law. The most common is that the minor is mature enough to make decisions on their own behalf. Having the parents support the decision.

Do you need a lawyer to have last will and testament done? Can it be notarize?
You can have a DIY will, but REMEMBER: Wills are controlled by state law. These laws vary from state to state; what is legally binding in one state (like a handwritten will) may not be in another. This same warning applies to.

What is the california state law on carying and knife?
Lots of misinformation here. California law prohibits the possession of switchblade knives with a blade of over 2 inches. (Pen. Code sec. 653k.) California law also prohibits the CONCEALED carrying of dirks or daggers (Pen. Code sec. 12020) which, under California law, would include almost any knife with.

What is the Eerie Doctrine?
Having a difficult time understanding it. here it is down and dirty: for state actions in diversity, that take place in fed court: substantive issues are decided by state law, not federal. the state law that governs is the state where the cause of action arose. procedural issues are decided on federal law. got.

What is the statute of limitations on hit and runs?
this would be for one w/o death occuring That depends on what state you are in.this is a matter of state law and laws vary by state. – Just go ahead and turn yourself in now.. – Normal limitation is 2years but i think on hit on run it.

What is Virginia state law on Assault to family memeber and battary charge?
If the person who was being assaulted could they tell the judge to drop the case or not? Virginia is one of the states the a victim of Domestic Violence cannot drop charges.the judge must allow it.even the prosecutors can’t do it. – Depending on the.

Why do corporations require health and saftey in the workplace?
It is not so much that the corporations require health and safety, but rather state law requires that employers have a health and safety policy to guarantee safe working conditions for employees. – They don’t, that’s why we buy so much stuff from overseas. The government requires it.

Why is it illegal to carry guns on Virginia campuses ?
But its legal everywhere else in the state. I think that crazy asian guy would have been stopped earlier if students carried weapons Puzzling, isn’t it? Don’t college folks have a right to self defense too? – It is the state law. You need to read the legsilation.

According to state law in california if we work an eight hour shift, how long of a break/lunch are we allowed?
I work at a retail store, and the employees here are paid comission based with an hourly rate and we’ve always had an hour long meal time, but just recently. my boss has cut it down to 30.

Can I sue my father for not paying child support but I’m 22 years old?
No. Your mother might be elligible depending on your school status and state law. – Nope, thats your mom’s responsibility. – No, he’s only required to pay child support to the age of 18. Sorry buddy, time to get a job. – No,you.

Can you get a DUI on a bicycle?
I’ve heard you can, and I’ve heard people tell me they have, but I’m not sure if they were BSing me or not. Actually, it depends on state law. In Ohio, a bicycle is a vehicle. So, yes, you can. Here is an excerpt from State v. Gangle, a 2002 Ohio.

does anyone know if it is legal.?
to ride in the back of a pick-up truck in Oregon? How about in Nevada? Under the state law (of both states) it is not illegal as long as the truck does not weigh more than 10,000 pounds and is following all other safety laws (speed limit, passengers sitting, etc.) Additionally, the.

Does Arizona state law regonize common law marriages?
Arizona has a specific statute relating to common law marriages: Arizona Revised Statute 25-111 states as follows: A. A marriage shall not be contracted by agreement without a marriage ceremony. B. A marriage contracted within this state is not valid unless all of the following occur: 1. A license is.

does federal law override state law?
specifically: would ‘Title VII of the Civil Rights Act of 1964′ override the ‘New Jersey Law Against Discrimination’ Please provide sources and does a school board’s override ‘Title VII of the Civil Rights Act of 1964′ and ‘New Jersey Law Against Discrimination’? thank you sooooooo much! Federal laws overrides state law which overrides.

How can i encourage people to help make medical marijuana legal in minnesota?
Problem is, if Minnesota state law deems it legal to use marijuana for medical purposes, the federal law still says that it is illegal and federal law must be followed over the state laws. If you want to make marijuana legal, you must work on.

How do I get out of a contract?
I signed a contract to have work done on my basement for a substantial amount of money. I can not afford to have the work done, and need to get out of the contract. I have a small deposit with the contractor. I have already passed the 3 day state law.

How long does an employer legally have to write me up for an incident?
I live in texas if that helps Honey Bunny-I’d love to help, but doubt that I can. This should be governed by your personnel handbook, not by state law. If it was a lawsuit, there would be a statute of limitations. I do represent an.

If the U.S. Constitution conflicts with state law, which law will be held valid? Why?
Constitution. While federal law does not dictate every aspect of personal and civil functions, the fields it does choose to address supercede individual states’ will. Just as an example, if federal law did not overshadow state law, then many states would have already.

Is growing poppy seeds in the United States,in the state of Louisiana, illegal?
Is growing poppy seeds in Louisiana illegal?If not,when does it become illegal?And could someone direct me to offical Federal and or state law websites that specifically address this issue clearly without all the open interpertation crap,please? Yes. Categorically it is ILLEGAL to grow poppy in the.

Minor been home with infant?
is there a federal law or state law where you have to be X years of age so that u can be home alone. My sister in-law takes care of my 3 month old for few hours a day, and im not sure if thats ok. She is 14, shes very good with babies,.

For florida teachers only: Just found out I have to take the Middle Grades Integrated Curriculum test. Help?
My principal pulled me into his office and explained to me that our county misinterpreted state law and now I have to be certified in all the areas that i teach even though I teach special diploma kids who do not.

Oregon state law says what. when dad died then stepmom dies 1 yr later?
my father died two years ago and my step mom said there was no will. I wouldn’t doubt that so I went along with whatever she wanted since she was my fathers wife and deserved the respect. Well then a year later she dies and.

Underage people in adult jails?
What kind of crime can an underage person be put in an adult jail for? Does it vary by state? That depends a lot upon individual state law. In my state, any crime involving a firearm or any homicide or class A felony (1st degree rape, 1st degree robbery, 1st degree burglary, etc.) whether.

Underage Pregnancies in Alabama?
I am 15, My baby is due in Dec. I will be 16 then. What is the state law for Alabama. Can me and him get married we were are plannin to this Sept. but when I found out my mom and his parents said we couldn’t. What rights do me and him have with.

What are District Attorneys?
i know they are lawyer of the people but i need a more specific answer DA’s only prosecute state law crimes in the district/town in which they serve. Federal crimes are prosecuted by U.S. Attorneys. If a city is being sued in civil court, it is usually not the DA who defends but the city/town.

What are the worst gun laws in what states and why?
I should not say ‘worst’ but as the media tends to tag them that. The issue maybe more than the gun laws and than again it may not. I am just looking for unbiased facts. New York. Sullivan Law. The Sullivan Act is a New York state law.

What is california’s state laws on dating?
okay, so my question is what is the california state law on underage dating. recently ive been talking to a friend who has known this girl sense he was little and they started talking only prob is that hes 19 and shes 16 they are best friends and what not and plan.

What is the relationship of the Arizona Constitution to the United States Constitution?
I know nothing specifically about the Arizona Constitution. However, I do know that all federal law as in United States Law including the Constitution takes precedence over any state law or Constitution. Thus, no state can legally create a state constitution that contradicts the laws.

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