eye protection citation

[rpete]

I was pulled over at the Neponset bridge in Dorchester, while waiting at a stoplight, for not having my faceshield down (it never is when I'm stopped). There were four cops there picking cars out of the stalled traffic and handing out citations with abandon for will-nilly infractions. If they were just looking for an excuse to find drunk drivers then perhaps I could understand, but the asshole actually gave me citations for not having eye protection and not carrying my registration. I was courteous the entire time and doing absolutely nothing wrong. Just sitting there in a traffic jam. Why law enforcement would expect anything but disdain as a result of this useless busywork is beyond me, but that's a topic for another day. To protect and to serve...yeah right.

Anyhow, my question is whether anyone knows for certain what I could expect should I take this to court and explain to the magistrate that my shield fogs up and I always flip it up when I come to an expected lengthy stop. Is my position defensible, or should I just send in the fine.

[OreoGaborio]

FIGHT THAT SHIT! that's friggin rediculous

[a13x]

I would fight that.. that's total BS.

I've had cops motion to me to put my face shield down when I started moving from a light, never at it...

That's right near my house too

[ssg]

If it makes you feel any better I got stopped at a sobriety checkpoint on Main St. in Nashua, NH (few years ago).

Frikken line of cars like a tollbooth, cops everywhere throughout the line. Helmet and full leathers on, sitting in August traffic, baking. I pop the faceshield as I'm waiting...thinking eventually one of these crackas will realize I'm out like a power ranger I must be hitting ALL the bars right? But no...they hold me, and finally when it's my turn they ask me some questions, ask me to speak louder cause I had my helmet on still. Then lecture me about eye protection...wtF

But no ticket for me though.

Unquestionably take this to court - specially if they didn't witness you underway with your visor up.

if you think about it, the cop either has to lie blatantly or tell the truth in his report. We know what he will do, but if you have your facts straight- hopefully the clerk will be happy with all the other less stringy revenues received that day and cut you a break.

[MnM]

thats total

the guy was def being a prick. you were not moving...def would fight that!

[yamamayzf1000r]

SH!T like this just disgusts me!
These A holes really need to get a life.

If they really need to create revenue they should be looking for the fookers that make lane changes without signalling.

[cbrf41999]

Thats crappy, but honestly I am was told that being on a public road, weather moving or not on the bike requires eye protection.
While I agree its BS, you most likely will still have a ticket after court.

[richw]

All the LEO's are roving tax collectors.

They just want your money so any ticket is a good ticket.

Only getting rid of some of your limosene liberal laws will begin to reel them in.

So campaign to get the eye protection law changed to over 15 MPH

[RandyO]

luckily, I wear prescription eyglasses that are always on even with the shield up

[benVFR]

I wear prescription sunglasses too.

The BS of this is the cops don't even wear gear.

Hell yesterday I saw two cops on police H-Ds going like 80mph with short sleeve shirts on. And they were riding next to each other like the Harley goons, not staggered formation as seems to be the safe recommendation.

(Of course they don't wear "real" helmets either.)

[Kham]

Originally posted by rpete

Anyhow, my question is whether anyone knows for certain what I could expect should I take this to court and explain to the magistrate that my shield fogs up and I always flip it up when I come to an expected lengthy stop. Is my position defensible, or should I just send in the fine.

and explain that you were sufocating because you were not moving.

[Lucky13]

You could say you were trying to get something out of your eye before you started moving again....this is BS, now you'll have to take time off from school/work to go fight this

[TTD]

Bring a helmet into court.

Ask the judge to put the helmet on, shield down, and stand outside.

Heat is best defense here.

Explain that your temperature with a helmet on that is closed while you're not moving can quickly escalate to dangerous levels.

This is an absolute bullshit thing that you'll have to go through, and when finished... and you win... I would go to the police station and try to EDUCATE them.

[kmobrien76]

BS! It's insane there, I was driving over the bridge and saw all the cops, was wondering what was going on...

I recommend driving in the LEFT lane when going over the bridge headed toward Boston, they were scoping out everyone in the right lane since it's most convenient to them...

[HBerry]

According to a supervising officer in Nashua the rule is if your bike is in gear and moving you must have eye protection. If you are at a stop light you do not have to have your shield down, only when you are moving, send the ticket in, explain the situation, and win.

[a13x]

Originally posted by kmobrien76
BS! It's insane there, I was driving over the bridge and saw all the cops, was wondering what was going on...

I recommend driving in the LEFT lane when going over the bridge headed toward Boston, they were scoping out everyone in the right lane since it's most convenient to them...

Okay.. Hold the phone.

That's a GREAT avatar. Who is that pray tell...

[Suf Daddy]

TOTAL BS make sure the citation is sent back with a request for a hearing within 20 days.

I'm with 35racer, the judge should wear the helmet.
-Suf

Originally posted by 35racer
Bring a helmet into court.

Ask the judge to put the helmet on, shield down, and stand outside.

Heat is best defense here.

Explain that your temperature with a helmet on that is closed while you're not moving can quickly escalate to dangerous levels.

This is an absolute bullshit thing that you'll have to go through, and when finished... and you win... I would go to the police station and try to EDUCATE them.

[HBerry]

Him wearing the helmet has nothing to do with anything. If the law stated you had to wear battle armor on the bike and you werent because its too heavy, you would get fined. However you were at a stop so it doesnt matter!

[mikem317]

I wouldn't send in that fine. It might have insurance ramifications. Fight it and see what happens. I'd check out the DMV website and see what the manual says. Doesn't make sense if you were at a stop, but I have heard about it before and yes, they were sited.

[iwannaride]

i would definetly fight that. by law you don't need to have your shield down unless you are in motion. thats bull shi@ i would definetly fight it and i am sure you will win.

[cyberxen]

by law you don't need to have your shield down unless you are in motion

If that is the case then they (the police dept.) should have to compensate you for time you have to spend fighting the charge IMO.

http://www.nacole.org/

[HBerry]

Originally posted by cyberxen
If that is the case then they (the police dept.) should have to compensate you for time you have to spend fighting the charge IMO.

http://www.nacole.org/

Don't waste your time.

[rpete]

I was able to find the official law wrt eye protection on a motorcycle in Massachusetts:

http://www.mass.gov/legis/laws/mgl/90-7.htm

If a motorcycle is not equipped with a windshield or screen, the operator of such motorcycle shall wear eye glasses, goggles or a protective face shield when operating such vehicle.

It's just a single fairly ambiguous sentence, and what it means to be using a protective face shield (does halfway open count?) or what exactly constitutes a windscreen (does the typical sportbike have one?) are left to the imagination.

I'm going to take my chances and explain everything in court, since I really believe I've been given a ticket for nothing other than being in the wrong place at the wrong time by someone with a bug up their ass. Then I'm going to write to my house representative and suggest that the law be modified to require eye protection only above certain speeds, as some other states have done.

[theothersean]

take pics of your bike's wind screen and your lic plate to prove its your bike. Bring a printed copy of the law and show that you have a wind screen they don't say how tall it has to be do they?

If that doesn't work explain that you were not moving at the time of the ticket.

But I would bring your helmet with you and do what tony explained.

But plain and simple you have a wind screen so you should be all set according to the law as its written.

[OreoGaborio]

Originally posted by theothersean
take pics of your bike's wind screen and your lic plate to prove its your bike. Bring a printed copy of the law and show that you have a wind screen they don't say how tall it has to be do they?

If that doesn't work explain that you were not moving at the time of the ticket.

But I would bring your helmet with you and do what tony explained.

But plain and simple you have a wind screen so you should be all set according to the law as its written.

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