NC Governors Highway Safety Program to Bias Judges

Centerline ^ | 12/24/2007 | Bikers USA

[Bikers USA]

Governors Highway Safety Program Attempts to Bias NC Judges Against Motorcyclists

Raleigh, NC December 23, 2008 Editorial opinion of a Concerned Citizen

Documented proof has been published by the NC Governors Highway Safety Program, that the NC GHSP is using taxpayer funded lobbying to influence North Carolina judges in advance of "technical changes" to the General Statute 20-140.4 which contains the NC helmet law statute, effective date of January 1, 2008.

In an article published in the Fall 2007 issue of Centerline, which is published by the Governors Highway Safety Program, NC Department of Transportation, is the following quote:

"GHSP will be conducting educational classes with law enforcement and the judicial system to educate law enforcement officers, prosecutors and judges on proper identification and the benefits of wearing FMVSS compliant helmets, as well as some of the strategies of the “anti-helmet” lobby for arguing citations under this newly revised law."

The GHSP is influence peddling in an attempt to bias judges before the judges even get to hear the first case under the revised statute. I am not a lawyer, but the fact that they have published their attempts to influence judges should be considered evidence that anyone cited under the new helmet law statutes will be unable to get a fair trial in NC. This could provide basis for an appeal to the US Supreme Court.

Even if I am incorrect, in my presumption that this should pave the way to challenges of the statute in the US Supreme Court, it is, at minimum, further proof that the new helmet statute is unjust, and lacking due process, in violation of the 14th Amendment. If the GHSP needs to explain the statute to judges, how can the average citizen possibly read the statute and determine how to ensure compliance with certainty. As such, all citations issued for alleged helmet law violations should be challenged by citizens on the basis of vagueness. According to the 14th Amendment of the US Constitution, no state shall enact or enforce a law which denies a citizen due process.

This raises a question as to whether or not it is common and acceptable practice for state bureaus to lobby judges in such a manner. To inform judges of the benefits of helmets, while failing to disclose studies which show the dangers, is clearly not in the public interest. Such presentations of helmet benefits should have no bearing on judges and juries when hearing a criminal case and should not be considered in determining guilt or innocence. There is no justification for enactment and enforcement of an unconstitutional law.

Attempts to forewarn judges of legal strategies which may be utilized by a defendant shows no confidence in the judge, the judicial system, and the law itself.

Citizen Wake County, NC

Reference: http://www.ncdot.org/programs/GHSP/news/centerline/Fall2007.pdf

Centerline is published by the Governors Highway Safety Program / NC Department of Transportation.

Michael F. Easley Governor Lyndo Tippett Secretary of Transportation Darrell Jernigan Director, Governor’s Highway Safety Program 215 East Lane Street Raleigh, NC 27601 (919) 733-3083 www.ncdot.org/programs/GHSP

Disclaimer: This is not legal advice. It is information. Please seek the counsel of attorneys.