These folks are taking the fight to the streets and are actively soliciting folks to fight all helmet tickets. Under North Carolina's new helmet law, all lids must meet FMVSS 218 and the first shot has been fired as you will see below.
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Special Deputy Attorney General
Motor Vehicles SectionNC Attorneys General Office
I was referred to the Motor Vehicles Section of the Attorneys General Office by Mikael Gross, Staff Attorney, Legislative Drafting Division for the NC Legislature.
I am a citizen and taxpayer, so it was disconcerting that, when I called this afternoon, two public servants in your office did not have the courtesy of providing their last names for the record, Michelle, and then Jeanette, who stated that they are not allowed to interpret statutes for the general public due to conflict of interest, since your office represents the DMV.
I asked to speak with anyone who is willing to provide their last name. Eventually, I was able to obtain your name and email address. I hope that you will not be as hostile, and instead, consider that it is extremely important for citizens to understand the laws which govern them.
It is my belief that, by making and enforcing the mandatory universal motorcycle helmet requirement associated with GS 20-140.4, both current and effective January 1, 2008, the State is not mindful of the constitutional requirement of the citizens right to due process. I have contacted many NC officials. So far, all officials have been unable to provide me with a satisfactory answer to the following questions:1. How can consumers and motorcycle operators ensure their helmets comply with FMVSS 218, which is a manufacturers self-certifying standard? 2. How will the statute be enforced without the use of subjective personal approval methods?
I hereby respectfully request written answers to my questions, including an opinion which either confirms or refutes my researched belief that the legislation is unconstitutional due to vagueness, based on such arguments as presented below, in communications with Mikael Gross, (see below). I intend to obey the laws of the State. You intend to enforce the laws. As such, I suspect you either know how you intend to enforce the statute, or you may also experience similar difficulty. If the GS 20-140.4 statute effective January 1, 2008 is written in such language that it cannot be understood without interpretation by the Honorable Judiciary, any refusal to tell citizens how the law will be enforced, speaks for itself, so please either honor this request or forward it to Attorney General Roy Cooper. I will need your response in a hard copy letter.
I have obtained access to a fax machine for incoming communications, in care of the offices of Full Throttle Magazine of the Carolinas, circulation between 30,000 to 40,000 motorcycle operators. Some motorcyclists are asking questions despite lack of notice by the State to make citizens aware of the pending modifications. If you require that I send my questions to you by US Postal Service in order to get a hard copy letter in response from you, please send me your mailing address. If not, please send a hard copy response to the address below.Sincerely,Janice MacKay1009 Lightfoot CtWake Forest, NC 27587