Operating A Motorcycle Without A Helmet (California Vehicle Code 27803)
Contacting the Right Motorcycle Accident Lawyer in Los Angeles
While there is no doubt you love riding your motorcycle, there may be times when you do not want to wear a helmet as you cruise through the city or down a highway. However, wearing a helmet while riding your motorcycle is a requirement in California under Vehicle Code 27803. This law, which applies to both those operating the vehicle as well as their passengers, is strictly enforced by California law enforcement and can lead to various charges. Yet should you be cited by an officer for violating VC 27803, this does not mean you automatically have to plead guilty to the charge and accept your legal fate. If you are facing such a situation and wonder what to do next, consult with a Los Angeles injury lawyer at Grey Law.
In these situations, the legal responsibility will rest with the person who is operating the motorcycle at the time the incident occurs. Thus, should you and a passenger mount your bike for a ride, you as the bike’s operator are responsible for seeing that your passenger wears a helmet at all times. If you are involved in an accident where a passenger was not wearing a helmet, you could face serious legal consequences. To understand your options in these situations, turn to an auto accident lawyer Los Angeles trusts from Grey Law.
Penalties for Driving Without Helmet
When you are cited by law enforcement for driving without a helmet, the penalties can add up to the suspension of your license and other additional penalties. In most cases, this occurs if the violations take place over a period of two or three years. If this happens, a California DMV hearing will need to take place beforehand. Rather than face this situation alone, hire an injury lawyer from Grey Law.
Legal Defenses for Violating VC 27803
When a violation of VC 27803 occurs, you will still have legal defenses at your disposal. Though law enforcement, insurance companies, and the defendant’s lawyers may attempt to convince you otherwise, always remember that they are simply interested in making you look as bad as possible after an accident takes place. Instead of letting this happen, meet with an attorney from Grey Law to see that your rights are protected.
Challenging the Charges
When police cite you for not wearing a helmet, they will make it sound as if they have an open and shut case against you. However, that is not the case at all. In fact, you can have numerous challenges to the allegations made against you by police. The most common include the officer making a mistake about what they saw, your claim that you were not the person operating the motorcycle at the time of the alleged offense, or that there was an immediate emergency situation that prevented you from wearing your helmet. Should you use any of these or other defenses, it will be critical you have evidence to support your claims, such as photos, surveillance video, and eyewitness accounts. To mount a successful challenge to these violations, rely on the advice of an attorney for motorbike accident compensation.
No Criminal Charges
Though a violation of California VC 27803 is not considered a criminal charge, others may use it against you if you are involved in an accident while riding on the road. Since there can be tremendous amounts of compensation at stake when a motorcyclist gets hurt, always do everything possible to ensure you come out of these situations a winner. By hiring the services of an experienced lawyer, you will be able to know your rights are protected while your case plays out in court.
Reduced or Dismissed Charges
When you are alleged to have violated VC 27803, courts will generally look more favorably on you if you immediately obtain legal representation from a motorcycle accident lawyer in Los Angeles. By doing so, your lawyer can use various types of evidence to work with prosecutors in getting charges reduced or dismissed. Due to many courts having dockets that are overflowing with cases, prosecutors are often feeling pressure to ease the court’s burden as much as possible. By immediately hiring a lawyer, you will stand a far better chance of walking out of court with no further legal ramifications.
If you are injured in a motorcycle accident and it is claimed you were not wearing a helmet at the time of the accident, be prepared for major issues regarding your ability to be compensated for your injuries. Should these allegations be made against you by police, an insurance company will certainly balk at paying you any compensation for your injuries, lost wages, and other damages. Therefore, you should always rely on a knowledgeable motorcycle crash lawyer to guide you through this complex process. To do so, always let your lawyer handle all communications between you and insurance companies, since these companies will take the issue far more seriously once they know you have legal representation.
Do Not Ignore Your Ticket
If police issue you a ticket for supposedly violating California VC 27803, do not simply put the ticket in your pocket and ignore it. If you do, you could ultimately face new and harsher penalties. By ignoring the ticket, you are committing a new infraction by violating VC 40508, Failure to Appear in Court for a Traffic Violation. Rather than let your legal issues become even more complex, hire a Los Angeles personal injury attorney from Grey Law to assist you in resolving this matter.
Even though violating VC 27803 is not a criminal matter, it can play an especially crucial role in the event an accident also took place. Rather than rely on inexperienced attorneys to guide you through this legal maze, schedule a consultation soon with an attorney for motorcycle accident compensation.
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