Motorcycle Helmet Statute Declared Unconstitutional
Matt Danielson
Law Offices of Tom
McGrath
matt@tommcgrathlaw.com
mdd251@aol.com
(757) 595-7505
In a case that could eventually have state-wide implications, a
Newport News Circuit Court Judge has ruled that section 46.2-910 of the Code of
Virginia, is unconstitutionally vague. The case is City of Newport News v.
Dennis Wolf. It was argued on behalf of Mr. Wolf by Attorneys Tom McGrath
and Matt Danielson of the Law Offices of Tom McGrath.
Mr. Wolf was
charged in Newport News with wearing an un-authorized helmet. Typically
motorcyclists are charged with this offense because their helmet is not DOT
approved. Tom McGrath's firm represented Mr. Wolf free of charge and
successfully argued that the statute, which, among other things sets standards
for motorcycle helmets, is vague in that it does not clearly explain which
types of helmets are legal and which are not. Because the law is not clear,
argued Mr. McGrath, it is not enforceable against motorcyclists in Virginia.
In a 12 page written opinion, Circuit Court Judge H. Vincent Conway,
Jr., agreed with Mr. McGrath, stating that the law is unconstitutionally vague,
unenforceable, and denies due process to those charged with the offense of
wearing an un-authorized helmet. Therefore, the court dismissed the charge
against Mr. Wolf.
The Law Offices of Tom McGrath, which represents
motorcyclists injured in accidents, regularly represents riders charged with
helmet violations free of charge. This is the second time Tom McGrath has
convinced a circuit court judge that the law is unconstitutional. In other
cases, courts have refused to consider the constitutionality argument, but have
instead dismissed the cases because the Commonwealth can't prove that a helmet
fails to meet the requirements of the statute.
For more information on
this case you may contact Tom McGrath at 1-800-321 8968, or Matt Danielson at
757-595-7505
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