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NOVEMBER 15, 2005 | |
 motorcycle helmet law by Daniel Lopez Sentinel Staff Writer WATSONVILLE — The case that has an Aptos man and the California Highway Patrol squaring off in a legal battle over the state's motorcycle helmet law will be heard by the state's Sixth District Court of Appeals. The appellate court in San Jose issued a stay Thursday on a ruling made by a Santa Cruz County Superior Court judge stating that traffic tickets issued to Richard Quigley, 61, for riding his motorcycle without a helmet are correctable violations. And the court agreed to hear the case. The CHP disagrees with the lower court's ruling that the violations are correctable. On Oct. 6 they filed an appeal of Judge Michael Barton's decision handed down in May. Deputy Attorney General Karen Huster, who is representing the CHP, said Monday the two questions at the heart of the matter are whether a helmet law violation is ever correctable and whether a correction could apply in this case. Quigley, who has been issued at least nine tickets by the Watsonville Police Department and the CHP for not wearing a helmet, has until Nov. 28 to file a reply with the court. Instead of strapping on a hard-shell helmet, Quigley has for years elected to ride with what he considers suitable headgear — a baseball cap and sometimes nothing at all. The tickets issued by Watsonville police have been signed off leaving just those issued by the CHP in question. Because the CHP does not consider the helmet violation correctable, it has declined to sign off on his fix-it tickets. Quigley, who has been diagnosed with terminal lymphoma, said Monday that he will consult with attorneys in Los Angeles and locally before making his next legal move. "This is a vital interest not just to me but to other motorcyclists," said Quigley. |