Cost of Citation for No Helmet and Littering

Hello, I'm thankful for the help I received from some excellent people on here that gave me the information I needed. I'm hoping I can get some help with a new situation I am very ungrateful for happening. Here's my situation: I was with a 15 year-old friend riding passenger on his dirt bike. An officer pulled him over so he stopped and we complied in full with said officer. I received a citation for Littering. Which I felt was wrongful. Since I had a cigarillo in my ear & I was unable to control my arm at the given second to grab it out & respectfully give to the officer to dispose of. (the dirt bike had no breaks, registration,lights mirrors, nothing at all to it more or less) So as a result it flew out of my ear & the officer cites me for littering. The no helmet charge I feel is ludicrous as well since I was a passenger on said dirt bike & there are (to my knowledge after an extensive google search) there are no laws regarding helmets and dirt bikes/off road motorcycles. My primary question is though what could the costs be for these violations if I am convicted? Cause I am very poor to be honest. Thanks for reading & God bless you if you can help shed some light on my situation.

Your (US) state is critical for such a question.

Were you on a road when the motorcycle was stopped?

If the tickets do not involve a mandatory court appearance, you can find out the cost from the court. If they do require a mandatory court appearance, the amount could vary depending on the exact charges (when you identify the state, please also share the statute numbers) and what happens in court.

it appears North Carolina does require all people on a motorcycle to wear a helmet, dirt bike or not if you are on a public roadway. Since a cop pulled you over, I can only guess you were on a public roadway. Given the description of the motorcycle, if your friend did not receive a bunch of tickets for defects on the bike he needs to feel lucky.

if you tossed trash somewhere other than what is deemed proper disposal, whether it was intentional or not, it is littering

I'm in North Carolina. Edenton specifically.

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Yes, We were on the road (a city street to be specific) on the night of this occurrence. I don't know if the court date is mandatory but seeing as the Officer did not answer my question as to the cost of the ticket, i'm going to have to go to court on the date I was given. Lastly, the statute numbers are GS 20-140.4(a)(2) and, GS 14-399(a1). This all occurred in North Carolina in Edenton.

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My friend is 15 and the officer didn't give him a ticket because of his age & said the citation will be sent to his house at a later date. We were on a public roadway. And the thing is, I had a cigarillo in my ear. It fell out upon pulling over when signaled by the officer. I doubt that is littering.

Here are the two code sections that are related to motorcycles and helmets (as far as I can find)...

§ 20-140.4. Special provisions for motorcycles and mopeds.

(a) No person shall operate a motorcycle or moped upon a highway or public vehicular area:

(1) When the number of persons upon such motorcycle or moped, including the operator, shall exceed the number of persons which it was designed to carry.

(2) Unless the operator and all passengers thereon wear on their heads, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218.

(b) Violation of any provision of this section shall not be considered negligence per se or contributory negligence per se in any civil action.

(c) Any person convicted of violating this section shall have committed an infraction and shall pay a penalty of twenty-five dollars and fifty cents ($25.50) plus the following court costs: the General Court of Justice fee provided for in G.S. 7A-304(a)(4), the telephone facilities fee provided for in G.S. 7A-304(a)(2a), and the law enforcement training and certification fee provided for in G.S. 7A-304(a)(3b). Conviction of an infraction under this section has no other consequence.

(d) No drivers license points or insurance surcharge shall be assessed on account of violation of this section.

(1973, c. 1330, s. 6; 1989, c. 711, s. 1; 2007-360, s. 7; 2009-451, s. 15.20(k).)

§ 20-171.19. Prohibited acts by owners and operators.

(a) No person shall operate an all-terrain vehicle on a public street or highway or public vehicular area unless the person wears eye protection and a safety helmet meeting United States Department of Transportation standards for motorcycle helmets.

(a1) No person under 18 years of age shall operate an all-terrain vehicle off a public street or highway or public vehicular area unless the person wears eye protection and a safety helmet meeting United States Department of Transportation standards for motorcycle helmets.

(a2) Notwithstanding subsection (a1) of this section, a person who is under 18 years of age and employed by a supplier of retail electric service, while engaged in power line inspection, may operate an all-terrain vehicle while wearing both of the following:

(1) Head protection equipped with a chin strap that conforms to the standards applicable to suppliers of retail electric service adopted by the Occupational Safety and Health Division of the North Carolina Department of Labor.

(2) Eye protection that conforms to the standards applicable to suppliers of retail electric service adopted by the Occupational Safety and Health Division of the North Carolina Department of Labor.

(b) No owner shall authorize an all-terrain vehicle to be operated contrary to this Part.

(c) No person shall operate an all-terrain vehicle while under the influence of alcohol, any controlled substance, or a prescription or nonprescription drug that impairs vision or motor coordination.

(d) No person shall operate an all-terrain vehicle in a careless or reckless manner so as to endanger or cause injury or damage to any person or property.

(e) Except as otherwise permitted by law, no person shall operate an all-terrain vehicle on any public street, road, or highway except for purposes of crossing that street, road, or highway.

(f) Except as otherwise permitted by law, no person shall operate an all-terrain vehicle at anytime on an interstate or limited-access highway.

(g) No person shall operate an all-terrain vehicle during the hours of darkness, from one-half hour after sunset to one-half hour before sunrise and at anytime when visibility is reduced due to insufficient light or atmospheric conditions, without displaying a lighted headlamp and taillamp, unless the use of lights is prohibited by other applicable laws.

(2005-282, s. 2; 2006-259, s. 10(a); 2011-68, s. 1.)

You were not operating the motorcycle, correct? You stated you were "riding passenger" as you described it... Meaning he was operating the motorcycle. Correct?

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Quoting hacker536a

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GS 14-399(a1).

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We were on a public roadway. And the thing is, I had a cigarillo in my ear. It fell out upon pulling over when signaled by the officer. I doubt that is littering.

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Actually, it is... You can read the full statute HERE

But the relevant part states:

§ 14-399. Littering.

(a) No person, including any firm, organization, private corporation, or governing body, agents or employees of any municipal corporation shall intentionally or recklessly throw, scatter, spill or place or intentionally or recklessly cause to be blown, scattered, spilled, thrown or placed or otherwise dispose of any litter upon any public property or private property not owned by the person within this State or in the waters of this State including any public highway, public park, lake, river, ocean, beach, campground, forestland, recreational area, trailer park, highway, road, street or alley except:

(1) When the property is designated by the State or political subdivision thereof for the disposal of garbage and refuse, and the person is authorized to use the property for this purpose; or
.....

And :Litter" is defined (under the same code section) as:

"Litter" means any garbage, rubbish, trash, refuse, can, bottle, box, container, wrapper, paper, paper product, tire, appliance, mechanical equipment or part, building or construction material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility, dead animal, or discarded material in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. While being used for or distributed in accordance with their intended uses, "litter" does not include political pamphlets, handbills, religious tracts, newspapers, and other similar printed materials the unsolicited distribution of which is protected by the Constitution of the United States or the Constitution of North Carolina.

So it appears that you are stuck with the littering charge... As for the motorcycle helmet, maybe jk had seen something I missed but the way am reading the code section, it it the owner/operator's responsibility to ensure that you were wearing a helmet

I don't know if the fact tat your friend is 15, a juvenile, has anything with why you were cited instead... I don;'t see how it should!

How old are you, by the way?

Quote:

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§ 20-140.4. Special provisions for motorcycles and mopeds.

(a) No person shall operate a motorcycle or moped upon a highway or public vehicular area:

(1) When the number of persons upon such motorcycle or moped, including the operator, shall exceed the number of persons which it was designed to carry.

(2) Unless the operator and all passengers thereon wear on their heads, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218.

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I understand what you are saying but I cannot find any clarification on the matter. Given it is an infraction, and a cheap one at that, I doubt there is going to be any case law on the matter. I suspect the state reads that that the passenger can be ticketed. Apparently that cop does. The best one can do is go to court to contest it to see what they say.

I am 17 years of age. BUT... one other thing I forgot to mention. The officers that inspected the dirtbike said it was so small it couldn't even be classified as a moped.

Quote:

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Quoting hacker536a

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I am 17 years of age. BUT... one other thing I forgot to mention. The officers that inspected the dirtbike said it was so small it couldn't even be classified as a moped.

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At 17, I don't know if your state laws require a parent/guardian to appear with you in court but keep that in mind.

You described it as a dirt bike. Whether the officer said it was a moped, a scooter, a bicycle, a tricycle or a tractor trailer, he issued you a citation forbidding the operator of a motorcycle from operating the vehicle while s/he or a passenger are without a properly fastened/secured and approved helmet.

Here is the statute (I added the numbers in marking each element of the charge):

No person shall (1) operate a (2(a)) motorcycle or (2(b)) moped upon a (3(a)) highway or (3(b)) public vehicular area unless (4) the operator and all passengers thereon wear on their heads, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218.

And the elements that the officer must testify to and prove to prove your guilt go as follows:

(1) That you were operating the vehicle;
(2) That the vehicle was either (a) motorcycle or (b) a moped;
(3) That you were doing so on a (b) highway or (b) public vehicular area;
and (4) under all the above circumstances, either the operator or a passenger were not wearing safety helmets on their heads, properly secured with a retention strap, and are of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218.

If any of the above numbered elements cannot be proven or turns out to be incorrect, then you are not guilty of the offense. With that in mind, and since you were not "operating" the vehicle (whatever it may be) and instead you were only a passenger [and unless there is something that I am not finding, seeing or understanding and assuming you are telling us the story as it happened without embellishing any part thereof] then that element does not apply and for all intents and purposes the court must dismiss the charge. Now, if he happens to add that it is too small to be a moped, and a moped is typically too small to qualify as a motorcycle (dirt bike being the same as a motorcycle), then that it yet another element that he could not prove existed and yet another reason why the citation should be dismissed.

The person who should have been cited with this one is your 15 year old friend.

Now, with you being almost an adult, riding on a motorcycle or a dirt bike without a helmet is pretty dumb, but you already know that and hopefully the hassle of having to deal with this citation will be the lesson you need to learn to not do that again.

Now, while I realize it isn't any of my business what you do, I'm still going to express an opinion. The other question that comes up with you only being 17 is, what were you doing with a cigarillo and where did you get it from? North Carolina law prohibits selling tobacco products to minors... And while a quick search did not turn up anything prohibiting possession by a minor, this really makes the littering charge a possible substitute (not legally but to simply get a point across) for a possession of tobacco by a minor charge more than justified even though it should have been in addition to it.

Thank you for the insight That Guy. Well, in NC at age 16 you're legally classified as a grown adult. Which I feel is ludicrous. There is no physical evidence that this even occurred. The officers didn't even confiscate the dirtbike. They made me & the 15 year old pick it up and walk it about half a mile across town to his house. Sounds fun right? Lol it wasn't. The officer also said that the cigarillo I had was going to be "properly disposed of". So like I said, no evidence at all that this ever happened exists. Lastly, ( And the most messed up part) my 15 partner in this as far as I know hasn't gotten his citation yet. When you're a minor in NC an officer has to deliver it to your household. I just hope he gets what he deserves in this aswell & thank you again.