Re: Officer Failed to Properly I.d Me, I Never Took Off My Tinted Motorcycle Helmet
Quote:
Quoting
Solis
The purpose of these boards is not to help anonymous strangers achieve a particular result in a legal matter. Rather, the purpose is to provide general information about the law.
What's the law in California when it comes to being properly Identified by an officer when being pulled over. Was the officer wrong to not ask me to remove my helmet so that he can compare the rider to the I.D[/QUOTE]
There is no particular law about that. The officer pulled over a person riding your bike and who produced your driver's license upon request. Presumably, the person also produced an insurance card with your name on it.
Here's the only thing that might work. You could hire a lawyer and have the lawyer ask the cop: "did you have the driver of the bike remove his or her helmet so that you could be sure the driver was the same person depicted on the license?" Assuming the officer testifies in the negative, the lawyer could then ask, "so how can you be sure that my client was driving?" Your lawyer could then argue that the state failed to meet its burden of proof that you were driving. Given that you'll have no affirmative evidence to back up your story (i.e., you won't testify yourself or have any friend testify -- assuming you're not going to perjure yourself -- or have any evidence that you reported your bike and your wallet as stolen), I don't see that working. Even if it does work, you'll have spent more than it would have cost to take care of the ticket by going to traffic school.