From the campaign of Jan MacKay for NC Senate Raleigh NC, Bikers USA, September 29, 2008On April 25th, Jan MacKay says she was nearly run down on Garner Rd, by a highway patrol truck driven by a state trooper, just down the street from Highway Patrol Headquarters. She received a ticket for not wearing a helmet, despite wearing one which she says meets the lawful requirements. Perhaps, it did not appear to conform. Perhaps, it did not meet with the troopers subjective approval. However, Ms MacKay says it was a manufacturer self-certified partial coverage helmet. As such, it is of a type compliant with federal motor vehicle safety standard, FMVSS 218, therefore lawful.
Since then, she has gone to district court four times. The first three times, the court was not ready to proceed. The trooper who is based in Surry and Yadkin counties has driven to Raleigh twice, a 5 hour round trip, and sat in court. The total amount of time the trooper has been away from patrol has been approximately 17 hours, over an infraction which carries a $25 fine. This seems like a travesty not wanted by the taxpayers. Some citizens might also see problems when consumers, rather than manufacturers, are held responsible for complying with federal requirements on motor vehicles and motor vehicle equipment, and in the case of a helmet - what they wear.
On July 1st, Ms MacKay announced her candidacy for NC Senate representing Senate District 15 which is North Raleigh, Wake Forest, and unincorporated areas around Falls Lake, which she says should remain unincorporated despite annexation plans. She is getting lots of well-wishers from all over North Carolina and from other states as well. Her
internet campaign is doing well, with a website that is top-ranked on Google. "That's good because I do not have money from PAC's and lobbyists in order to support my campaign. I think the pathway to ending corruption in Raleigh is for legislators to stop taking money from special interests. Information, yes. Money, no. I will try to live on the meager $20,659 salary and do my best for the people rather than the well-financed."
On August 27th, she was found guilty in district court and immediately appealed to Superior Court. According to the judge, she was not found guilty due to the leather helmet she was wearing, but because the trooper testified the straps were not tightly cinched under her chin. It was exactly the type of decision she wanted, because an appeal to Superior Court is needed in order to overturn the NC helmet law and stop law enforcement from being overly aggressive in pulling over motorcyclists.
On September 26th, she served a copy of a
26 page legal brief on the Wake County District Attorney Office and filed it with the clerk of Superior Court. Jan is not a lawyer, and is defending herself. "I do not recommend anyone represent themselves pro se in major crimes, but if an intelligent person cannot represent herself in court against a minor infraction, and get a fair trial, then our judicial system has serious problems".
If the law is overturned, people will still be able to wear helmets. They will be able to wear any helmet they want, rather than being forced to wear one that someone in China says is compliant, and perhaps they will not be forced to attach any device to their heads. This is all about individual liberties and the right to decide such important matters for ourselves rather than rely on a safety nanny government to make all decisions for us.
The date for the trial in Superior Court is November 10th, six days after the election. Perhaps it will be the first of many rights and individual liberties "Senator" Jan MacKay will energetically fight for.
Labels: Jan MacKay
