Pam Guenther was enjoying a Saturday morning ride on the back of her husband's motorcycle in Ocala, Fla., when a cop driving in the other direction abruptly turned around and pulled them to the side of the road."I knew we weren't speeding," Guenther told Asylum. "So my first question was why is he pulling us over? [The officer] just pointed to my husband and said, 'He's wearing a mask, and it's illegal to cover your face when riding a motorcycle.'"
Luis Santiago's motorcycle helmet, a custom-modified gladiator-style head protector (pictured), is certainly a bit different. Yet, as Guenther pointed out to the officer, it doesn't obscure the face any more than the typical tinted-visor biker helmet would. Nevertheless, the officer wrote Santiago up a warning for "wearing a mask prohibited."
Asylum investigates the validity of this seemingly arbitrary traffic stop on the next page.
Irked by what had gone down, and sure her husband hadn't done anything approaching illegal, Guenther contacted the Florida Highway Patrol. She was eventually told that Santiago was in violation of Florida statute FL 876.12.
"876.12 is a criminal statute based on an old (anti-) Klan law where you are not allowed to cover your face or head," says Guenther, who has sought legal counsel. "It isn't suppose to be a traffic rule that applies to people on motorcycles."
What we found out from the Florida Highway Patrol
When we got in touch with Captain Mark Welch, the Chief of Public Affairs for the Florida Highway Patrol, he also cited FL 876.12. In addition, he speculated that the officer may have pulled Santiago over because he wasn't sure if Santiago was wearing eye-protection, which is required by state law. (Although, again, it's hard to see how Santiago's helmet differs from some more traditional ones in that respect.)
While it is true that a literal reading of 876.12 would prohibit face masks, we asked Welch if it's typical for bikers to be cited or warned on that statute. "This is somewhat unusual," he admitted. "In fact, it's the first case that I know of."
What Guenther wants
Guenther feels that she and her husband were unfairly targeted by what she describes as "a young officer jealous of a cool bike and a cool helmet looking for a reason to pull us over." What she wants is for the department to apologize and make clear that a biker protecting his face is not breaking any laws.
Florida law doesn't require adult bikers to wear helmets at all. So maybe the best way to limit the risk of being pulled over while riding the streets of the Sunshine State is to throw caution (and hair) to the wind and go without any head protection.


























Live from Microsoft's New Generation Xbox event!
Xbox Reveal liveblog on Joystiq
Dozens Killed in Oklahoma Tornado; Death Toll to Rise
Justin Bieber Booed, Gets Standing Ovation at Billboard Music Awards
2013 Billboard Music Awards Best and Worst Dressed
Watch: Kansas Meteorologist Seeks Shelter From Tornado
Two Pilots Fired After Brazilian Pop Star Takes Captain's Seat Mid-Flight
Xbox One architecture panel liveblog!
Oldest Water on Earth Found Deep Underground
2013 Billboard Music Awards: All the Winners!







Comments:
Add a comment
Thursday 14 January
By Hi,Duk!
Surprised he only got a warning. Most "Revenue Collectors" (ticket happy cops) would have hit him with at least a $150 fine. Maybe this one missed his morning donut & was in a hurry to get one.
Reply
Thursday 14 January
By David
Has nothing to do with an "irritated revenue happy cop", people seem to think it's never their fault. The officer made a judgment and issued a warning based off that judgment, he didn't have to give them a warning, he could have slapped a big ticket. A law is a law and a violation is a violation.
Thursday 14 January
By samson
AGREED!! isnt it fascinating how we pay taxes now-days everywhere we go? need coffee theres a tax for that. need a computer, tax for that, fridge, tax for that, how about a new car part, tax for that. It's funny how the re-word tax as "penaltys" or "fees"
Thursday 14 January
By don
what about full face helmets, they certainly cover your face!!!
Thursday 14 January
By Jay
Looks like he has eye protection to me.
Thursday 14 January
By glynspsa
Incorrect a law is not a law. Courts have found that many laws that go unenforced can not all of a sudden be enforced plus there are federal state and local laws which sometimes contradict one another so in fact a law is not always just a law.
Thursday 14 January
By WOMracing@aol.com
I don't like the black and white ATM machines either, but in this case the cop was right and should have wrote him a ticket. Any helmet you wear on the road while driving a motorcycle has to be DOT approved and this one is clearly not since it is custom modified, which in this case mean white trash fabricated. Seriously, if this guy rode through my neighborhood with that on, first time everyone would be on the ground laughing, then the second time he probably get knocked off his bike.
Thursday 14 January
By Crystal
avid - are you serious? That law does not apply to helmets...it
applies to racist pigs! So you're telling me that if someone in FL
is wearing a standard full helmet that he is in violation of the law?
Aside for it being unique this helmet is no different then a regular
helmet as far as covering the head and face. Hell, most standard
full helmets don't give you the slightest look at a persons face or
head. You can see some of his. Get real he should be ticket for
protecting his head? And you think this wasn't a cop on a mission
because the department was able to quote a law that doesn't even
apply???Um yea, ok...drink the kool-aid.
Thursday 14 January
By Jeff
Oh he certainly should have confiscated the helmet and worn it himself to hide his embarrassment. Most likely an improvement over what he has to wear.
And it is very odd that Florida allowed fundamentalist muslim women photgraphed for drivers licenses to be clothed head to foot in a giant bathtowel with only two eyes looking out. Perhaps he was being "profiled".
Thursday 14 January
By bill
WOMracing, did you read the article? He was not given a citation for wearing a helmet that was not DOT approved. The law cited in the violation has NOTHING to do with DOT approved helmets. Another law was cited, which says he cannot cover his face or head. Enfircing this law mean ALL helmets are illegal in Florida. Should we also give tickets to anyone wearing a hard hat at work for safety? They are covering their heads, and I am not sure these hard hats are DOT approved. If they write their names on the hat, does that modify it? Do we give tickets to anyone who "covers his face or head", such as someone wearing a baseball cap? Since Florida law does not require the use of a DOT approved helmet, your arguement is not valid. This officer gave a ticket because he did not like the look of the helmet.
Thursday 14 January
By jack
STUPED....STUPED....STUPED!!! WHERE DID THIS DONUT BELLIED COP COME FROM????
Thursday 14 January
By georgegjn
When the cop found out the helmet was real,(look at the Victory logo)he probably wanted to cover himself with a probable cause for stopping them. Then again some people hate to be wrong. Can the helmet get Fl. certified? that would settle it.
Thursday 14 January
By gary
what do the fla. motor bike cops wear on there head a towel and plastic wrap on there face. this is the normal a-hole cpo.
Friday 15 January
By Larry D
I'm with you on this. The cop needs to get out of the state more because most riders, of crotch rockets especailly, wear the full face helmets which covers the head and face completely.
I think this cop wrote a warning because he didn't want to be embarrased in court with some antiquated b.s. law from the dark ages. Maybe he has no life and reads the state Moter Vehicle Code for fun and enjoyment.
Ride on!!!
Thursday 14 January
By Albert
"Has nothing to do with an "irritated revenue happy cop", people seem to think it's never their fault. The officer made a judgment and issued a warning based off that judgment, he didn't have to give them a warning, he could have slapped a big ticket. A law is a law and a violation is a violation. "
yes, Law is Law but in that sence than is is against the law to wear a full faced helmet wether it has a tinted face shield or clear.
This is a clear sign of an officer over stepping his authority and harassing someone who is perfectly within the law.
Thursday 14 January
By hackcomic
Hello look at me I'm the devil
what an ass
Thursday 14 January
By Eric
David..."a law is a law" is not always true! Full face helmets are allowed and are dot approved in Florida. Some cops are just retards and look for reasons to bother law obeying citizens.
Friday 15 January
By Catmoves
I happen to think this nitwit busy clogging the courts and making lawyers happy with fees, should be riding his bike without a helmet. Preferably at anything over 90 mph.
With reality looming for US, some jerk thinks he's worth while just to get his/her name in the news.
Thursday 14 January
By Larry
Just for your information, "cops" are not "revenue happy" as during my 23 years in Law Enforcement I gave many more warnings than citations for traffic offences. Safety was the issue and enforcing traffic laws was the objective. If one cannot follow the law then they deserve a citation or warning dependent on the offence observed by the officer.
Monday 18 January
By GG357
Just so you know - Hi,Duk- as a retired police officer the only time I saw revenue from my job was when I collected my paycheck.
For the majority of police departments, the revenue collected from traffic citations goes into the general fund of the respective state/county/city/munincipality, etc. If only the money went directly into that department's fund, then police personnel would be able to purchase the correct equipment and supplies needed instead of depending on a government pencil pusher, sitting in an ivory tower, far and away removed from the police world, flipping thru a catalogue looking for the cheapest and closest match of the item requested. So put your blame where it belongs. Government = Revenue. Judges = Probation before Judgement/Light or Suspended Sentences. Police Officers are the only thing between you and the bad guys and remember, the bad guys are the predators and you are the prey. Okay - I feel better, I'll get off my soap box now. Have a good one!!!