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.


























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Comments:
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Thursday 14 January
By leslie
Yeah -- great idea -- encourage people to ride without helmets, since the state law doesn't require them! I do hope you were being facetious!
Reply
Thursday 14 January
By Brian
bunch of idiots. they sell motorcycle helmets, right? in most states now you are required to where a helmet of some sort! this guy wanted to be different but if he manufactured the helmet and/with goggles that are in accordance with florida law. Isn't he creating possibly a new product. if thats the case, then if yamaha (or any company) comes up with a version of a helmet thats in compliance with the law, despite being different then a dome helmet, have a face or full face w/ visor. no one should be penalized or pulled over for something as ridiculous as this. What would the pigs (cops) do if someone took a helmet and put a stupid feather on it. Thats unusual maybe we should stop them. I do agree if its not a legal helmet in any way that the driver/rider should be stopped do to the fact that he could potentially be a hazard! But to stop someone for wearing a variation of a legal helmet is discrimination which we forget sometimes. Police tend to take advantage of that with no consequences to their actions!
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Thursday 14 January
By snake plissken
So does that mean that a full face helmet is illegal?
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Thursday 14 January
By leslie
Well, given the previous commenter's wording of the law, it would appear to apply to anyone whose head/face is covered on the road -- which umm ... applies to ALL motorcycle helmets with visors!!
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Thursday 14 January
By Dave
IF they say this is a Helmet is it DOT certified... HMMMMM ...... doubt it .. it's a mask covering his face so don't say it's the same as a full face style helmet because it's not
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Friday 15 January
By chaz
Maybe the officer was looking out for the law abiding citizen,what if this person was wanted for something serious or he was a terrorist and the officer captures him, would this still be a joke? I think he went by his gut feeling ,and the rider was ok, so no harm done.better safe than sorry!
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Thursday 14 January
By RYAN
Bullsh*t.....my helmet covers my face and is mirrored,you cant see anything at all of my face.......and florida doesnt have a helmet law at all,you can ride without one....must have been a really bored cop.
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Thursday 14 January
By jim
Ryan, your statement that "Florida doesnt (sic) have a helmet law at all" is incorrect on its face. Florida DOES have a helmet law. All riders under 18 are required to wear a helmet, and anyone 18 or older who chooses not to wear a helmet is required to carry a minimum amount of medical insurance. The trade-off to being allowed to ride without a helmet is not burdening the taxpayer with the cost of your head injuries.
Thursday 14 January
By Beau
If there is no law in Fla. requiring you wear a helmet, then what constitutes a "standard" visor? Looks to me like the guy's peripheral vision is not impeded unless he can see through his ears.The cop should have given him one of his donuts for wearing a helmet period. Here in South Carolina we call bikers without helmets "organ donors"
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Thursday 14 January
By jake
pig without a hog jealous!
Reply
Thursday 14 January
By mr.wonderful
Dude needs his a$$ kicked for wearing that stupid geek $hit What are you Florida outlaws letting these guy's fly around looking like dickheads. c'mon.
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Thursday 14 January
By russ
no helmet at all would be no face protection so don't advise going without one
Reply
Thursday 14 January
By bobby
I think it should be against the law to wear a mask on a motor cycle. It covers the face and causes vision loss. It also disrupts other peoples consentration on driving. A guy pulled up beside me at a light wearing a skull mask, he looked over and scared the S### out of me.
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Thursday 14 January
By Mike
The guy looks like a character from the kids show "Power Rangers".
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Friday 15 January
By David
What an idiot of a cop...
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Friday 15 January
By chuck
AGREED
Reply
Thursday 14 January
By raggedyman
What an idiot. Get him off the road and impound the bike or sell it to a real biker.
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Monday 18 January
By aubrie
Real biker???? U probably ride a moped!!!!! Oooohh did that bad ol helmet give u nightmares??????
Thursday 14 January
By htd
i think that it sould not be a fine at all at least this man was wearing a helmet this person david at the top of this article must be acop or a clan member him self
Reply
Thursday 14 January
By mg
The really stupiid thing about this is that according to a literal reading of the statute he supposedly violated wearing a helmet of any kind would be illegal. It specifically states that covering one's head is prohibited. I would also bet that Florida is a helmet mandatory state.
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