Question Motorycle Ticket for riding without eye protection

[monabonajakon]

Hello, I live in Florida and today i received a citation for riding without eye protection. The incident occurred in a school zone that was heavily congested with a posted speed limit of 30 mph, although actual road conditions only allow you to go approx. 10-15 mph. Officer already had a pick-up pulled over on side of the road and asked me to pull over as pulled up to red stoplight. I was wearing my full face modular helmet that flips up and only had it flipped up temporarily as i cruise through slow area and was planning on flipping it down after I went through light. Is this worth trying to fight in court?

[FlyingRon]

Do you wear glasses?
How old are you?
What is the size of your motor on your bike?

What's this, a $35 fine? Sounds like you'd be better off paying it.

[monabonajakon]

I am 35. the bike is a 2009 honda shadow aero 750 and I do not wear glasses. The ticket is $116.
Thanks for your response.

[FlyingRon]

You don't really have a defense. You can argue in court you opened the visor while moving slowly through the school zone to better see, but there's no expectation that the court would accept that.

[monabonajakon]

I was wondering if that is what the law is intended to do. I imagine the purpose of the law is to provide a safe driving environment for motorcyclists and drivers. Was it necessary for the officer to give me a ticket, when it's clearly not my intent to break the law. I saw the officer and it never crossed my mind that I was doing anything wrong. I always wear my helmet and protective gear. If I go to court in front of Judge is he/she going to care about any of this or is he/she going to say I broke the law because I lifted my visor for a few moments. I do not think that my situation is the correct application or the reason for this particular code. For instance if I was on a 50 cc scooter that goes under 35 mph, I am not required to wear eye protection. Don't get me wrong, I think eye protection is important, but so is common sense.

Thanks, Matt

[HighwayMan]

If I go to court in front of Judge is he/she going to care about any of this or is he/she going to say I broke the law because I lifted my visor for a few moments.

No one knows what a particular judge would do in this case. It's impossible to predict.

Personally, I think what you did was reasonable, but that doesn't mean much. I would say it's probably worth a try fighting it if you can afford to take the time to go to court. You have nothing to lose.

[You Are Guilty]

The counter argument is that if the area is so congested that you can't go faster than half the speed limit, if that's when a bee decides to fly into your eye, you are much more likely to cause damage/hurt someone than if you were alone on a desert road somewhere.


(Personally, I think it was a little overboard, but my opinion and $0.50 will buy you a newspaper.)

[Stevef]

For instance if I was on a 50 cc scooter that goes under 35 mph, I am not required to wear eye protection.

When I was young and stupid(er), I rode a 49cc moped with no eye protection. I had the unpleasant experience to get a bug in each eye. Had I slammed into a bunch of kids on the side of the road because I couldn't see, I would have done a lot less damage on my 49cc moped than you would have on your 750 Shadow.

[The Occultist]

What is the code you were cited for? I would like to read the language on the law.