Cop Tickets Cyclist for Not Wearing Helmet (Not Illegal, FYI)

It's always a gas when you try to explain the law to an ignorant cop writing you a ticket—it's like trying to explain to Paula Deen that butter is a condiment and not actually food. The NYPD's cyclist fetish has intensified to such a degree that cops are not even bothering to write tickets for things that are even technically illegal (like blowing through a red light in the park). Here is the infuriating story of one David Curtis Lettier, an Air Force veteran who was pulled over on West 127th Street while riding his bike to class today:

I was pulled over today at 127th and Lenox for not wearing a helmet by Officer Purdie of the NYPD. After explaining to him that I am above the age of 13 and I do not/have never/currently wasn't using my bicycle for commercial purposes I was still given the ticket.
When he pulled me over he asked where my helmet was. I said I didn't need one by law but I offered to turn back and get the one in my apartment. He asked for my ID and motioned me to approach his passenger window. I gave him my military ID but he still asked for my driver's license so I gave him that too. I showed him I complied with all state and local laws and that I didn't see where in the law I needed a helmet. He told me to step away and that he'd double check with his sergeant. Instead, he sat in his unmarked car writing the ticket while talking out his driver side window with what I assume was his buddy. This random guy actually pulled over in front of the unmarked car, got out and struck up a conversation with Officer Purdie. The guy was in civilian clothes.

He motioned me back to the window and said he never heard that riders do not need helmets. He hands me the ticket while I ask what to do about this. Round and round we go until I offer to pull up the law on my phone. First I showed him the article from 2007 from your very own website about the helmet law. He wasn't buying it and had the tone of "prove it." Playing the lawyer, he wrote down my source as "Gothamist" in his ticket book and had me spell it out. It was then that I said forget that and pulled the law from the NYC.GOV website and had him read it.

His tone changed once again explaining he couldn't take back the ticket as if it was written in stone handed down by the mayor himself. He repeatedly tried to get his sergeant on the phone as he kept fumbling with the blackberry each time removing the battery for some odd reason. Having read the law he now backtracked explaining he didn't know if I was working or not. I explained there were only books in my book bag showing him my school ID. I had told him earlier that I was on my way to class which I was now late for.

In the courtroom of commonsense, if he did truly suspect that I was working, he could of pulled me over, asked if I was working, saw that I wasn't, and went on his day. In reality he, I guess, truly believes all cyclists must wear helmets and thought he had his first catch of the day─seeing as though targeting law abiding cyclists was his only assignment for the morning. I was illegally detained, wrongly ticketed, and now must waste the City's time proving there wasn't any violation.

The law, not that it matters, states that helmets are "required by law for children age 13 or younger and working cyclists, helmets are a good idea for cyclists of all ages." Lettier provided us with a copy of the summons and adds, "You'll notice the license plate number says 'Grander.' I don't know what it means. I didn't even have a plate on my bike. The cop wouldn't tell me what it means either." He intends to fight the ticket, which—if it was correctly issued to the parent of a helmet-less cyclist under 14—would be $50. But Lettier tells us, "I can't find anything on adults not wearing a helmet...well, because it isn't against the law. So I guess in my case it's $0.00." $0.00 plus his wasted time fighting Officer ~~Dim's~~ Purdie's Kafkaesque abuse of power.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By John Del Signore in News on February 7, 2011 4:22 PM

Comments [rss]

OldNewYorker

yea, I got stopped by a cop on 9th ave coming from central park around 42nd st- for NO HELMET... it seemed like he was flirting with me so that immediately put me on alert... AND I had had a recent confrontation with Parks Patrol on my bike which was traumatic... anyway- I found myself saying to the guy: "Do I really look like I'm 13 years old?" - me at 40 years old. I was so pissed that a few minutes later I amazed myself: I just rode away! He didn't persue. What a jerk.

Joey__Blow

I always wear a helmut when I am going out drinking. I can't tell you how many times its saved my life... because I can't remember!! haha

Jason Caho Chan

I got one for crossing a red light while following the cop crossing a do not walk sign. His excuse was what if I got hit by a car? Well he would've got hit first before me on that one way. Dismissed !

SwampYankee

BTW, I have it on good authority that the first crackdown tickets issued in December are already starting to be paid. These are just the really early ones and the revenue has been impressive. It is expected that revenues will increase sharply in the coming weeks and months as the full force of the crackdown keeps the cash register ringing. Thank you cyclists, for not putting up much of a fuss and just ponying up! Spring is coming and we look forward to your continuing contributions.

Dubai Directory

Whether to wear a helmet or not is currently a matter of personal choice (the majority of the cycle industry wishes it to remain that way).

OonaShanley

Just want to say, I'm a lady, biked in the City for over 30 years. My helmet saved me twice as I have used my bike to ferry to & from work for many years. It's true they don't always save lives, like the girl I saw decapitated at 72nd & Amsterdam years ago. She hit the mirror of a truck so yes there are plenty of times it is of no use. Another time a biker I was behind in Central Park was killed not wearing a helmet, that's when I took my Bicycle Renaissance bike mechanic's advice to start wearing it. I owe that guy a lot of thanks for questioning me over years, "Where's you helmet?" I had all the usual reasons not to wear it, I didn't like it, It was hot, I didn't want hat hair etc.Twice after that it saved my from cracking my head open, once from an invisible hole in the road and another time when I went over the handle bars on W 106th St due to a rock that pulled my tire out from under me. Then there was this 3rd incident & it was a doosey as indicated by the extent of my injuries & if my head had hit without a helmet,I hate to think. But hey, do what ever you think is best for taking good care of yourselves and may the force be with you, now and always.

eli_damon

That is pretty crazy. I'm sorry to hear about it. I don't live in New York, I live in Massachusetts, but I am the victim of an ongoing campaign of abuse by police officers in two nearby towns, who disapprove of my cycling on their roads, and my controlling narrow lanes in particular. Both towns have gone so far as to charge me criminally, despite my having broken no law. I beat the charges eventually, but the threat of further charges left me, and continues to leave me, in a very vulnerable position.

cycles.eli-damon.info/categori...

The Great Arturo Bandini

Maybe Rod will move to Massachusetts to fight the injustices up there...

pvbklyn

It's not just the snow that has made me give up riding my bike, something I've done for close to 60 years now, but that the police are now going to start targeting bicycle riders for any little infraction, real or otherwise. Soon they'll figure a way to make walking a crime or standing a certain way on a subway platform as a reason to hand out a ticket.

Erik

This exact thing happened to me on new years eve of 2009/2010... Cop pulls me over and says "you no wearing the bike hat!" I photocopied the ticket before I missed half a day of work to have it quickly dismissed. Interestingly, the very law he wrote on the summons was the one that stated the age requirements cited above.
Just stay away from police at all costs, and don't give them a reasonable excuse to fuck with you... I guess that's all you can do in a police state.

cmdrogogov

24/7 surveillance needs to start working both ways.

Curlyqueues

the ticket says HELMENT!!!!!!

Brian Morrissey

Helmet laws are intended to discourage new cyclists by shifting the blame for having the temerity to even be in the road in a crash with a vehicle.

dis_sho_am_good

Can we please get the same outrage at the "swim at your own risk" policy of NYC and NY State beaches. That is a true outrage.

hunter_blatherer

I like how they don't pay a lifeguard after a certain hour (they're pretty cheap) but they pay the cops to drive SUV's up and down the beach.

OonaShanley

You can lead a horse to water but you can't make em drink. Yep, I hit the pavement going a bit faster than walking pace, broke all ankle bones, large bone in lower half of leg, bones in foot too. After 3 surgeries, I am lucky I didn't loose my leg or my arm when I contracted a staff infection in the healing process. So far the medical bills are close to a million, not to mention the constant pain in my left leg. You guys are so busy being sarcastic and so desperately want to prove that helmets are of little or no use - nothing I say would merit your consideration. So my wise Gothamist commenters, I hope your bet is a sure thing and wish you all happy trails and a safe travels where ever you bike.

starrygordon

There are many reasons why helmets are evil. The major one is political: they help convince people that there is something dangerous and reckless about riding a bicycle. Thus, a bicycle rider is a fool, like a child playing in the street, and can be treated with carelessness, disdain and hostility. And this is what we observe in the present story.

jaycjay

"ou guys are so busy being sarcastic and so desperately want to prove that helmets are of little or no use - nothing I say would merit your consideration."

If you can explain how a helmet might have prevented your injuries, I am absolutely willing to give your story full consideration,

Without that explanation, though, it seems like your anecdote has no relevance at all to a discussion about bicycle helmets.

JarekAF

He's not saying a helmet would've prevented his injuries. He was wearing a helmet. He's saying that if he weren't wearing a helmet he would've been f'ed. Even with the helmet, he got all those injuries.

He wrote a post above a little bit where he mentions the helmet.

random transplant

sorry. thanks for pointing that out. I should have been more clear.

I'm saying Jay, not Oona, should test gravity before concluding helmets aren't a good idea.