Pleased to hear that there are still some die hard helmetless drivers out there
Over the years the recounting of my exploits seem to have suffered something along the lines of Chinese whispers lol.....allow me to set the record straight (not that I have a record of course
I was not found not guily on "one" ocassion in the Magistrates Court. I was found not guilty five times. It was this that prompted Crown Prosecution Service (CPS) to take the matter to the High Court to establish if the Magistrates Court was right to continue to do this or not. Very long story cut short, the evidently pre-determined decision of Lord Justice Maurice Kay and his wingmen (one was a wingwoman) was that the Magistrates Court was wrong to find me not guilty and they were instructed to find me guilty on all five counts.
I was not particularly surprised at this outcome and drove back from the High Court without a helmet of course.
The Magistrates Court were somewhat miffed that the High Court had given it something of a slap. I was asked what I had to say in mitigation and delivered a short (for me anyway lol) recap of the stupidity of the archaic legislation that so clearly should not be applied to this specific vehicle. Once again, the very reasonable and thoughtful magistrates listened carefully and arrived at the following conclusion. They had no option but to find me guilty as directed by the High Court and so the verdict was duly handed out. Guilty on all five counts. However, the punishment for these dastardly crimes was not stated by the High Court and so, partly I think to help wipe the egg from their faces, they almost gleefully stated that due to the consequences of my actions (ie driving a BMW C1 without an approved protective helmet) being extremely unlikely to result in any less protection to my head, they stated (words to the effect of) "We are granting you an Absolute Discharge on all five cases, without fine and without costs". I thanked them very much indeed, left the court, got "in" my C1 and drove home. I did not wear a helmet again for the duration of my C1 driving years (that ended several years after my last court appearance) at the end of May 2011 when I moved abroad. That amounted to a total of ten years helmetless driving and, if I were still in the UK, it would now be 18 years!
I was, of course, stopped several times after my five Absolute Discharges but nothing ever came of any of those. The best stop was in a fuel station, somewhere between Northampton and Birmingham, where an officer in a parked police car saw me drive in. As I was filling up he approached me and told me I should wear a helmet "on one of these things". I said something to the contrary to which he began a short lecture about the actions of someone called Peter Parker who took on the government and lost, ending up with five counts going against him! I corrected him saying that he actually got five absolute discharges and the CPS has given up trying to get him penalised. He asked to see my licence, looked at it, smiled, said "Have a nice day Mr Parker" and walked back to his car
By all means lean upon any of the documents from my history in this regard and also feel free to refer to any of my posts too. There are one or two! Unless you plan on tackling the subject with all gund blasting and being in for the long haul as I was, I do not think you should refer to the turban argument at all. The case for driving a C1 without a helmet is perfectly strong enough by simply depending upon the extremely obvious and huge lengths that BMW has gone to to produce a two wheeled vehicle that is "safe" to drive without a helmet. Additionally you can then find plenty of data on basal skull fractures that have every chance of resulting from high impact frontal collisions if you add a couple of kilo to your already weighty head. Make your case sensibly, logically and reasonably based upon safety issues and without emotional content and without pointing fingers at others. My five absolute discharges AFTER the High Court directive to find me guilty is a very strong lead for other sensible, reasonable Magistrates to follow. Hope you get on ok. Please let me know! Kind regards PP.