South Carolina Criminal Defense Blog

I have trouble seeing the constitutional encroachment of the helmet law. Then again, I don't understand people that want to smoke in public buildings hiding behind the constitution either. When someone's right to do something *in public* directly affects my right to avoid it, that's where I draw the line.

Your right to loud pipes prevents my right to sleep a full night in my home. Your right to smoke in the bar prevents my right to not stink, get sick, and enjoy the bar as well. Your right to be stupid without a helmet prevents my right to drive without worry of killing someone. If I get into a vehicle accident with a motorcycle rider that isn't wearing a helmet, and that rider dies, I would have to think that would it affect me very personally if not legally.

I totally agree the argument that we can't let our government control everything we can/can't do. (I think speeding tickets in general are a major scam hiding behind the guise of safety.) But it can go the opposite way too. What if someone feels that setting off pipe bombs is their freedom of expression?

I ride and I voluntarily wear a helmet no matter what the law is. So maybe that's why I'm not so bent out of shape about it. I'm more pissed my property taxes took a jump to pay for all this angst (Why not just hike the sales tax during the month of May??)

The Constitutional issue deals with our state Constitution, and not the federal constitution. The S.C. Constitution contains a provision:

Article VIII § 14(5) of our South Carolina Constitution provides, that:
In enacting provisions required or authorized by this article, general law provisions applicable to the following matters shall not be set aside: . . . criminal laws and the penalties and sanctions for the transgression thereof . . ..

that has been interpreted by the South Carolina Supreme Court to require uniformity in criminal laws across the state. Local municipalities therefore cannot criminalize conduct that is not already criminal under state law.

Some examples are:

Jimmy L. Martin, Sr. v. Charles Condon, 324 S.C. 183; 478 S.E.2d 272 (1996) (Constitution requires statewide uniformity of general law provisions regarding criminal laws).
City of North Charleston v. Harper, 306 S.C. 153, 410 S.E.2d 569 (1991)(local government cannot impose different penalties for possession of marijuana than those established under State law).
Connor v. Town of Hilton Head Island, 314 S.C. 251, 442 S.E.2d 608 (1994) (municipality cannot criminalize nude dancing where relevant state law does not). Diamonds v. Greenville County, 325 S.C. 154; 480 S.E.2d 718 (1997) (county may not enact a general ban on public nudity when state law does not make such conduct unlawful).

To try to get around this, the city has called what it is doing "administrative infractions," rather than "criminal offenses," in the hope that the Court will interpret it as a civil and not a criminal penalty, and therefore not in violation of the S.C. Constitution.

I understand your arguments as to personal freedoms v. public safety. I think that motorcycle helmets to pipe bombs is a stretch, though.

The argument as to helmets is basically an argument that we need to legislate in order to protect the motorcyclists from themselves. I believe that the criminal justice system, and government in general, should not be in the business of protecting citizens from themselves, but rather protecting us from one another. When gov't representatives get into the business of protecting us from ourselves, this is when every minute detail of our lives becomes controlled by legislation and criminal penalties, and that complete loss of freedom flies in the face of what our country was founded on and should stand for today.

And you know, what is so distasteful about the situation is that they are not even legislating to protect the motorcyclists from themselves by requiring helmets. Their stated purpose that they have never tried to hide is to get them to leave town.

Ah, ok. When I heard these people argue about their constitutional rights, I assumed federal. (Maybe they do mean that?) But the state Constitution idea makes more sense now that it has been pointed out. Thanks.

On the opposite side, the bikers aren't handling it any better. For real entertainment, read any article on The Sun News website and see how many reader comments you read before somebody ties it into the biker controversy. Doesn't matter what the article is.

Im a bike rider and I just dont understand it. I mean you have buses carrying our children back and forth to school and there are no seatbelts on the buses.I feel that if you needed to make a change on a law it should be to protect the children that are not old enough to make the decision on their own, not an adult that is 21 yrs old or older that knows what he or she wants to wear to protect themselves while riding a bike.

Ohio just passed today that city law CAN NOT over ride state law. So be it

I don`t understand the one guy who talks about being around smokers and then says speeding tickets are a scam! Speed has nothing to do with killing anyone DUH! There are places here where I live that are no smoking, I don`t go in there. I don`t even smoke in my on house. I don`t smoke in anyones house even if they do, MY CHOICE. Too many people want the goverment to do there thinking for them. I was in the army (viet nam) fighting for peoples rights, Only to come home and have my rights taking away. I was 20 then and could buy only beer or wine. People better open there eyes. I don`t like the helment law, and if they don`t want me there in may, They don`t need my family vacations to be taken there.

I am one of the protesters who obtained a ticket in Myrtle Beach on Saturday February 28, 2009. The case is now headed straight to the SC Supreme Court where a ruling is expected by Fall.

PS - This in not my first helmet ticket but is my first one obtained in SC.

Monday's my birthday & I'm planning on riding through Myrtle Beach without a helmet all morning until I get my ticket. I want to make sure I get in my own personal act of civil disobedience before the helmet law goes before the SC Supreme Court on Wednesday.

Win or lose this will be my solo ride helmetless...I'm an ER physician & wear my helmet the rest of the time as a practical safety matter. I am actually in favor of a state-wide helmet law, however I am still amazed by the concept of the city of Myrtle Beach passing this law. This is different than passing a law affecting speeding or any other behavior that a driver/rider can dynamically change as they drive through town. This law requires a motorcycle rider that enters city limits to have a piece of personal protective equipment that is not required anywhere else in the state.

A totally law-abiding helmetless rider on a state highway entering Myrtle Beach city limits cannot be in compliance due to a lack of a physical device (helmet). By this same line of reasoning, one could argue that the city of Myrtle Beach could make air-bags mandatory for all vehicles driven within the city or else their drivers would be subjected to an administrative infraction. This seems ridiculous, but is it really any different?

Why is it people who know nothing about the sport are the first to tell us bikers the merits of mandatory helmets. 29 states have a choice and their death rates are 2.2% average and injury rates of 88.8% average for each 100 accidents while mandatory helmet states have a 3.5% death rate average with a 92.5% average injury rate per 100 accidents. Statistics used for this comparison are available online. The main reason that there are mandatory helmet laws is that very few people are good at math and percentages. My testimony before Congress in 1974 was instrumental in getting the original "1966 Federal Blackmail Helmet Law" repealed.
Note: Over 4233 dead motorcyclists while wearing helmets in the state of New York since 1967 and as for Myrtle Beach I will spend my $$$$$$$$$ at Sturgis, Daytona and Laconia. PS Myrtle Beach please don't call on us when you are broke because loud pipes and no helmets make for jingling $$cash$$ registers which is music to the ears of other states.

I think riders 21 years of age & over should not have to wear helmets its our choice!!!!!

I am the 24 year old mother of 2 small children. My 5 year old son can get on a bus with a complete stranger that has NO seatbelts and ride anywhere and its ok?? But I can't get on the back of a Harley Davidson with MY husband and go to the beach? A place where he and I grew up. We would go to the beach during bike week every year. Not only to get away and spend time with friends, but also to support a local place in our state, and guess what? No drinking was involved. I've been around motorcycles since I was little. My dad has always been a rider. When I started driving one of the first things he told me was to watch out for bikers. They deserve respect just like any other motor vehicle. Everyone wants to blame the bikers for accidents..let's look and see how many involved the bikers being hit by a moving vehicle because of a driver's negligence. I'm not saying bikers don't drink and drive, but what about people in vehicles that drink and drive. A person on a bike knows their limits, they are on 2 wheels, not 4. They know their life is in the balance. People in vehicles don't think like that. They think because they are enclosed they are safe. Residents want to say they are being disturbed, well bike week has been around for a long time and its only one week. If you knew it was there when you moved there then why are you mad at us? You didn't have a problem with it before. And you sure didn't complain when we were supporting your city. I hope you enjoy the higher taxes and city fees that you will be responsible for now that we aren't there to support you anymore. I'm sure Sturgis or FL would welcome us with NO HELMETS! I'm ready to see how much complaining is done when Myrtle Beach is broke and your jobs are dwindling because you wanted to be able to ride down the road without seeing or hearing a bike or because our pipes hurt your ears.. Roll your windows up and crank up the a.c and radio. No one tells you that you can't drive your mini van to Disney World, now do they?

It doesnt make since that we as a state would push any $$$$$ away from our state I've been going to the MB bike events for 10 yrs but won't be going back there are other bike events I can go to that will fit my wants & budget which most (bikers) dont set a budget when going to a bike event as I never have not that I'm rich by any means but its the one thing I do for my enjoyment & I'll just hafta deside where to spend my vacation $ It wont be MB !

So what is the law on moped rentals and helmets? I saw several moped riders that ride at the same speed as motorcycles in the city. I came to the city to ride free and cause no trouble. How can the government dictate how I ride my vehicle that I pay tax on, and insurance on? It's bullshit...Give me a ticket! What has this country come to? Are we so brainwashed that we are becoming the next USSR? Health care, mandatory laws...This practice is not a democracy.

I am glad to see the debate on the Helmet Law has opened some closed eyes to how this city and others like it as well as whole country is heading down the wrong road with the rights of the people. I myself was one of those on the freedom ride, I did not paid my ticket (two of them on that day) both helmet tickets, I am very glad we won but would be more happy if the people who I have seen and heard speaking how much they think the city was wrong, would had join us that Sat morning for the ride. I enjoy seeing the other riders out in mytle beach, riding without a helmet if they choose to, but I do not think they have a clue what we went thru for that freedom. One thing to sit on the sideline and complaint about everything, better to shut up and do nothing or get up and take a stands. If you are willing to complain, then be willing to do something about it, instead of being part of the problem, be part of the solution.
Oh, Think about this, the next time you go to vote.