ORDER GRANTING DEFENDANT'S MOTION TO DISMISS
BASED UPON THE DEFENDANT'S RELIANCE UPON THE COURT'S RULING THAT
FLORIDA STATUTE 316.211
(Florida's Helmet Law) IS UNCONSTITUTIONAL
THIS CAUSE having come before the Court on May 16, 1996 on
the Defendant's written Motion to dismiss based upon the reliance upon
the Court's ruling of the unconstitutionality of Florida Statute
316.211, the Court having taken testimony of the Defendant and
considered argument of counsel, the Court finds that the Defendant's
actions of riding a motorcycle without a helmet in this case were in
reliance upon this Court's declaration in State V, Raynal, Case
No. 94-22863 OMANC (North Pinellas County Traffic court 12-8-95) that
the Florida Helmet Law Statute, 316.211, is unconstitutional and
during the time the Court's ruling is in full force and effect, and no
liability in the form of a penalty for said actions can be incurred;
State ex rel. Williams v. Whitman, 156 So. 705, 709 (Fla. 1934).
Therefore, it is
ORDERED AND ADJUDGED THAT the Defendant's Motion to Dismiss
with prejudice is Granted.
DONE AND ORDERED in Clearwater, Pinellas County, Florida
this
16th day of May, 1996.
HENRY J. ANDRINGA
COUNTY JUDGE
cc: Ron Smith, Esquire
Jean Kwall. Esquire/Bernie McCab
Attorney General/Susan Cheruti