IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY NORTH COUNTY TRAFFIC DIVISION
STATE OF FLORIDA

VS .

GARY ALLEN CLEATOR

Defendant

CASE No. 96-08853 6P

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


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