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CALIFORNIA HIGHWAY PATROL v. SUPERIOR COURT

No. H029406.

58 Cal.Rptr.3d 895 (2007)

150 Cal.App.4th 1207

CALIFORNIA HIGHWAY PATROL, Petitioner, v. The SUPERIOR COURT of Santa Cruz County, Respondent; Richard J. Quigley, Real Party in Interest.

Court of Appeal of California, Sixth District.

May 17, 2007.

Attorney(s) appearing for the Case

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, James M. Humes, Chief Assistant Attorney General, Jacob A. Appelsmith, Senior Assistant Attorney General, Miguel A. Neri, Supervising Deputy Attorney General, Fiel D. Tigno, Supervising Deputy Attorney General, Karen Kiyo Huster, Deputy Attorney General, for Petitioner California Highway Patrol.

Lascher & Lascher, Wendy Cole Lascher, Ventura, for Real Party in Interest, Richard J. Quigley.

RUSHING, P.J.

INTRODUCTION

Vehicle Code section 27803, subdivision (b) (hereafter section 27803(b)) requires motorcycle drivers and their passengers to wear safety helmets when riding.1 The issue in this case is whether a violation of the statute is a correctable infraction, that is, one for which law enforcement authorities may issue a correction citation or "fix-it" ticket. We...

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