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CALIFORNIA HIGHWAY PATROL v. SUPERIOR COURT

No. H029406.

70 Cal.Rptr.3d 280 (2008)

158 Cal.App.4th 726

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.

January 4, 2008.

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.

STATEMENT OF THE CASE

Real party in interest Richard J. Quigley (Quigley) was given five citations by officers of the California Highway Patrol (CHP) for violating Vehicle Code section 27803, subdivision (b), which requires motorcycle drivers and their passengers to wear safety helmets.1 At a hearing on nine such violations, including the five CHP citations, the court ruled that the five CHP violations were correctable...

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