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STATE v. HARDESTY

08T02629, 08T02630; A139152 (Control), A139153.

241 P.3d 741 (2010)

238 Or. App. 146

STATE of Oregon, Plaintiff-Respondent, v. Jude Somerset HARDESTY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 20, 2010.

Attorney(s) appearing for the Case

Rankin Johnson IV , Portland, argued the cause for appellant. With him on the opening brief were Law Office of Rankin Johnson IV, LLC; and Brian S. Ruff and Sam Hochberg and Associates. On the reply brief was Rankin Johnson IV.

Tiffany Keast , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

In these consolidated cases, defendant appeals the trial court's judgments of conviction for two traffic violations for failure to wear a motorcycle helmet. ORS 814.269(1).1 The issue before the trial court was whether the helmet that defendant was wearing was a "motorcycle helmet," as defined by ORS 801.366.2 Defendant argued below that ORS 801.366 requires that the helmet comply with federal...

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