Legal Opinion

Dowis v. State

Court of Appeals of Georgia

Decided April 4, 2000No. A00A0566PublishedCited by 6 opinions

1Opinion of the Court

Phipps, Judge.

Mark Dowis was convicted of operating a motorcycle without the headgear required by OCGA § 40-6-315 (known as Georgia’s motorcycle helmet law) based on evidence that he was wearing nothing more than a cloth bandanna as a head covering. In this appeal of his conviction, he contends that the trial court erred in denying his motion to quash the accusation. Dowis claims that the Board’s failure to publish lists approving specific types of approved headgear violates OCGA § 40-6-315 and that without such lists the statute is unconstitutionally vague.

OCGA § 40-6-315 (a) prohibits any…

2Cases cited2 opinions

  1. Hubbard v. StateSupreme Court of Georgia · 1987
  2. Ritter v. StateSupreme Court of Georgia · 1988

3Cited by6 opinions

  1. Marks v. StateSupreme Court of Georgia · 2005
  2. Abate of Georgia, Inc. v. State of GeorgiaCourt of Appeals for the Eleventh Circuit · 2001
  3. ABATE of Georgia, Inc. v. State of GeorgiaDistrict Court, N.D. Georgia · 2001
  4. Medina v. StateCourt of Appeals of Georgia · 2011
  5. Marks v. StateSupreme Court of Georgia · 2005

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