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CHP: What is my SAFE Speed?

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  • #61
    bigger hammer
    Senior Member
    • May 2009
    • 2051

    On my first department this was written in the policy. It assumed a car in good working order with good tires being driven under ideal conditions; daylight with no vision obstructions and a medium flow of traffic. It assumed that the driver was in good mental and physical condition.

    The policy said that if the driver was going 5 mph over the posted speed limit the officer "may stop and may cite." If the driver was going 5-10 mph over the posted speed limit the officer "should stop and may cite." If the driver was going 15+ over the posted speed limit the officer "should stop and should cite." Those words were intended as a guideline.

    These numbers can be reduced by such things as wet roadway, fog, bald tires, impaired driver, etc. An officer CAN issue a citation for 1 mph over the limit. Speed can be measured by a pace, by an estimate, or by a device such as radar or lidar or a combination of these.

    Quotas don't exist but the officer who wrote the most tickets for each month won a toaster oven! The officer who wrote the most tickets for the year won a trip to Hawaii!

    Most of this post is serious but part is not. Some won't be able to discern which is which.
    And who comes to our aid in times of peril? Sometimes, it is the police or first responders; other times it is healthcare professionals; and sometimes it is family, friends, or neighbors. Sometimes, it is no one."... - U.S. District Judge Stephen McGlynn.

    Comment

    • #62
      oldsmoboat
      Senior Member
      • Jul 2009
      • 1303

      In my experience (not LEO) it depends on your attitude, if you are being safe and who you work for.
      Most CHP I work with give a break to CDL holders as it effects their livelihood.
      I have been given a break because I work for Caltrans.
      I am always respectful and truthful. Even if I am getting a ticket instead of a warning. No sense in pissing off the guy/gal holding the pen.
      Do good recklessly

      Comment

      • #63
        Fire in the Hole
        Senior Member
        • Oct 2008
        • 1563

        Originally posted by oldsmoboat
        In my experience (not LEO) it depends on your attitude, if you are being safe and who you work for.
        Most CHP I work with give a break to CDL holders as it effects their livelihood.
        I have been given a break because I work for Caltrans.
        I am always respectful and truthful. Even if I am getting a ticket instead of a warning. No sense in pissing off the guy/gal holding the pen.
        I admit to a little bit of confusion to this specific point. Everybody driving has or is legally required to have a valid CDL in his/her possession. So there is really nothing spectacular to this. Even the "Great Unwashed" of our society may have CDL's, if only for ID. No CDL=Misdemeanor Citation+Impounded Vehicle.

        Comment

        • #64
          RedMongooSe
          Member
          • Mar 2009
          • 146

          Originally posted by Fire in the Hole
          I admit to a little bit of confusion to this specific point. Everybody driving has or is legally required to have a valid CDL in his/her possession. So there is really nothing spectacular to this. Even the "Great Unwashed" of our society may have CDL's, if only for ID. No CDL=Misdemeanor Citation+Impounded Vehicle.
          i think he is means that the purp has a California licence, not a Nevada, Texas, Az.

          Comment

          • #65
            Fire in the Hole
            Senior Member
            • Oct 2008
            • 1563

            Originally posted by RedMongooSe
            i think he is means that the purp has a California licence, not a Nevada, Texas, Az.
            I still do not get the significance of the point. I know of hobos and bumbs with CDL's.

            Comment

            • #66
              oldsmoboat
              Senior Member
              • Jul 2009
              • 1303

              My bad:
              CDL = Commercial Driver's License.
              Do good recklessly

              Comment

              • #67
                Fire in the Hole
                Senior Member
                • Oct 2008
                • 1563

                Originally posted by oldsmoboat
                My bad:
                CDL = Commercial Driver's License.
                Okay I understand where your are coming from now. Among LEO's, CDL =California Driver's license. ADL=Arizona Drivers' License, and so on.

                Comment

                • #68
                  American_pride
                  Member
                  • Feb 2007
                  • 235

                  All CHP funding comes from DMV fees. That is why they take it personal when you haven't paid your tags. At least the ones I know LOL
                  "He's dead now!" United States Marine Falluja, Iraq

                  "Fifteen percent of all women who gave birth within the last year were noncitizens." Paul @ ARFCOM

                  Comment

                  • #69
                    Grumpyoldretiredcop
                    Calguns Addict
                    • Sep 2008
                    • 6437

                    Originally posted by jlh95811
                    That's funny. I assume it's a joke. I know they can right as many as they see fit. But there is a number that the department as a whole MUST produce. If they do not do so in consecutive months their budget gets decreased.

                    Ever think it's odd to see all the CHP out in force the last 3-5 days of the month?
                    There's a reason why this poster can't back up his statement. He's wrong.

                    From the California Vehicle Code:

                    41600. For purposes of this chapter, "arrest quota" means any requirement regarding the number of arrests made, or the number of citations issued, by a peace officer, or parking enforcement employee, or the proportion of those arrests made and citations issued by a peace officer or parking enforcement employee, relative to the arrests made and citations issued by another peace officer or parking enforcement employee, or group of officers or employees.

                    41601. For purposes of this chapter, "citation" means a notice to appear, notice of violation, or notice of parking violation.

                    41601.5. For purposes of this chapter, "agency" includes the Regents of the University of California.

                    41602. No state or local agency employing peace officers or parking enforcement employees engaged in the enforcement of this code or any local ordinance adopted pursuant to this code, may establish any policy requiring any peace officer or parking enforcement employees to meet an arrest quota.

                    41603. No state or local agency employing peace officers or parking enforcement employees engaged in the enforcement of this code shall use the number of arrests or citations issued by a peace officer or parking enforcement employees as the sole criterion for promotion, demotion, dismissal, or the earning of any benefit provided by the agency. Those arrests or citations, and their ultimate dispositions, may only be considered in evaluating the overall performance of a peace officer or parking enforcement employees. An evaluation may include, but shall not be limited to, criteria such as attendance, punctuality, work safety, complaints by citizens, commendations,
                    demeanor, formal training, and professional judgment.

                    Any questions?
                    Last edited by Grumpyoldretiredcop; 08-31-2009, 11:07 AM.
                    I'm retired. That's right, retired. I don't want to hear about the cop who stopped you today or how you didn't think you should get a ticket. That just makes me grumpy!

                    Comment

                    • #70
                      Ron-Solo
                      In Memoriam
                      • Jan 2009
                      • 8581

                      Originally posted by jlh95811
                      Don't be coy. It is undocumented. Otherwise there would be hell to pay. They aren't going to put it in writing.
                      Funny though, how you thought I may actually be looking for it. As if I need proof to validate myself. I am above your little games.
                      OK, You've said your piece and now you've gone beyond the scope of this forum. You are so far off base with your "Quota" theory that your opinion and comments are on the grounds of violationg the rules of this forum.

                      Time for you to go. Bye-Bye.
                      LASD Retired
                      1978-2011

                      NRA Life Member
                      CRPA Life Member
                      NRA Rifle Instructor
                      NRA Shotgun Instructor
                      NRA Range Safety Officer
                      DOJ Certified Instructor

                      Comment

                      • #71
                        Triad
                        Senior Member
                        • Mar 2008
                        • 1684

                        Been a strong advocate of:

                        "Under 9, your doing fine. Over 9, your *** is mine."

                        Mostly because I cant think of anything cleaver for 10mph

                        Comment

                        • #72
                          slowjonn
                          Senior Member
                          • Oct 2005
                          • 965

                          Aw your not trying hard enough.

                          "Under 10, you win. Over 10, I use my pen"

                          Comment

                          • #73
                            IrishJoe3
                            Veteran Member
                            • Feb 2009
                            • 3804

                            Originally posted by SD202
                            know you are jamming his gun. The detector only warns you.
                            LOL you sir are a wise man!
                            Urban legends are a poor basis for making public policy.

                            Comment

                            • #74
                              ronaldraymond2
                              Junior Member
                              • Jun 2013
                              • 2

                              Originally posted by slowjonn
                              Aw your not trying hard enough.

                              "Under 10, you win. Over 10, I use my pen"
                              or "10 or less I don't address" for the first part

                              Or if you really want to test the judge's patience (after all, there is an 84% chance that 1 over by LIDAR is correct...)

                              "Heed the sign and you'll be fine; miss by 1, your *** is done."

                              Comment

                              • #75
                                NytWolf
                                Veteran Member
                                • Feb 2010
                                • 3935

                                Originally posted by nicki
                                There are sites dedicated to dealing with speeding tickets, but the bottom line is the law needs to be fixed.

                                On roads with speed limts of 50 mph or less, traffic engineering surveys are supposed to be done within 5 years to measure flow of traffic. The speed limit is supposed to be what the top 85th percentile of traffic flows, generally it is rounded down so that it is in 5 mph increments.
                                I'm not sure how your statement helps. But one of the definitions of a "speed trap" is using an electronic speed capturing device, like a radar gun, on a stretch of highway where there has not been a traffic survey done in the last SEVEN years.

                                You can make a arguement that if you were driving say 45mph in a 35 mph zone at 12am and there was no traffic, that even though you were exceeding the speed limit, that it was a safe speed for conditions.
                                That is the prima facie speed limit law. CVC 22350

                                On the highways were the speed limit is 55mph or higher, the rules are different, the speed limit is what it says, period.
                                That is the MAX speed limit law. CVC 22349

                                They don't do traffic surveys and even if they did, the state limits max speed on highways to 65/70mph.
                                The MAX speed limit law is JUST THAT ... the MAX. Arguing that safe road conditions allow for greater speeds do not apply.
                                CVC 22350 and CVC 22349 are mutually exclusive.


                                If you say you were going 70 in a 65 in traffic court, you are guilty, you really have no defense except the mercy of the court.

                                Generally speaking, most police won't bother you if you are 5mph over, if you are 6 to 10mph over, maybe. If you are more than 10 mph over the limit, you are risking a ticket.

                                ....

                                Nicki
                                I'm not going to address the rest of the statements, cause my eyeballs ache trying to read that.

                                Comment

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