when you pull someone over

[IrishJoe3]

All I know is more people seem to be getting tickets now due to budget shortfalls
.

And you make that assumption based on what data?

[zoglog]

And you make that assumption based on what data?

purely anecdotal, but you know how it is, **** rolls downhill.

[IrishJoe3]

purely anecdotal, but you know how it is.

No not really, but hey, whatever floats your boat

[winnre]

On my way home if I did 85mph I would get a ticket for impeding traffic.

[Flouncer]

Wow

Lets take it further. Suppose you were drunk. Should he just let you go because he made an honest mistake stopping you when he thought he saw a violation? No, he will arrest you and then write in his report that when he first stopped you he thought he saw something (expired tags) which later turned out to be a mistake. Granted, the court case might be weaker than it should be, but it is still a good arrest.

Small world. Yesterday the wife was watching the government access channel and it was an educational presentation. The presentation was about a Cal Supreme court case (I think) that involved just such a scenario, but the reason for the initial stop was no plates.

The defense attorney was arguing that the cop didn't check the front window for the temp reg on a new car with a blacked out back window. No temp plates or paper thingy. She was trying to get the case tossed because the original reason for the pull over was subject to interpreatation and dispute. The cop is supposed to drive around in front and look back over his shoulder to see the 3-inch paper in the front window. Never mind if it was at night and headlights usually point forward.

I got so pissed watching these crap weasels that Mrs. yelled at me to shut up. I tried to find the A's game on the tube but got evicted from the room. Went out and pulled weeds.


So, I don't know the final outcome or resolution. Any thoughts from someone on any recent court cases of this nature ?

Thanks !!

[BillCA]

On my way home if I did 85mph I would get a ticket for impeding traffic.

LOL -- I read this in my email update and thought.. "San Diego?" Looks like I wasn't too far wrong.

[jtmkinsd]

Small world. Yesterday the wife was watching the government access channel and it was an educational presentation. The presentation was about a Cal Supreme court case (I think) that involved just such a scenario, but the reason for the initial stop was no plates.

The defense attorney was arguing that the cop didn't check the front window for the temp reg on a new car with a blacked out back window. No temp plates or paper thingy. She was trying to get the case tossed because the original reason for the pull over was subject to interpreatation and dispute. The cop is supposed to drive around in front and look back over his shoulder to see the 3-inch paper in the front window. Never mind if it was at night and headlights usually point forward.

I got so pissed watching these crap weasels that Mrs. yelled at me to shut up. I tried to find the A's game on the tube but got evicted from the room. Went out and pulled weeds.


So, I don't know the final outcome or resolution. Any thoughts from someone on any recent court cases of this nature ?

Thanks !!

I'm not LE, and I haven't heard of any court cases for this type of stop, but I DO have some experience with something of a similar nature. Back in my younger days I was attending San Diego State University and was pulled over after leaving a morning class (7-10 a.m.) by a University police officer. I was in a mazda mx6 I had purchased not to long before the stop and I had a red paper registration tag in the rear window. The window had some medium tinting on it. As the officer came to the window she stated "Can I see your license, registration and proof of insurance please? I gave them to her. She next stated "The reason I pulled you over was the expired tag on the plate." I asked "You didn't see the paper tag in the window?" She stated "I could just barely make it out." I (in kind of an irritated tone...I hadn't had any coffee yet) said, "But you could see it couldn't you?" Things kind of slid downhill from here...lol. She somewhat angrily stated "your eyes look a little bloodshot." I stated "Lady I just got out of a three hour class that started at 7...there's about 20,000 other kids with bloodshot eyes running around this campus." I think nobody, including myself, would be surprised at her next words: "Step out of the vehicle sir."

Needless to say I was subjected to a roadside evaluation, which I passed. I could have been a real dope and refused the evaluation but at that point I had realized I should just comply and we'd both be on our way, which is just how the stop concluded. I've often wondered where the line was in the stop she made. Once she saw the paper tag the cause for the stop was null and void wasn't it? Did she really have cause to make contact and ask for license and registration? Or should she just have stated she saw the tag and said have a nice day? I never really harbored any anger or resentment toward the officer, I was just cranky cuz I hadn't had my coffee...lol

[shellyzsweet]

I got pulled over for doing 15-20 over the posted limit once by CHP. First time ever being pulled over, but I'd been with a friend who was respectful and got out of a fix it ticket for being that way....

....So I pulled over and off on an exit....I figured I'd stop on the highway if he told me to via PA but he didn't so I merged all the way to the right and got off the freeway at the next ramp. I pulled off, stopped, turned off my car, put the keys on the dash, and hands on the wheel, rolled down my window and waited for him.....then he finally tuned on his flashlight to show me he's at my passanger side...DO'H! -Rolled it down and it was all yes sir no sir sorry sir. I was wearing cargo pants so I told him my wallet was in the side of my cargo pockets...u know "thanks, slowly, no sudden movements" etc. Gave him my wallet and insurance and registration....validated my address with streets, more yes sir no sir....slow down, yes sir. Be safe..yes sir....got out of it.
-Being respectful is super helpful, showing them that they are the authority, also a good thing.....being nice to the man with a gun, again a good thing....ALWAYS!!

-It also help's to be in uniform when he pulls you over

[socalblue]

Man, wish more of you guys worked in nor cal.

I worked for a PD for 3 years in while in college ,non sworn but working with LEOS on calls hands on, have the utmost respect for police ( hell, im finishing my work now trying to get into state parole), never gave an once of attitude. Always got the windows down, the interior lights on, and keys on the dashboard.

Im 5/5 in the last 7 years, all CHP issued tickets. All less then 10 over.

Hell last year I got one for 61 in a 55 construction zone....at 5:30AM.

Anything over the limit in a construction zone = CHP ticket. Too many CALTRANS folks hurt/killed so it's a VERY sore spot for them.

[IrishJoe3]

Anything over the limit in a construction zone = CHP ticket. Too many CALTRANS folks hurt/killed so it's a VERY sore spot for them.

+1. When you have open holes in the road separated from traffic by nothing more than a couple cones, reduced roadway width, poor lighting, confusing lane markers, uneven roadway surfaces, and a whole bunch of construction workers and heavy equipment running around, its a recipe for disaster. Throw speeding or inattentive drivers in the mix, someone is going to get killed (you ever seen whats left of a car after it hits a 20,000 lb tractor at freeway speeds?) For that reason very little ladditude is given in construction zones. The Cal-Trans guys wanna make it home at the end of their shift too.

[oldsmoboat]

Anything over the limit in a construction zone = CHP ticket. Too many CALTRANS folks hurt/killed so it's a VERY sore spot for them.

+1. When you have open holes in the road separated from traffic by nothing more than a couple cones, reduced roadway width, poor lighting, confusing lane markers, uneven roadway surfaces, and a whole bunch of construction workers and heavy equipment running around, its a recipe for disaster. Throw speeding or inattentive drivers in the mix, someone is going to get killed (you ever seen whats left of a car after it hits a 20,000 lb tractor at freeway speeds?) For that reason very little ladditude is given in construction zones. The Cal-Trans guys wanna make it home at the end of their shift too.

Yes we do. Thank you.

[BillCA]

I always slow down for construction zones. On highways like I-680 along the foothills it's hard for even your cruise control to maintain 55mph.

But I have to have sympathy for CalTrans workers...at least to some degree. My ex-neighbor is one and in 14 years has lost 7 coworkers he knew personally. Another guy I know (not the sharpest knife in the drawer, but apparently good fixing roads) has seen three guys killed on crews he was working with.

Wanna know why CT spends hours putting out cones, illuminated flashing signs and using "blocker" trucks with crash barriers on the rear? Mike gave me a perfect example. CalTrans doing early-morning repair on a state highway in the mountains. A falling tree weakened the roadway going downhill. So, CT puts out a flagman and cones around the corner to control traffic. After letting three cars pass through, the flagman shows the STOP sign again as a driver comes along in a Mazda Miata. With no warning, the driver whips around the flagman, and disappears around the corner. Before the flagman can radio anyone *CRASH*. The Miata driver, late for work and in a hurry, whipped his little 2400 pound car around the corner and at an estimated 40mph impacted the front blade of a CalTrans D6 Caterpillar tractor. (Yes, the Miata lost the contest).

Worse yet, after surviving breaking both legs, ankles, etc. he sued CalTrans for "insufficient warning" of a construction area. His claim was that he "didn't see" the flagman because there was no CT vehicle nearby and that CT failed by not being able to alert the 'Dozer driver to get out of his way! He actually won...now CT is supposed to delegate another vehicle near the flagman's position and position the flagman further back. But the dweeb's win was a phyrric victory. The jury awarded him just $1.

[oldsmoboat]

We see all kinds of crazyness...

http://www.marinij.com/ci_11532146?source=most_viewed

[Farva]

I am a perfect 5/5 on getting a ticket, polite as possible, yes sir/no sir, the whole deal. Still rack um up.

3 tickets from the SAME LASO motorcycle officer in a 3 year period, all 3 of the tickets were under 10 of the limit. 42 in a 35, 63 in a 55, and 61 in a 55. Needless to say I dont drive anymore than 5 over.

Other ticket was a CHP, driving to work and not paying any attention, total oblivious moment. I was the only car on the road, big long straight line of open country road and he literally just comes out of no where, dont know how I didnt see him coming, total obliviousness. Anyways once i realized it was a CHP coming towards me I look at the speedometer and notice im doing 90, he passes by me and when I look in the rear view I see brake lights. I stopped and pulled over to the side of the road before he even finish making a b*tch, didnt even flick on the sirens.

He just comes up to my window with a grin and said, "Pulled over almost as fast as you were driving huh?" I just looked at him and smiled and said im not even gonna fight it man with a chuckle. Hes like gimme your info and Ill cut you some slack for pulling over so quick, wrote me up for 70 in a 55 so i didnt get all the reckless driver crap for going to far over the limit.

And the final ticket was on base from secuirty forces, got me for going 2, TWO, mph over the limit lol. They enforce the limit to the literal limit. Needless to say, I dont have any luck with cops and tickets, anytime I get pulled over I assume im getting written up, especially if its one of the LASO motorcycle officers, they be ruthless. There hasnt been a time Ive been pulled over without getting a ticket.

[jmatt511]

Always depended on how much over the speed limt and the attitude of the driver/rider.