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734K views 6K replies 680 participants last post by  LivesNearCostco 
#1 ·
Okay, I've been debating doing this for a while now. And, I'm kind of tired of the "I hate cops" threads. Have you ever wondered why a cop gave you the ticket rather than someone else? Is this mod or that mod legal? What would a cop do if he saw this or that happen on the road? As many of you know, or have been able to figure out, I'm an Officer with the California Highway Patrol (It is, therefore, my primary job to give tickets, take drunks to jail, and write-up accident reports). I've been doing the job for about three years, which doesn't make me an expert. I figure that it would be nice to allow you guys to "pick me brains" on stuff. I'd like to be able to answer questions that you guys have about certain situations, and what not.

Keep in mind that some of these answers are MY opinion, not those of the department, or even other Officers. Even if you do what I suggest, you might still get a ticket, or go to jail. There will have to be rules, though. Here they are:

Main rules are these --

1) RESPECT -- I'm not going to put on my flame suit, anyone that's going to post in this thread SHALL be respectful to me, and other Officers. Anyone who is not, won't get a reply. Call anyone with a shiny piece of metal on their chest a "Pig", and you won't get a reply.
2) HONESTY -- Be honest about what happened, and how you reacted. What you, and the Officer said.
3) BE NICE -- Not following this is the most important. Foul language SHALL be kept to a minimum! If you can't express your anger without first calming down and using adult words, then I have no room for you in my life.

Others are things along these lines --

1) Questions about Vehicle Code SHALL be in regards to California laws only! I don't work in other states, and therefore have no knowledge of their laws. If you bring up a law in another state, you have to post the law in question. Even then, I would only have limited knowledge in regards to it.
2) You can ask me what I would do in a given situation, but don't expect other Officers to do the same.
3) Other Officers can post replies to questions, but everyone SHALL follow the two primary rules.
4) I enforce the law, I don't write the law. If you have a problem with how a law is written, this isn't the place to air your concern.
5) After I turn the ticket in, I have limited knowledge on how to deal with it. My knowledge is limited to what I have encountered in my own experiences with getting tickets (yes, I do get them from time to time).

Questions about the CHP might be able to be answered on the Departments website www.chp.ca.gov

With all this in mind, let's see how this thread goes. I'll try to answer questions as best, and as quickly as I can. I don't have the ability to spend hours upon hours each day on these forums, so I might not be able to answer things right away.
 
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#4,099 ·
I have a good one for you. Hopefully you can help me out and perhaps even give a little insight.


So as I was looking for parking at a local bar on friday night I go to make a right onto a street and theres a cop at the corner. I made the full stop before the pedi lane then turned in. As i do that, I made eye contact with the officer which was in a cruiser facing the opposite direction and poilitely smiled then continued on my way. About half a block in I told my brother that I had I feeling I was going to get pulled over for window tint and just as I said that I see the cruiser hit the brakes to put the car in drive and then start making a U-turn. This next intersection is a T so I make another right and continue looking for parking hoping that I was wrong. I made a left into a driveway to complete a U-turn (there was an empty parking space right next to it) and the cop comes hauling and pulls up behind me with the lights. I turn off my car, roll down the windows and the cop comes to the window asking for Drivers license and registration.

Me: Sure officer, may I ask what the problem is?
Cop: Ill tell you in a minute, just let me see your drivers license and registration.

So I hand it to him and he goes to the cruiser. Comes back and...

Cop: (hands me paperwork) i pulled you over for window tint. Where are you headed?
Me: Im going to the local bar (i gave the actual name)
Cop: Have you been drinking?
Me: No officer, im just getting here.
Cop: So you havent had any alchohol?
Me: No sir
Cop: are you sure?
Me: Yes officer, im sure.
Cop: Step out of the vehicle, we're going to give you a sobriety test.

So at this point im thinking WTF? but continue to cooperate. So they make me do the test (except for the blower) because of course I passed the other test. Tells me to get back in the car so i do. The officer then comes back and gives me the window tint ticket to sign and say tells me several times to get the tint in the front removed. He proceeds to tell me that I better not have one lick of alchohol or hes going to catch me.


My question is not about the tint. I know just like all these other Cali residents know that youre not supposed to have tint in the front. My question is about the protocol on giving sobriety tests. At what point is it a violation of rights? I know that if a driver is speeding or swerving youre bound to get a sobriety test. What about vehicle violations though? Can you give every driver that has a tail light out or a bald tire a test?

An arguement might be that I was in an area where people are being served alchohol but if the person you pull over shows no signs of being under the influence and theyre not pulled over for a traffic violation. What then?


I greatly appreciate any insight on this.

Thanks :hi:
 
#4,100 ·
I have a good one for you. Hopefully you can help me out and perhaps even give a little insight.

So at this point im thinking WTF? but continue to cooperate. So they make me do the test (except for the blower) because of course I passed the other test. Tells me to get back in the car so i do. The officer then comes back and gives me the window tint ticket to sign and say tells me several times to get the tint in the front removed. He proceeds to tell me that I better not have one lick of alchohol or hes going to catch me.


My question is not about the tint. I know just like all these other Cali residents know that youre not supposed to have tint in the front. My question is about the protocol on giving sobriety tests. At what point is it a violation of rights? I know that if a driver is speeding or swerving youre bound to get a sobriety test. What about vehicle violations though? Can you give every driver that has a tail light out or a bald tire a test?

An arguement might be that I was in an area where people are being served alchohol but if the person you pull over shows no signs of being under the influence and theyre not pulled over for a traffic violation. What then?


I greatly appreciate any insight on this.

Thanks :hi:
Very interesting experience, here are my thoughts...

You were likely driving pretty slow, perhaps were lane straddling, and looked a little distracted since you were looking for parking (I'm not positive since I wasn't there, but I know typically when someone is looking for parking or an address, their driving behavior reflects some changes). That could have been his logic here.

In order to ask you to perform the tests, your driving behavior, or your speech/smell of alcohol in the car/behavior after the stop need to provide him some reasonable suspicion. So long as he has legitimate probable cause to pull you over (i.e. tint) it is not hard for him to further articulate reasonable suspicion that would have brought him to the point of going through field sobriety tests with you. He really doesn't need much at all to articulate why you went through the tests.

Keep in mind two things... Case law has provided that, during a traffic stop, the officer/deputy has the legal ability to detain you wherever they want, whether it be in your car, outside of your car, on the curb, or in his backseat. So there is no "rights violation" for an officer to pull you out of a car during any traffic stop at any time. Secondly, driving is considered a privilege, not a right, and when you get your license you've given implied consent to provide a breath or blood sample upon the demand of an officer so long as he has reasonable suspicion that you've been drinking.

Anyhow, the officer has a ton of latitude here. If something like this happens in the future, once all the tests are done and you're about to leave, feel free to politely ask what you did that made him think you had been drinking. If he can't give you a viable answer right away, you can always make a complaint against him if you choose.
 
#4,102 ·
4:30 PM on the same day I posted about it. Forgot if that was Saturday or Sunday.


I have stated multiple times in the other thread, I acknowledge what I did was wrong, but I just could not give a flying sh!t. If someone comes bum rushing me at 80 MPH and nearly sideswipes me off the road, I'm not going to just let them pass on by, right or wrong. I had to slow down anyways, the 91 is notorious at that time, even on weekends. I hit the brakes harder than necessary. They jerked the wheel, they slid, oh well. Karma. It's not as if they flipped over, which they would have thoroughly deserved. They could easily drive back up.


If you want to continue your search, go ahead. You can find all that info on your own. That's part of your job, isn't it?
 
#4,129 ·
You do understand that you can be what is called a "non-contact" party in a collision. What you did, as long as there was a collision as a result, is a hit and run. If there were ANY injuries at all, it's a felony hit and run. I don't know if you're up to speed on things, but felonies aren't exactly something to scoff at. So, uhh, if I were in your shoes I'd be hoping that they only slid off of the road and didn't hit anything.

I've already talked to a couple of officers in the Santa Fe Springs office and they are on board with doing the follow up to ensure that you are charged with whatever is appropriate.

Welcome to 2010, and posting your stupid maneuvers on a public forum. :thumbsup:
 
#4,136 ·
So i have a question im in need of advice on.

The situation took place in Oceanside, CA just north of the 78.

The other night i was pulled over while going to a friends new house for the first time. Mapquest gave me the wrong directions so i turned left instead of right, causing me to eventually turn around and go back through the intersection. Two police cruisers were parked at the corner of the intersection but without pulling anyone over(basically just chillin on the corner).

I was on the phone with my friend while using a hands free bluetooth device in order to figure out where my directions were wrong. I placed my hand on my bluetooth to push it into my ear because it felt loose and i was having trouble hearing the conversation. As i was doing this, the police officer shinned his flashlight into my car while i made a stop at the stop sign. I proceeded down the street, parked my car, removed and put away my bluetooth, removed the keys from the ignition, and began to get out of the car.

As I was exiting the car, both police cruisers approached me and turned on their lights once stopped next to me. I stayed in my car in order to prevent the police from any possible thoughts of running. The officer apporached my car and asked for my documentation which i gave to him and if i've had any prior arrests. He asked why i had turned around and gone back through the intersection and i told him i was trying to find a friends house. As he was about to go look up my information, before he walked away, he asked if i had been drinking or smoking, which i hadn't so i replied no.

He ran my information and returned to the vehicle, asking me to get out. He searched me and administered a field sobriety test(without the breathalizer), which i passed yet the officer insisted that i was lying. He asked if there was anything in the car that he should know about, and i told him that there was some medical marijuana in the trunk as well as all my state documentation of being a legalized medical marijuana patient. While searching my vehicle, the other officer kept asking me questions regarding the price, quantity, and quality. He then proceeded to make remarks criticizing me for using medical marijuana and doubting my ailment. I believe this was wrong because they should not make claims and opinionated statements regarding someone else's medical conditions. He stated that he could take my medicine because "the constitution says he can" and i remained quiet to be respectful, although it is a legal in california and outside of his jurisdiction to take that action. He did not take my medicine and only criticized me for it. Also, on top if this, he had a young civilian woman riding along with him who stood next to him while he made these comments to me, and later proceeded to make jokes with her that were not related to me.

The first officer returned from searching my vehicle, which he left trashed and threw his investigation gloves into my car to dispose of them. He stated that "i was high" although i wasnt and administered a field sobriety test two more times, which i passed both times. While administering the test he made a comment to me which i believe was derogatory.

He was a non-caucasion officer that i would say is of hispanic descent, if i had to guess, but don't want to label him as one race or anthoer to remain neutral.

He commented that me saying that a "white-boy with that type of car should not be in this area." In this case, I believe that the appropriate/non-derogatory comment would have been white male. The common useage of the term white-boy in society, when used by a non-white person is derogatory and therefore i believe that this was a form of racism/harrassment and should never be said by a police officer.

He then cited me for talking on my cell phone, altough I explained the circumstances, because it needs to be completely hands free and told me that i could fight it in court.

I have some questions:

1. Is there any sort of reasonable judgement concerning the use of a bluetooth and cell phones being hands free? i.e. trying to make sure the bluetooth is fully in my ear

2. Do the officers actions concering the use of the word "white-boy" or criticisms of my medical conitions classify as harrassment or violation of conduct? How can i prove this? Can this harrasment excuse the ticket due to bad behavior on the police officer's part?

3. Is the officer allowed to have another person present like the woman in this situation?

Thanks Frobie and I look forwards to hearing back from you. I have to arrange a court date by May and would like to see what i can incorporate into my defense.
 
#4,138 ·
So i have a question im in need of advice on.

The situation took place in Oceanside, CA just north of the 78.

The other night i was pulled over while going to a friends new house for the first time. Mapquest gave me the wrong directions so i turned left instead of right, causing me to eventually turn around and go back through the intersection. Two police cruisers were parked at the corner of the intersection but without pulling anyone over(basically just chillin on the corner).

I was on the phone with my friend while using a hands free bluetooth device in order to figure out where my directions were wrong. I placed my hand on my bluetooth to push it into my ear because it felt loose and i was having trouble hearing the conversation. As i was doing this, the police officer shinned his flashlight into my car while i made a stop at the stop sign. I proceeded down the street, parked my car, removed and put away my bluetooth, removed the keys from the ignition, and began to get out of the car.

As I was exiting the car, both police cruisers approached me and turned on their lights once stopped next to me. I stayed in my car in order to prevent the police from any possible thoughts of running. The officer apporached my car and asked for my documentation which i gave to him and if i've had any prior arrests. He asked why i had turned around and gone back through the intersection and i told him i was trying to find a friends house. As he was about to go look up my information, before he walked away, he asked if i had been drinking or smoking, which i hadn't so i replied no.

He ran my information and returned to the vehicle, asking me to get out. He searched me and administered a field sobriety test(without the breathalizer), which i passed yet the officer insisted that i was lying. He asked if there was anything in the car that he should know about, and i told him that there was some medical marijuana in the trunk as well as all my state documentation of being a legalized medical marijuana patient. While searching my vehicle, the other officer kept asking me questions regarding the price, quantity, and quality. He then proceeded to make remarks criticizing me for using medical marijuana and doubting my ailment. I believe this was wrong because they should not make claims and opinionated statements regarding someone else's medical conditions. He stated that he could take my medicine because "the constitution says he can" and i remained quiet to be respectful, although it is a legal in california and outside of his jurisdiction to take that action. He did not take my medicine and only criticized me for it. Also, on top if this, he had a young civilian woman riding along with him who stood next to him while he made these comments to me, and later proceeded to make jokes with her that were not related to me.

...snipped...
Why, why, why, why did you consent to the police to let them search your car? I don't care if you have nothing to hide, etc. You NEVER EVER let the police search your car. Make them get a warrant, which they cannot get one if you never did anything illegal before the stop. :tsk:
 
#4,145 ·
if an officer pulled me over at night and made me lean against the hood and asked to search the car i would be as difficult about it as i could and then let them search the car and find nothing. haha
 
#4,149 ·
Thanks Frobie & OHCM3 for clearing that up for me. I knew I would have to file a complaint regarding the misconduct, but just wasn't sure if I could use it as leverage in court. I'll just have to see how understanding the judge is concerning the bluetooth.

Is a call phone ticket considered a moving violation or does it categorize as a fine like a seatbelt ticket would? Is it the type of violation that can affect insurance?
 
#4,151 ·
My understanding is it is a 50 dollar fine first time it is committed and if no other infraction/citation was given with cell phone citation. No point on your record so you***8217;re insurance should not be affected.

Not on officer just someone on a similar boat. :) but please correct me if im wrong guys.
 
#4,150 ·
I have a similar question. Making a long story short I answered my cell phone because my new born baby was sick and I thought my wife was calling with an emergency. I was only on the phone for a moment. An officer pulled me over and cited me. I am taking this to court in hopes the judge will understand and dismiss or that maybe the officer doesn***8217;t show up. Is there any leeway in the law for emergencies? Thank you for making this thread and helping us with our questions. :thumbsup: you guys are the bomb.
 
#4,152 ·
To my knowledge it's just a fine, no point. At least it is the first time that you violate it.

The law does allow for phone calls to be made in emergency situations, but only to emergency personnel (Like calling 911 to report something). And trust me, if you say that you were on the phone with 911 I'll check.
 
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