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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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#4,153 · (Edited)
Hi Frobie,

Kudos to you for this thread. I have a question for you... If a person does a "Trial by written declaration", and the judge rules against that person, is it possible to obtain a copy of the officers written declaration afterward (as discovery)? It would be nice to have this information should one decide to move forward with a Trial de Novo. Do you know where this would be requested from? (Clerk of the court?) Just curious, but how often in your experience do people "fight" tickets using this method? I am actually surprised that 98% of people do not do this first rather than just paying an exorbitant fine.

I have heard that officers get "overtime" pay to go to court to defend citations, is this true? How about when an officer has to create a written statement of facts for a "Trial by written declaration"? Does this have to be done on the regular duty time, or would it count as "overtime" if the officer has to stay late to do it? Or does the officer get a call from the judge and do a verbal declaration?

Also, I just received notice in the mail that I won my latest "trial by written declaration" (for "speeding"/driving 50mph on a road with no posted speed limits) and my $213 "fine" will be refunded within 60 days... The thing is, it has taken the court 6 months (well 173 days) to make this ruling after I had to pay the fine and it may be another month or two before I get my money back. I expect 10% interest on my principle for this period of time. Have you heard of the courts paying interest for holding someones money for so long? I don't think this is unresonable as California DCSS will slap you with 10% interest if you are a day late...

Appreciate your insight!
 
#4,157 ·
Not to step on Frobie's toes, but I can jump in on this one...

On a trial by written dec, I don't see what you said and you don't see what I said. This prevents the back and forth you might have in court. For a written dec, both parties write the facts of the case as they remember them, and the judge looks at both and makes a decision. If you want the ability to know the officer's response so that you can answer/argue what he has to say, you need to go to formal court.

In my department, trial by written declaration forms are completed during your normal shift, so no overtime. If you physically go to court, and it isn't your normal shift, you do get overtime. In my department, if you step foot in the courthouse, its 3 hours automatically, even if you leave in 5 minutes.

As for interest, unfortunately that isn't at all possible. If you want to take on the government because you feel wronged and you really want $20 in interest, you're going to be wasting a lot of time and it isn't going to happen.
 
#4,177 ·
We still are. Barely. They cut it down to accepting applications once a year. And there's about 2,000 people who have been through backgrounds and are awaiting an invitation to the academy. That's enough for about three years at the rate that we're putting people through right now.
 
#4,180 ·
Hi frobie

What is the legality of having police lights (red and blue) installed on my car, granted I do not turn them on while driving on public roads? Can I get in trouble for simply having them installed on my car? I'm talking about some low profile or hidden LED module, not a light bar on top of my car or anything. It would be simply for show, when the car is not in motion.

:hi:
 
#4,196 ·
Just wondering are there any car enthusiasts in your Dept.? I know some officers hate modified cars in general & pulls them over for the smallest things but I know there ARE some who are into it. What are there take in modified cars & stuff, do they usually tend to look the other way? I've always wondered since I use to have a neighbor that was a cop but his dad had a Nova running straight pipes lol :)
 
#4,197 ·
There are car enthusiasts in every department, just like in any other job. Even some people that are enthusiasts don't like certain types of cars and will stop them at any chance to give them crap about modifications they've made. I personally don't give people to much hassle about modifications, but I know of plenty of guys that do.

So I guess to answer your question, it all depends.
 
#4,207 ·
It would be part of a search. There has to be other things on your vehicle which would lead them to believe that there are illegal modifications under the hood. To some officers, that can be something as little as modified exhaust.
 
#4,201 ·
Do they need a reason to give you a state referee inspection ticket? can you fight this without doing the inspection? just thinking if you dont consent and they dont want to bother getting a warrant or cant if they can just give you that ticket instead? TIA
My 2 cents: Not sure about Cali law but the general law states probable cause. Why does the LEO want to look under your hood? Does he have probable cause for wanting to take a look? Was your Beemer whistling like a blower was added? An exhaust was added and now he presumes other unlawful mods were done? Without probable cause, no ticket should be issued and can easily be dismissed in court if you state your case properly. BTW, no offense to my female LEO's out there - I say "he" but it's a generic term, like "sir" in the military.
 
#4,202 ·
I don't really feel like getting in a pissing match about the consent issues, but funny story. I pulled over a guy that got his "legal" education from the Jay Z song "99 problems" where Jay Z gets pulled over, and refuses to step out of his car and claims the officer will need a warrant to search locked compartments in the vehicle. While a valiant effort on the driver's part, in this case, it ended a little differently than the song, in fact it ended with pepper spray, jail time, and the car being searched anyway.

Blanket advice like "never consent" coming from a stranger on a BMW forum should be taken with a grain of salt. We're all grown ups, and need to make our own decisions about our own situations depending on the circumstances. Cooperating and consenting WILL often make the difference between a warning and jail time. Someone that is 100% cooperative with me gets a ton of leeway (of course, if I find a body in the trunk, can't help much there)
 
#4,204 ·
Thank you for your opinions, I see where both parties are coming from and aside from a little poking fun :nohomo: i think no harm was ment. i greatly respect and appreciate all LEO they do us a great service and most of the time seem to be underappreciated. this coming from a guy who has had his share of tickets.

My question still stands what RIGHT does the officer have lawfully to search the car or check under the hood? what would be needed to give the "state ref insp." citation? and can this be fought? I'm just looking to know what my rights are. in all honesty i dont think i would ever not allow an officer to search my viechle (i have nothing to fear/hide) but i would like to know my rights are i think voicing to the officer that I AM allowing him to search my car and making it known that i know my rights could be a good thing. In those few cases that you might run into an officer "on a bad day"... well lets jsut leave it at that. Thanks in advance for your responses. :) again you guys are awesome for responding on a thread like this. i think it helps ppl understand that not all cops are "bad"
 
#4,205 ·
Once again, as I stated in my previous post - probable cause is the key. If I pull you over for failure to properly display your license plate (no front plate - in the window, for example), I have no real cause to search your vehicle (although I could). Now, if I were to approach you and upon asking for your vehicle documentation and identification, I smell marijuana coming from your vehicle or I see an open alcohol container, I now have probable cause for searching your vehicle. I believe this case is valid nationwide.
 
#4,208 ·
I don't really wanna read through all these posts, but I got a speeding ticket for going 80 in a 65 zone in the fast lane. It was the flow of traffic etc. This is my first offense. My question is does anyone have any idea how much I am looking at here and do I have to show up at the court on the ticket? Or can I go to a court closer to home. The court address on the ticket is about 2 hrs from my house.

thanks so much to anyone who can answer.
 
#4,210 ·
You would have to check with the court to find out the exact amount of the fine.

The ticket has to be taken care of in the County that the violation occurred in. So if you got the ticket in Orange County it has to be taken care of in Orange County, but you might be able to change the venue to a courthouse closer to your home.

You should be able to take care of the fine either through the mail, over the phone, or online. You don't HAVE to go to court, that's only if you chose to fight the ticket.
 
#4,213 · (Edited)
There's a difference between a house and a car. One you have a right to privacy. The other you don't. A warrant is required to search a house, not so with a car.
With a car you do not have a reasonable expectation of privacy for areas you can see through the windows also called a plain view search. That is the differece with a house and a car. However to open things up to search other areas of the car the Officer NEEDS probable cause, if he does not have it he does not search it unless you give him permission.

Searches can be complicated and there are many types. So it is extremely complicated to really get all the information you guys need about these. To really understand them you really should read case law and possibly sit down with a willing Officer. I have mad respect for all Law Enforcement that do what they can the right way. There job is by far one of the toughest around, if you do not think so do some do some ride alongs and see what they see on a daily basis.
 
#4,215 ·
Thanks for answering all these questions - this is great.

I don't speed on the freeways (cruise control on at 70, sometimes, but usually 65), don't weave, don't overtake aggressively, tailgate, or change lanes late, I indicate, I move over when some jackass in a Prius (or other) pulls up behind me doing 90. I tend to ease off the gas in advance of a slowdown or reduced speed limit, rather than hit the brakes late. I'm very cautious in the city, because I'm a pedestrian and/or a cyclist 5 days a week, and generally a nice guy. I don't have any mods, tints, carbon fiber, radar jammers/detectors, bumper stickers, fake 11-99 plates, etc etc. In short, I drive like my mom.

So, my question is - is there anything dumb I might be doing without realizing that would get me pulled over or ticketed? What do you hear "I'm sorry officer, I had no idea that was illegal" in relation to most often?
 
#4,227 ·
I doubt it. Most of the laws that people tend to unknowingly break are from not paying attention to local speed limits, etc. As long as you pay attention and don't have illegal modifications on your car, you should be fine!
 
#4,216 ·
The honesty displayed by the OP is refreshing. This thread has confirmed many ideas I had, and I've learned a few things. Most gripes we have should be with the people who place the laws and not those who enforce them.

Is there a quota to meet? The answer is simply yes.While they can't say "yes there is one," the Op also confirmed that he simply can't just ride out and not write a ticket. That pretty much is a tongue-in-cheek admittance of a quota.
 
#4,217 ·
The term "quota" is misleading and seems to indicate a specific minimum that would result in negative repercussions if it is not achieved. Like with any job, if you don't show that you are doing something during your shift, then the powers that be will wonder what you did all shift. Conversely, if you write no tickets because you were busy with report calls or other calls for service, you are totally covered.
 
#4,220 ·
Again, there is no set number. Just think if an officer or deputy is out working an 8, 10 or 12 hour shift, and they don't respond to any calls for service and they don't take any traffic collision reports. If that is the case, they should be able to write several (probably 10 or more I would guess). If they have calls for service and are taking reports throughout the day, something between 0-5 citations would probably make more sense. Some of the hardcore cite writers will do 20-25 in a day, but it's not like they get any pay bonus or promotion opportunity, or raffle tickets for a TV or microwave because of that. Lots of variables.
 
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