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Old 04-28-2009, 12:19 PM   #3561
theruskian
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I got pulled over sat night by a CHP officer for a "speeding" stop which was really to test for alchi. He didn't pace me and he didn't radar me. I was breathalyzed and then he let me go because I hadn't been drinking. I was under the impression that city streets (quite far from highway) were out of CHP jurisdiction and highways were out of local police jurisdiction. Am i wrong?
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Old 04-29-2009, 02:20 AM   #3562
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I got pulled over sat night by a CHP officer for a "speeding" stop which was really to test for alchi. He didn't pace me and he didn't radar me. I was breathalyzed and then he let me go because I hadn't been drinking. I was under the impression that city streets (quite far from highway) were out of CHP jurisdiction and highways were out of local police jurisdiction. Am i wrong?
I used to think the exact same thing as you. Then i got pulled over by both out of their respected "territories". I was quite wrong needless to say.
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Old 04-29-2009, 02:25 AM   #3563
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Why not put them in OUR shoes?
Because doing what you currently do is what keeps you as the good guy. If you did what you said than that would make you as bad as the absent minded driver.

But seriously, I definitely understand where you are coming from.
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Old 04-29-2009, 12:11 PM   #3564
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Originally Posted by greenxeyezz View Post
Why not put them in OUR shoes?
Quote:
Originally Posted by mkodama View Post
Because doing what you currently do is what keeps you as the good guy. If you did what you said than that would make you as bad as the absent minded driver.

But seriously, I definitely understand where you are coming from.
Miles is right. Do the right thing because it's the right thing to do. You might be able to get away without insurance on your car for several years. But it's not legal to do so.

Trust me, I understand your frustration. The worst thing about it is if you have a top-notch insurance company that fixes things with OEM parts (not used) and what not but get in a collision with someone who has a fly-by-night insurance company. Their insurance company is the one that fixes your car, if they're at fault. It's just wrong, but it's the way it is.
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Old 04-29-2009, 12:12 PM   #3565
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I got pulled over sat night by a CHP officer for a "speeding" stop which was really to test for alchi. He didn't pace me and he didn't radar me. I was breathalyzed and then he let me go because I hadn't been drinking. I was under the impression that city streets (quite far from highway) were out of CHP jurisdiction and highways were out of local police jurisdiction. Am i wrong?
Two quick things.

1) What's the first word in CHP? That's our jurisdiction.

2) What's the definition of Highway?
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Old 05-02-2009, 08:23 PM   #3566
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For Frobie 15.....I got charged doing 102 MPH

Hi Frobie 15,

I have read many of your posts and deeply respect your opinion and profession.

First off...I drive 28,000 miles a year and have a clean driving record with zero accidents in my 20+ years of driving.

Recently, I was driving I-5 at 75 MPH (this is 10 over) and a young women cuts me off.

A few minutes later a plain looking Charger with a male wearing a Ski Cap pulls in behind me. The charger would not pass me and he was riding my ass. The Charger even pulled to my left at times. This went on for 10 miles. I became very nervous and felt kinda threatened by the Charger. I reacted and punched my BMW and small red and blue lights came on from the Charger. It was the State Police.... I pulled over and sure enough the tropper in the umarked car wearing a ski cap tells me that I am doing 102. I tell him that I felt harassed by him and did not know it was only a tropper.

He came back and told me that he will not charge me with reckless, but the 102 MPH ticket will stick.

Is the above considered entrapment??

I felt threatened and provoked by the long pursuit of the Charger up my ass?? It seems to me that the trooper realized this to some degree because he did not charge me with reckless??

Last edited by Optio; 05-02-2009 at 08:25 PM.
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Old 05-02-2009, 09:39 PM   #3567
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A few minutes later a plain looking Charger with a male wearing a Ski Cap pulls in behind me. The charger would not pass me and he was riding my ass. The Charger even pulled to my left at times. This went on for 10 miles. I became very nervous and felt kinda threatened by the Charger. I reacted and punched my BMW and small red and blue lights came on from the Charger. It was the State Police.... I pulled over and sure enough the tropper in the umarked car wearing a ski cap tells me that I am doing 102. I tell him that I felt harassed by him and did not know it was only a tropper.

He came back and told me that he will not charge me with reckless, but the 102 MPH ticket will stick.
I've got a bunch of questions that I need some clarification on.

1 - What color was the Charger?
2 - He was wearing a ski cap? Not some other type of cap?
3 - Where on the I-5 were you? It's a long freeway
4 - You use the term State Police. Did he identify himself as that? Or are you calling him that on your own accord?
5 - Unmarked? How? No markings on the door, or just not black and white?

Quote:
Is the above considered entrapment??
Basically, no. He was in plain sight, not timing you through any type of "speed zone" while sitting on a different roadway.

Quote:
I felt threatened and provoked by the long pursuit of the Charger up my ass?? It seems to me that the trooper realized this to some degree because he did not charge me with reckless??
102 miles per hour alone does not mean reckless driving. And it's just an infraction. There's no reason to feel threatened if someone is following you on the freeway. And if you do feel threatened, call 911 and ask for a separate unit to come to the area.
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Old 05-02-2009, 10:34 PM   #3568
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I've got a bunch of questions that I need some clarification on.

1 - What color was the Charger? grey
2 - He was wearing a ski cap? Not some other type of cap? yup, ski cap
3 - Where on the I-5 were you? It's a long freeway Oregon
4 - You use the term State Police. Did he identify himself as that? Or are you calling him that on your own accord? He identified as Oregon State Police Trooper
5 - Unmarked? How? No markings on the door, or just not black and white? Unmarked as nothing on the exterior to indicate 'police' with regular plates


Basically, no. He was in plain sight, not timing you through any type of "speed zone" while sitting on a different roadway.


102 miles per hour alone does not mean reckless driving. And it's just an infraction. There's no reason to feel threatened if someone is following you on the freeway. And if you do feel threatened, call 911 and ask for a separate unit to come to the area.
My phone was not in reach........and I felt highly pressured to make an escape. The point is.......I would not have ran if the Charger was not up my butt. He would not pass me, I felt like something was going down. Again, I see some strange guy wearing a ski cap who is riding me very close behind for several miles.

Here is the legal definition: WHAT IS ENTRAPMENT?

Entrapment occurs if the conduct of the investigating officers or their agents in dealing with the defendant would "likely" have induced a "normally law-abiding person" to commit the crime with which the defendant was charged.6

Because the existence of entrapment depends solely on the conduct of the investigating officers and their agents, the courts will not take into account the defendant's conduct, character, intent, or criminal history.7 To give meaning to the officers' conduct, however, the courts may consider various surrounding circumstances, such as "transactions preceding the offense, the suspect's response to the inducement of the officer, the gravity of the crime, and the difficulty of detecting instances of its commission."8

Keep in mind that this hypothetical "law abiding" person is not a pillar of the community who would never break the law. Although he is normally law-abiding, he will commit a crime - even a felony - if sufficiently motivated.

Accordingly, the main issue in entrapment cases is whether officers provided such motivation. As the California Supreme Court explained, "What we do care about [in determining whether entrapment occurred] is how much and what manner of persuasion, pressure, and cajoling are brought to bear by law enforcement officials to induce persons to commit crimes."9

Prohibited police actions:

The following actions by officers or their agents constitute entrapment:

PRESSURE: Entrapment occurs if the defendant committed the crime as the result of an officer's threats or other pressure such as badgering, coaxing, cajoling, or importuning.10 For example, in People v. Barraza11 the California Supreme Court ruled the defendant was entitled to a jury instruction on entrapment because there was evidence that the defendant, a recovering heroin addict with a steady job, sold heroin to an undercover police agent only because, (1) the agent telephoned him repeatedly at work; (2) he was afraid he would lose his job if the agent kept calling, so he agreed to meet with her; and (3) during the meeting, which lasted more than an hour, the agent "importuned him relentlessly until his resistance was worn down and overcome."

CREATING AN UNUSUAL MOTIVE: Entrapment also occurs if the conduct of the officers would have generated in the mind of a normally law-abiding person an unusual and compelling motive to commit the crime.12 For example, entrapment may result if an officer persuaded the defendant to commit the crime as an act of friendship or sympathy instead of a desire for personal gain or some other common criminal motive.13

Last edited by Optio; 05-02-2009 at 10:47 PM.
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Old 05-03-2009, 11:44 PM   #3569
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Hey frobie, yesterday me and my friends were on my way back from bimmerfest and we were heading down 101. One of my friends is a diabetic and he needed to get some food or sugar because his blood sugar level was low. I have been his friend for 8 years and I've seen what happens when his level drops severely. Anyways I decided to increase my speed and my speedo was reading more or less 100. I then come over a slight hill and there was a cop behind a bridge and i slammed on my brakes immediately. When i pulled over he said he had gotten me on lidar at 105. He wouldn't even talk to me about the situation. So he ended up writing me a ticket with a code 22348(b) exceeding 100mph. I am 19 years old and i know I'm stupid for speeding. I have a clean record but i doubt that will help. How f'ed am I?
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Old 05-04-2009, 11:25 AM   #3570
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Hey frobie, yesterday me and my friends were on my way back from bimmerfest and we were heading down 101. One of my friends is a diabetic and he needed to get some food or sugar because his blood sugar level was low. I have been his friend for 8 years and I've seen what happens when his level drops severely. Anyways I decided to increase my speed and my speedo was reading more or less 100. I then come over a slight hill and there was a cop behind a bridge and i slammed on my brakes immediately. When i pulled over he said he had gotten me on lidar at 105. He wouldn't even talk to me about the situation. So he ended up writing me a ticket with a code 22348(b) exceeding 100mph. I am 19 years old and i know I'm stupid for speeding. I have a clean record but i doubt that will help. How f'ed am I?
Depending on the court, you're facing as much as a 30 suspension on your license and a pretty hefty $750+ fine. You could try to use the argument that your friend is a diabetic, but it's probably not going to go anywhere. Why did he not have sugar packets in his wallet or a candy bar or something to eat?
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Old 05-04-2009, 11:32 AM   #3571
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My phone was not in reach........and I felt highly pressured to make an escape. The point is.......I would not have ran if the Charger was not up my butt. He would not pass me, I felt like something was going down. Again, I see some strange guy wearing a ski cap who is riding me very close behind for several miles.
Did you try to slow down first? Not from 75mph to 70mph but really slow down -- to like 55mph. That will usually force someone to pass you. And if it's a cop that's waiting to pull you over for some reason that will usually make them pull you over right away. And as long as you move over to the right when you slow down it's not illegal, whereas speeding by a lot is going to get you a ticket.

Quote:
Here is the legal definition: WHAT IS ENTRAPMENT?
Most of the time entrapment applies to something greater than a ticket. Something along the lines of a misdemeanor or felony. But if you think that it's a good reason to have sped (I don't) you can try to fight it in court.

Just keep in mind that if you're driving the speed limit, there's nothing wrong or illegal about another car driving the exact same speed right behind you.
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Old 05-04-2009, 04:07 PM   #3572
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Question, do cops or CHPs in general target events like Bimmerfest to give out tickets because they know there will be a concentration of targeted cars on the road?

That was a rhetorical question, as there were lines of CHPs giving out tickets to Bimmerfesters, all because their car look "flashy". That was pretty low IMHO.

Edit: Oh, and what optio said, there was another incident where the almost exact same thing happened. I was on the left lane at night on the 605S merging into 22E, going with the flow of traffic. All of a sudden, there's this car flew up behind me and stayed on my ass, as I move a bit faster to create a cushion, he sped up and got right back on my ass so I punched it to pass the car on the right so I can get over, as I do so the red light comes on. Guess what the ticket was for? 85 MPH. Pathetic!

I respect law enforcement officers and what they do, but the guy that gave me that ticket for speeding was a pig in every sense of the word.
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Old 05-04-2009, 04:41 PM   #3573
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no. police realize that there are a decent amount of idiots who will NEVER follow the rules when there is a car event like this. and they are usually right. writing tickets just shows they arent playin around.

just my guess.
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Old 05-04-2009, 06:13 PM   #3574
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no. police realize that there are a decent amount of idiots who will NEVER follow the rules when there is a car event like this. and they are usually right. writing tickets just shows they arent playin around.

just my guess.
Correct...we focus on events in which there are likely to be problems and try to nip them in the bud...
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Old 05-04-2009, 07:40 PM   #3575
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Question, do cops or CHPs in general target events like Bimmerfest to give out tickets because they know there will be a concentration of targeted cars on the road?

That was a rhetorical question, as there were lines of CHPs giving out tickets to Bimmerfesters, all because their car look "flashy". That was pretty low IMHO.
Do you really, honestly think that the CHP was writing tickets to people for their cars looking flashy? Really? Or do you think that there's a chance that the drivers were doing something illegal and you noticed because the cars that were stopped were BMW's.


Quote:
Edit: Oh, and what optio said, there was another incident where the almost exact same thing happened. I was on the left lane at night on the 605S merging into 22E, going with the flow of traffic. All of a sudden, there's this car flew up behind me and stayed on my ass, as I move a bit faster to create a cushion, he sped up and got right back on my ass so I punched it to pass the car on the right so I can get over, as I do so the red light comes on. Guess what the ticket was for? 85 MPH. Pathetic!
Were you going 85??? Then the ticket was appropriate. The tactics may be called into question, though. You should have slowed down and pulled over to the right. If an officer comes up behind you and already has their lights on, then speed up to move over.

Quote:
I respect law enforcement officers and what they do, but the guy that gave me that ticket for speeding was a pig in every sense of the word.
He wasn't a pig, he was doing his job. You just have a problem with the fact that you got a ticket.
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Old 05-04-2009, 07:43 PM   #3576
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Yeah, I was going 85 momentarily so I can pull over to the right so the ******* can pass...

His job was to tailgate me at an unsafe distant so he can give me a ticket? Give me a freaking break.

About the bimmerfest caravan, there were a lot of idiots and undoubtedly deserved their tickets.
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Old 05-04-2009, 07:44 PM   #3577
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Yeah, I was going 85 momentarily so I can pull over to the right so the ******* can pass...

His job was to tailgate me at an unsafe distant so he can give me a ticket? Give me a freaking break.
If you have a problem with how he enforced the law, fight the ticket in court. I was debating if I should even address your post. Either change your attitude really quickly, or stop posting in this thread.
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Old 05-04-2009, 07:55 PM   #3578
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What you're doing is admirable, and I have no problems with it, I have cops friends and even though they sometimes have an attitude, they can recognize if something is wrong. My speeding ticket was flat out wrong, from any angles you look at it, even they said that the guy that gave me the ticket probably just got yelled at by the captain.

When passing, I can speed up then safely merge back with the flow of traffics. I contemplated to fight that ticket, but my time is more worthwhile. But, I did fight some subsequent BS tickets and won.

Anyways, so far I had in no ways gave you an attitude, or was being disrespectful towards you personally, you need to calm down and address the issues rather than just go straight into cop mode. If you feel that the officer in my story was right, then by all mean defend him. I had no reasons to add any other artificial flavors to that story as it was more than years ago, but I do remember it because it was an example of not protect and serve.
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Old 05-04-2009, 08:15 PM   #3579
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What you're doing is admirable, and I have no problems with it, I have cops friends and even though they sometimes have an attitude, they can recognize if something is wrong. My speeding ticket was flat out wrong, from any angles you look at it, even they said that the guy that gave me the ticket probably just got yelled at by the captain.

When passing, I can speed up then safely merge back with the flow of traffics. I contemplated to fight that ticket, but my time is more worthwhile. But, I did fight some subsequent BS tickets and won.

Anyways, so far I had in no ways gave you an attitude, or was being disrespectful towards you personally, you need to calm down and address the issues rather than just go straight into cop mode. If you feel that the officer in my story was right, then by all mean defend him. I had no reasons to add any other artificial flavors to that story as it was more than years ago, but I do remember it because it was an example of not protect and serve.
Let me refresh your memory...
Quote:
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I respect law enforcement officers and what they do, but the guy that gave me that ticket for speeding was a pig in every sense of the word.
And that's somehow not disrespectful or giving attitude?
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Old 05-04-2009, 09:42 PM   #3580
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Let me refresh your memory...

And that's somehow not disrespectful or giving attitude?
And how was that directed towards you? You didn't give any tickets out in the same manner right?
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