What is the name of your state? California
On the night before Easter I was returning from a natural foods store where I had
purchased some needed nutritional items. On my way back home I chose to drive on one
of the side streets as the main streets had heavy holiday traffic. As I entered the street i
quickly went around a couple of cars and then there was no one in front of me on a street
that was wide, dark and empty. As I was driving one I saw some strange lights on a car
that was behind me and thought that it was fancy lights on a custom car and continued
on my way. When I got to the next intersection I could see that this all black car with
strange lights, like I had never seen before, appeared to be official. I immediately pulled
into a well lit convenience store parking lot, after crossing the intersection, and parked.
A plain clothes officer came over to the car said I was going 65. I didn't argue. I know
what it feels like to be driving that fast and I am sure that I was not going more than 50
in a 45mph zone. The next thing he noticed was the car had expired tags. I explained to him that the car had been recently purchased by my mom and that I was preparing it to pass a smog test. All of the paperwork for the DMV was in the car and a white temporary registration, though recently expired, was taped on the windshield. When he asked me for my license I told him the truth, that I had not been driving for awhile and that I was in the midst of registering the car, and renewing my license.
He then went on to subject me to what seemed to be his way of investigating a crime.
This was not a traffic enforcement officer. First it was up against the car so that he could
search me. Next he had me sit on a parking stop and told me to stretch my legs out and
not to move while he did a warrant check. Not finding anything he began asking me about
some felony drug charges against me. I knew that none of what he was saying was true,
so I didn't answer and he changed the subject. He then looked into my eyes with a light
and had me follow an object with my eyes several times and started accusing me of being
on drugs. He said that my pupils were pinpoint and my eyes were doing something and
told me I was on a "speedball" and he was going to take me in for a blood test. All
through this routine of his I was perfectly relaxed knowing that the only thing that would
be found in me was a cup of coffee I had earlier in the day. Next he asked me to hold out
my wrist so that he could check my pulse. I remained calm while he attempted to
take my pulse three times in a row. He finally comes to his conclusion that my pulse rate
was 120 and that was proof that I was on drugs. I was calm-relaxed and I did not have any type of drug in my system. My normal rate is 60 to 80 at most. I am going on 62, weigh a 135, and I am completely healthy. I have been a vegan, practicing yoga and meditation for the past 40 years. 120? No way! By this time it was obvious that he was trying to do whatever, however, in order to find me guilty of something-anything.
Not satisfied yet he continued on to the car. An Infiniti as clean, inside and out, as a brand new car. All that was inside was a grocery bag full of nutritional items, several CD's, an envelope with all of the paperwork for the car registration in progress, and the empty box for the oxygen sensor i had replaced so that the car would pass the smog test. First thing he did was to open wide all four doors. He then went on to, what appeared to me, thoroughly search the car. There wasn't even any dirt to find and my guess is that when he could not find any reason to arrest me he became so frustrated that he threw my CD's, falling out of their cases, all over the backseat. I'm sure that he did not notice that the
non-dairy ice cream in the bag, an Easter treat for my grandkids, was quickly turning into a milkshake.
He came back to where he had me restrained, under his order not to move, and told me,
for what seemed like the one hundredth time, that he knew that I was on something, that
I couldn't fool him, but he was going to let me walk away anyway. What a relief! I really
Did not want to be taken to the P.D. to have my blood taken on Easter, and then have to
follow that with a messy lawsuit. And he did mean walk away, going on to say that he
was going to have the car towed away. I told him that my 91 y.o. mom owned the car and that she would be very upset. I asked if it could be towed to her house, but he seemed intent on waiting for his tow-truck buddy to take the car many miles away in the opposite direction causing my mom to have a miserable Easter and the bluest of Monday's, starting with getting the royal run around, and then, insult to injury, a $200+ out of the pocket payoff, for the P.D. and tow yard. There has got to be better ways for these people to make their money?
And how did I get home that night? After being detained and harassed for nearly an hour
I just wanted to get home. There was no one around except for 2 clerks at the liquor
store. I called for a cab, and I called again, and again. Almost two hours later the cab arrived and I finally got home, just before midnight, in time for Easter to arrive, without a car, with melted rice dream and minus $50 paid for cab fare.
Now I have no idea of how to relate to all of the above and would appreciate any
information or advice that anyone has to offer.
-------------------------------------------------------------------------------------------------
Enough already! Or so I thought. Two weeks after I was cited for the traffic offense I
received a Notice of Correction and Proof of Service on a Judicial Council of California form
TR-100 in the mail stating that ' violation section(s) should be changed from___to_____'.
Everything is easy to read on the form except what the violation is changed to. It appears
to be something like 3EA11801??? which does not make any sense. Whatever it might be
is not the focus of my question.
I have no idea why it would take the citing officer 2 weeks to notice an error(?) he made
on a traffic ticket? But what I really don't understand is the TR-100 that he used to
inform me of his mistake?
Side 1-Notice of Correction - The citing officer is listed as the Amending Officer at the
beginning of the TR-100 form and at the bottom declares under perjury that the foregoing is true and correct, and signs his name on 'signature of officer' line_______.
Side 2 begins with, "I am at least 18 years of age, NOT A PARTY TO THIS ACTION, and I
am a resident of******************************************.." it goes on to state**************..I served this Notice of
Correction****************************by depositing it****************************.with the U.S. Postal Service****************************
It concludes with the following oath,
"I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct."
this is followed by one line to type or print the name of the party-server______, and
another line for the signature of the party-server_____, who is NOT A PARTY TO THIS ACTION, to declare under perjury that the foregoing is true and correct.
Both of these spaces have the same signature that appears on Side 1 and on the citation
issued. All five locations have been signed by the same officer who, IS A PARTY TO THIS
ACTION, after taking an oath and declaring under penalty of perjury that he, IS NOT A
PARTY TO THIS ACTION.
It appears to me that this headstrong officer was so determined to stick me with
something-anything, that he thought he could do whatever he pleased, and neglected
to pay attention to the fact that he was committing a felony in order to find me guilty of
a traffic infraction. (see Calif. P.C. Section 118(a), Section 119 and Section 126.)
What should I do and how should I do it???
Or is an officer above and beyond the oaths, and the law, that everyone else is bound by???
----------------------------------------------------------------------
When law enforcers break the law in order to secure the conviction of a private citizen
it breeds contempt for the law. Associate Justice Louis Brandeis
-----------------------------------------------------------What is the name of your state?
On the night before Easter I was returning from a natural foods store where I had
purchased some needed nutritional items. On my way back home I chose to drive on one
of the side streets as the main streets had heavy holiday traffic. As I entered the street i
quickly went around a couple of cars and then there was no one in front of me on a street
that was wide, dark and empty. As I was driving one I saw some strange lights on a car
that was behind me and thought that it was fancy lights on a custom car and continued
on my way. When I got to the next intersection I could see that this all black car with
strange lights, like I had never seen before, appeared to be official. I immediately pulled
into a well lit convenience store parking lot, after crossing the intersection, and parked.
A plain clothes officer came over to the car said I was going 65. I didn't argue. I know
what it feels like to be driving that fast and I am sure that I was not going more than 50
in a 45mph zone. The next thing he noticed was the car had expired tags. I explained to him that the car had been recently purchased by my mom and that I was preparing it to pass a smog test. All of the paperwork for the DMV was in the car and a white temporary registration, though recently expired, was taped on the windshield. When he asked me for my license I told him the truth, that I had not been driving for awhile and that I was in the midst of registering the car, and renewing my license.
He then went on to subject me to what seemed to be his way of investigating a crime.
This was not a traffic enforcement officer. First it was up against the car so that he could
search me. Next he had me sit on a parking stop and told me to stretch my legs out and
not to move while he did a warrant check. Not finding anything he began asking me about
some felony drug charges against me. I knew that none of what he was saying was true,
so I didn't answer and he changed the subject. He then looked into my eyes with a light
and had me follow an object with my eyes several times and started accusing me of being
on drugs. He said that my pupils were pinpoint and my eyes were doing something and
told me I was on a "speedball" and he was going to take me in for a blood test. All
through this routine of his I was perfectly relaxed knowing that the only thing that would
be found in me was a cup of coffee I had earlier in the day. Next he asked me to hold out
my wrist so that he could check my pulse. I remained calm while he attempted to
take my pulse three times in a row. He finally comes to his conclusion that my pulse rate
was 120 and that was proof that I was on drugs. I was calm-relaxed and I did not have any type of drug in my system. My normal rate is 60 to 80 at most. I am going on 62, weigh a 135, and I am completely healthy. I have been a vegan, practicing yoga and meditation for the past 40 years. 120? No way! By this time it was obvious that he was trying to do whatever, however, in order to find me guilty of something-anything.
Not satisfied yet he continued on to the car. An Infiniti as clean, inside and out, as a brand new car. All that was inside was a grocery bag full of nutritional items, several CD's, an envelope with all of the paperwork for the car registration in progress, and the empty box for the oxygen sensor i had replaced so that the car would pass the smog test. First thing he did was to open wide all four doors. He then went on to, what appeared to me, thoroughly search the car. There wasn't even any dirt to find and my guess is that when he could not find any reason to arrest me he became so frustrated that he threw my CD's, falling out of their cases, all over the backseat. I'm sure that he did not notice that the
non-dairy ice cream in the bag, an Easter treat for my grandkids, was quickly turning into a milkshake.
He came back to where he had me restrained, under his order not to move, and told me,
for what seemed like the one hundredth time, that he knew that I was on something, that
I couldn't fool him, but he was going to let me walk away anyway. What a relief! I really
Did not want to be taken to the P.D. to have my blood taken on Easter, and then have to
follow that with a messy lawsuit. And he did mean walk away, going on to say that he
was going to have the car towed away. I told him that my 91 y.o. mom owned the car and that she would be very upset. I asked if it could be towed to her house, but he seemed intent on waiting for his tow-truck buddy to take the car many miles away in the opposite direction causing my mom to have a miserable Easter and the bluest of Monday's, starting with getting the royal run around, and then, insult to injury, a $200+ out of the pocket payoff, for the P.D. and tow yard. There has got to be better ways for these people to make their money?
And how did I get home that night? After being detained and harassed for nearly an hour
I just wanted to get home. There was no one around except for 2 clerks at the liquor
store. I called for a cab, and I called again, and again. Almost two hours later the cab arrived and I finally got home, just before midnight, in time for Easter to arrive, without a car, with melted rice dream and minus $50 paid for cab fare.
Now I have no idea of how to relate to all of the above and would appreciate any
information or advice that anyone has to offer.
-------------------------------------------------------------------------------------------------
Enough already! Or so I thought. Two weeks after I was cited for the traffic offense I
received a Notice of Correction and Proof of Service on a Judicial Council of California form
TR-100 in the mail stating that ' violation section(s) should be changed from___to_____'.
Everything is easy to read on the form except what the violation is changed to. It appears
to be something like 3EA11801??? which does not make any sense. Whatever it might be
is not the focus of my question.
I have no idea why it would take the citing officer 2 weeks to notice an error(?) he made
on a traffic ticket? But what I really don't understand is the TR-100 that he used to
inform me of his mistake?
Side 1-Notice of Correction - The citing officer is listed as the Amending Officer at the
beginning of the TR-100 form and at the bottom declares under perjury that the foregoing is true and correct, and signs his name on 'signature of officer' line_______.
Side 2 begins with, "I am at least 18 years of age, NOT A PARTY TO THIS ACTION, and I
am a resident of******************************************.." it goes on to state**************..I served this Notice of
Correction****************************by depositing it****************************.with the U.S. Postal Service****************************
It concludes with the following oath,
"I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct."
this is followed by one line to type or print the name of the party-server______, and
another line for the signature of the party-server_____, who is NOT A PARTY TO THIS ACTION, to declare under perjury that the foregoing is true and correct.
Both of these spaces have the same signature that appears on Side 1 and on the citation
issued. All five locations have been signed by the same officer who, IS A PARTY TO THIS
ACTION, after taking an oath and declaring under penalty of perjury that he, IS NOT A
PARTY TO THIS ACTION.
It appears to me that this headstrong officer was so determined to stick me with
something-anything, that he thought he could do whatever he pleased, and neglected
to pay attention to the fact that he was committing a felony in order to find me guilty of
a traffic infraction. (see Calif. P.C. Section 118(a), Section 119 and Section 126.)
What should I do and how should I do it???
Or is an officer above and beyond the oaths, and the law, that everyone else is bound by???
----------------------------------------------------------------------
When law enforcers break the law in order to secure the conviction of a private citizen
it breeds contempt for the law. Associate Justice Louis Brandeis
-----------------------------------------------------------What is the name of your state?
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