Can an off duty cop do this in CA?

[Kipling13]

I'm in California my friends and I were racing each other when some guy in a regular car pulls up next to me with a walkie talkie (has a badge on it) and starts pointing at it and my license plate. He then goes on to my friends and does it too. Then I pulled off the freeway and that was it.

Can i get a ticket without being pulled over? How can they prove who was driving?

THANK YOU for any advice!!!

 

[racer72]

Can i get a ticket without being pulled over? How can they prove who was driving?

Sure you can get a ticket. All the officer will really have to prove is the vehicle was involved in an illegal activity and per law, the registered owner can be held liable. Example of this would include folks that receive red light tickets from cameras and bank robbers busted when someone got a license plate number. It also doesn't take a police officer either, you will find threads in these forums from folks that have received tickets when the offense was witnessed by ordinary citizens. Being as an alleged police officer witnessed the racing, there is likely a better chance for receiving a ticket.

 

[tranquility]

I completely disagree with racer72. You cannot get a "ticket" in the way being considered. If the person actually was a cop. He could go through a complex procedure and have the DA issue a complaint. The police would have to prove you were guilty, because you were the driver. The red light analogy is inapproprate as that is covered by statute. (And, in California, would require the identification of the driver.)

Worst case is the cop "arrests" you and the DA creates an arrest warrant after the judge decides there is probable cause. You then get served with the complaint or warrant and answer and then move on from there. I wouldn't worry about it until and unless you get served. It would be a big 'ol darn hassle to have things turn bad for you and the cop would have to be profoundly motivated to take things to that level. If he was that motivated, you deserve the problems. But since there is nothing you can do, you might as well wait and see.

 

[panther10758]

You asked this very same question on another site and were given your answer by a CA Police Officer!

http://www.expertlaw.com/forums/showthread.php?t=21639

 

[CdwJava]

Yes, a citation CAN be mailed. What the authority is I couldn't tell you, but it is done, and to my knowledge has not been challenged. Even if it WERE challenged, it would just delay the court date by forcing the DA to issue a summons or a warrant.

The two methods for such a thing woul dbe to "long form" the violation to the DA, or, mail a citation AND send it to the DA. The mailed citation will make it virtually impossible to charge for an FTA, however.

- Carl

 

[cepe10]

I completely disagree with racer72. You cannot get a "ticket" in the way being considered. If the person actually was a cop. He could go through a complex procedure and have the DA issue a complaint. The police would have to prove you were guilty, because you were the driver. The red light analogy is inapproprate as that is covered by statute. (And, in California, would require the identification of the driver.)

Worst case is the cop "arrests" you and the DA creates an arrest warrant after the judge decides there is probable cause. You then get served with the complaint or warrant and answer and then move on from there. I wouldn't worry about it until and unless you get served. It would be a big 'ol darn hassle to have things turn bad for you and the cop would have to be profoundly motivated to take things to that level. If he was that motivated, you deserve the problems. But since there is nothing you can do, you might as well wait and see.

I agree with traquility here - that and without being able to positively ID the drivers the officer is going to have a problem with meeting the prima facie elements...

 

[CdwJava]

I agree with traquility here - that and without being able to positively ID the drivers the officer is going to have a problem with meeting the prima facie elements...

Cal-ID has all the driver's license photos from the DMV on-ine and an officer can check that database for the photo (and others, if he has others from bookings or other licensing photos). If the off-duty officer pulled up next to the driver and saw him, and makes what he believes is a positive ID based on that photo, that may be sufficient for a conviction. It would be up to the defendent to then raise reasonable doubt as to the identification.

- Carl