cvc22108

[ljillc]

What is the name of your state (only U.S. law)? California

On 10/22/08, 8:51 A.M., I was pulling up to a occupied/busy railroad crossing, when a man in a plain white pick-up truck, dressed in a white t-shirt, rolled down his window and leaned over with an angry look and started to say something, I felt harassed and threatened. I immediately reacted verbally, then promptly rolled up my window, (close to election time, I thought he was making rude comments about my bumper stickers). I pulled in front of his pick-up truck after the railroad cross bars lifted,
to proceed on through. I noticed him following me, frightened, I looked over my shoulder, moved to the right lane to approach the on-ramp to get on the freeway. The pick-up truck tail-gaited me flashing his head-lights, unsure what to do, I pulled over in public view. The man in
the pick-up truck approached me on the passenger side of my car. The 'man' then said, "You just said "f***you to the wrong person!" I was cited by him,cvc22108. How can I fight this ticket?

 

[The Occultist]

Are you guilty of the offense?

 

[JIMinCA]

First of all... did the guy ever identify himself as a cop? 22108 says:

22108. Any signal of intention to turn right or left shall be given
continuously during the last 100 feet traveled by the vehicle before
turning.

So... were you turning or were you finding a safe place to pull over for a guy who was obviously trying to get your attention?

The bottom line is... you should go to court. I would bet a nickle this cop won't show up because he won't want to answer questions about his horribly unprofessional behavior. Also, I'd file a complaint with his department. If he is in a civilian vehicle, dressed in civilian clothes... he should have identified himself as a cop immediately. Otherwise, your reaction was perfectly understandable.

 

[Zigner]

What is the name of your state (only U.S. law)? California

On 10/22/08, 8:51 A.M., I was pulling up to a occupied/busy railroad crossing, when a man in a plain white pick-up truck, dressed in a white t-shirt, rolled down his window and leaned over with an angry look and started to say something, I felt harassed and threatened. I immediately reacted verbally, then promptly rolled up my window, (close to election time, I thought he was making rude comments about my bumper stickers). I pulled in front of his pick-up truck after the railroad cross bars lifted,
to proceed on through. I noticed him following me, frightened, I looked over my shoulder, moved to the right lane to approach the on-ramp to get on the freeway. The pick-up truck tail-gaited me flashing his head-lights, unsure what to do, I pulled over in public view. The man in
the pick-up truck approached me on the passenger side of my car. The 'man' then said, "You just said "f***you to the wrong person!" I was cited by him,cvc22108. How can I fight this ticket?

I'm sure the officer's side of things will be substantially different.
Fight the ticket? The state will have evidence that you committed the offense. You will have to provide evidence that you didn't. Your evidence will have to (at least) cast reasonable doubt on their evidence. Honestly, there's not much of a chance of that.

Of course, you could always hope the officer doesn't show up.

 

[CdwJava]

Here is the section for which you were cited:

22108. Any signal of intention to turn right or left shall be given
continuously during the last 100 feet traveled by the vehicle before
turning.​

I'm guessing he's alleging you cut him off ... if so, 22108 might not have been the best section for him to cite as 22107 would have been more appropriate for vehicles proceeding straight.

22107. No person shall turn a vehicle from a direct course or move
right or left upon a roadway until such movement can be made with
reasonable safety and then only after the giving of an appropriate
signal in the manner provided in this chapter in the event any other
vehicle may be affected by the movement​

So, you might prevail by pointing out that you were not turning, you were merging. I'm not sure that the court will buy into that, but they might.

As for the attitude issue, if you feel the officer was unprofessional you have a right to make a complaint to his employeeing agency. I'm also very surprised that an off duty cop has a ticket book in his possession! I can't recall that I have ever intentionally had one on me when off duty. I mean ... why?

- Carl

 

[I_Got_Banned]

First of all... did the guy ever identify himself as a cop? 22108 says:



So... were you turning or were you finding a safe place to pull over for a guy who was obviously trying to get your attention?

The bottom line is... you should go to court. I would bet a nickle this cop won't show up because he won't want to answer questions about his horribly unprofessional behavior. Also, I'd file a complaint with his department. If he is in a civilian vehicle, dressed in civilian clothes... he should have identified himself as a cop immediately. Otherwise, your reaction was perfectly understandable.

Big spender there Jim-bo...

How do you know he didn't identify himself when the OP initially didn't understand what he said and replied with a F U and put the window up?

EDIT: I forgot to say "Welcome back JIMinCA".

 

[JIMinCA]

Big spender there Jim-bo...

How do you know he didn't identify himself when the OP initially didn't understand what he said and replied with a F U and put the window up?

EDIT: I forgot to say "Welcome back JIMinCA".

I don't know. That's why I asked the OP rather than speculating as you appear to be doing.

 

[The Occultist]

I don't know. That's why I asked the OP rather than speculating as you appear to be doing.

That seems to contradict with:

this cop won't show up because he won't want to answer questions about his horribly unprofessional behavior

How is that not speculation?

 

[I_Got_Banned]

How is that not speculation?

Or this...

So... were you turning or were you finding a safe place to pull over for a guy who was obviously trying to get your attention?

Or even THIS...

I would bet a nickle

JIMinCA,

I had assumed (or speculated, to stay on topic) that the sabbatical that you were on, short as it may have been and whether it was self imposed or forced upon you, would have helped you with your attitude... But that was one bit of speculation I do apologize for!!!

Consider this a retraction of my "Welcome back" as well!

 

[JIMinCA]

Or this...

Or even THIS...


JIMinCA,

I had assumed (or speculated, to stay on topic) that the sabbatical that you were on, short as it may have been and whether it was self imposed or forced upon you, would have helped you with your attitude... But that was one bit of speculation I do apologize for!!!

Consider this a retraction of my "Welcome back" as well!

Did you not get enough attention as a child? A quick review of this thread shows that I merely provided an encouraging response to the OP and a request for clarification. You simply came after me like I stole your lunch. You have anger management issues. Maybe you should try yoga.

 

[I_Got_Banned]

Did you not get enough attention as a child? You simply came after me like I stole your lunch. You have anger management issues. Maybe you should try yoga.

You always crack me up with your replies... And only because they seem indicative of problems that you yourself are experiencing... I have no recommendations for you however. In my unprofessional opinion, and sad as it maybe, you are beyond help!!!

A quick review of this thread shows that I merely provided an encouraging response to the OP and a request for clarification.

A quick review of this thread will show that you offered a reply that was full of assumptions, guesses (and even a bet for a nickle ) and yet you turned my simple question into "speculation"!

Moreover, if people come onto this forum to get encouragement then I offer that they are better off talking to a friend or a family member. In my view, people come on here, and whether they admit it or not, to hear it like it is.

Keep it up Jim_bo... It won't be long before you're placed on another restriction... Or should I call it a time out!

 

[JIMinCA]

You always crack me up with your replies... And only because they seem indicative of problems that you yourself are experiencing... I have no recommendations for you however. In my unprofessional opinion, and sad as it maybe, you are beyond help!!!

A quick review of this thread will show that you offered a reply that was full of assumptions, guesses (and even a bet for a nickle ) and yet you turned my simple question into "speculation"!

I did reveiw this thread... and the only assumptions I made were that the OP delivered a reasonably accurate account of the events. I also asked multiple questions for clarification.

If your "unprofessional opinion" is that I am "beyond help"... I'm not sure what you base that on, but it does reassure me that I am doing just fine!!!

 

[I_Got_Banned]

I am doing just fine!!!

And that is one unbiased opinion....