Pulled Over By A Police Officer On The Freeway??not Chp

[CORRADOG60SPEED]

What is the name of your state?DRIVING DOWN THE FREEWAY IN SOUTHERN CALIFORNIA ON MY MOTORCYCLE. I WAS PULLED OVER AND TICKETED BY A POLICE OFFICER FOR SPEEDING. IS THIS LEGAL I THOUGHT ONLY HIGHWAY PATROL COULD PULL YOU OVER FOR A INFRACTION ON THE FREEWAY. PLEASE LET ME KNOW WHAT YOU THINK.

[I AM ALWAYS LIABLE]

Originally Posted by CORRADOG60SPEED

What is the name of your state?DRIVING DOWN THE FREEWAY IN SOUTHERN CALIFORNIA ON MY MOTORCYCLE. I WAS PULLED OVER AND TICKETED BY A POLICE OFFICER FOR SPEEDING. IS THIS LEGAL I THOUGHT ONLY HIGHWAY PATROL COULD PULL YOU OVER FOR A INFRACTION ON THE FREEWAY. PLEASE LET ME KNOW WHAT YOU THINK.

My response:

You thought wrong.

IAAL

[CdwJava]

Originally Posted by CORRADOG60SPEED

What is the name of your state?DRIVING DOWN THE FREEWAY IN SOUTHERN CALIFORNIA ON MY MOTORCYCLE. I WAS PULLED OVER AND TICKETED BY A POLICE OFFICER FOR SPEEDING. IS THIS LEGAL I THOUGHT ONLY HIGHWAY PATROL COULD PULL YOU OVER FOR A INFRACTION ON THE FREEWAY. PLEASE LET ME KNOW WHAT YOU THINK.

I was once driving north on I-5 from San Diego in marked unit ... some guy in a Camaro blew past me doing almost 100 MPH ... I caught up with him and paced him doing 105 ... I tried to light him up and he kept pulling to the right waving me to go past him and barely slowing ... finally, after several miles, he yielded.

On contact the first words out of his mouth were, "You can't pull me over on the freeway - you're not the CHP, you have no jurisdiction here."

My response: "Then I guess you'll win when you take it to court. License and registration, please." (this was before we could ask for insurance)

He never took it to court.

In California peace officers are granted broad powers throughout the state. You thought wrong. Take traffic school.

- Carl

Plead not guilty and fight it.

Odds are the officer will not show up for the trial. You win.

Also look at Fight Your Ticket, by David Brown, at the library.

NACOL

[Curt581]

Originally Posted by NotACopOrLawyer

Plead not guilty and fight it.

Odds are the officer will not show up for the trial. You win.

Unless the officer does happen to show up for trial. Then you're screwed.

You'll be wishing you took the deal during your initial appearance.

Odds are, you won't be offered as good a deal on Trial Day.

NACOL, I don't know how you're figuring your "odds". Just about every agency I know has pretty strict regulations on answering subpoenas. Most will deal out severe discipline to any officer failing to appear.

I haven't missed a single one yet.

Curt wishes to discourage you from fighting your ticket, and it is natural for a police officer to want to do that.

While I don't know Curt and can't dispute his claim of a personal 100% attendance record, I too am in the So Cal courts every week and can certainly say that his 100% is way different than the 40% attendance that I've observed.

Curt also says that if you go to trial you won't be able to get traffic school. Baloney. I've watched thousands of trials, and even the worst hanging judges will always give school to people who ask for it before they begin to argue their case. And many judges will still give school AFTER you have argued your case and been found guilty. Judges are not allowed to have a "blanket" policy of no school after trial. That is because of P. vs. Wozniak, which you can look up at Findlaw.com or view directly at [url]http://www.highwayrobbery.net/redlightcamsLawTrafficSchool.html[/url]

So, Corrado, you have been presented with two radically different versions of what happens. Everyone has their own ways of determining the truth, but if you're not sure, I have a suggestion.

Call the court and ask them what day of the week, what time, and what courtroom your ticket would be assigned to if you pled not guilty and asked for a trial (not an arraignment). Most likely, that courtroom will have trials on that day of week (and time) EVERY WEEK. Then go down there a few weeks ahead of time on that same day of the week, same time, same courtroom, and watch the judge handle other trials. You will see a bunch of tickets being dismissed at the beginning of the session. Those will be because the officer did not show up. You will also see a bunch of people asking for traffic school before their case is called, and you will see that 100% get it. You may also see some people ask for traffic school after they've been tried and found guilty. The judge will probably give school to all of them who ask for it. But if he denies it to most or all of those who have been found guilty, then you should probably avoid him. If, once you plead not gulty, your case is scheduled to his courtroom, do a Peremptory Challenge to knock him off your case. See Fight Your Ticket, or highwayrobbery.net (look for Challenges in the site index) for details on PC.

Good luck.

NACOL

[CdwJava]

If I may suggest, NACOL, perhaps you should attend more court proceedings than the ones in your county.

In my case, I have never missed a subpoeaned traffic court hearing without cause ... and all told, I think I have missed three in my career - one due to a serious injury collision occuring one block west of me while enroute, and the other two due to superior court conflicts.

Having worked in three seperate counties in CA (one - my current one - small, and two large ones) I can say that your observations of 40% attendance are far from the norm for the rest of the state. Not having worked in LA County, that might be okay there ... in most other counties it would not be acceptable, the courts would not put up with it, the agencies would not put up with it, and officers would face discipline.

I do agree that the OP should attend traffic court before his proceeding to see the procedure. But I have been told by defense attorneys that many of the little tricks brought up in these books can do more harm than good if used incorrectly so I caution anyone to use them with reservation. A little knowledge of the law can be just enough to cause more harm than good.

- Carl

CDW attempts to discourage you from reading "these books," and it is natural for a police officer to try to do do.

A lot of the books ARE garbage, but Fight Your Ticket (the one I recommend) is not. In a previous thread, about a month ago, CDW said he had not read Fight Your Ticket. So it is unfair for him to disparage it. He can get a copy at the library, next to his police station.

NACOL

[CdwJava]

Originally Posted by NotACopOrLawyer

CDW attempts to discourage you from reading "these books," and it is natural for a police officer to try to do do.

Gee, you sure seem to know what is "natural" for me - or any police officer - to do ... but you aren't one, so how would you know?

Frankly, I don't CARE if anyone reads those books. What I DO see is people trying to use things from these books and jamming themselves up in court. I get a good laugh, and the judges get miffed, but it's no skin off my nose.

I have no idea if they work, and I really don't care. I get paid if I show up whether I won or lose.

A lot of the books ARE garbage, but Fight Your Ticket (the one I recommend) is not. In a previous thread, about a month ago, CDW said he had not read Fight Your Ticket. So it is unfair for him to disparage it. He can get a copy at the library, next to his police station.

Thanks, but my library doesn't have it, AND I have no interest in reading it as I have no traffic tickets to fight. I have a lot of other reading that takes precedence at this time.

And I am not disparaging the book, I simply relate what attorneys have told me about this and similar books. I fear too many people read only those things they want to read and heed only part of the advice provided. It may be the greatest legal tome ever written. It may also be a load of cow plop.

But, I encourage everyone to patronize their local library at every opportunity - so go out and rent the book!



- Carl

[You Are Guilty]

But Carl, clearly the "secret" to getting "off" of traffic tickets is so simple and easy enough to be contained in some ****amamie book which everyone can read! Otherwise, why would there be thousands and thousands of lawyers who specialize in nothing but traffic law and support themselves quite well that way.


Oh wait.

Fake latin phrase: "illegitimati non carborundum" = Don't let the bas****s grind you down.

New variaton, inspired by two previous posts: "illiterati non carborundum" (Is translation necessary?)

If it wasn't such a good book, I don't think those guys would be expending so much energy trying to keep you from reading it. By the way, I'm not the author nor do I have any financial interest in the publishing company.

NACOL

[Shay-Pari'e]

Originally Posted by You Are Guilty

But Carl, clearly the "secret" to getting "off" of traffic tickets is so simple and easy enough to be contained in some ****amamie book which everyone can read! Otherwise, why would there be thousands and thousands of lawyers who specialize in nothing but traffic law and support themselves quite well that way.


Oh wait.

I recently heard of a book that stated husbands can get rid of the wifes PMS by bringing them home milk. I hope it hits the market soon.

[Curt581]

Originally Posted by NotACopOrLawyer

Curt wishes to discourage you from fighting your ticket, and it is natural for a police officer to want to do that.

I do no such thing. In fact, I encourage the people I cite to go to court, rather than simply mailing in a check. In our intake court, they make pretty decent disposition offers.

While I don't know Curt and can't dispute his claim of a personal 100% attendance record, I too am in the So Cal courts every week and can certainly say that his 100% is way different than the 40% attendance that I've observed.

Nope, you don't know me. And I'm not in California.

I took you to task for it because your advise is a straight-up reckless gamble. Taking any case to trial without having a well-reasoned, preplanned defense, is foolish.

If the officer does show up, which is highly likely, you're going to be left standing there saying, "Uh, uh, umm, now what do I say?", and the court is gonna hammer you for wasting it's time scheduling a trial.

Curt also says that if you go to trial you won't be able to get traffic school. Baloney

Now it's MY turn to call Baloney!

NACOL, go back and read my response. No where in it did I say anything about Traffic School.

When you've reread it, I expect an apology.

[CdwJava]

Originally Posted by NotACopOrLawyer

Fake latin phrase: "illegitimati non carborundum" = Don't let the bas****s grind you down.

New variaton, inspired by two previous posts: "illiterati non carborundum" (Is translation necessary?)

If it wasn't such a good book, I don't think those guys would be expending so much energy trying to keep you from reading it. By the way, I'm not the author nor do I have any financial interest in the publishing company.

And precisely WHERE have I said nobody should get it?

I do get a good laugh when people play lawyer when they aren't. Often, however, playing lawyer has tragic consequences for the defendant.

But, by all means get the book.

Oh, and I love the 'faux latin'. But let's try this real one with regards to any legal self-help book: caveat emptor

- Carl