tailgating ticket in CA

[square1is]

ok so i sped up to make this yellow light. of course i had to tailgate to make it but as soon as i did i stepped on the brakes to keep some distance. then this cop pulls me over and tells me he saw me tailgating this other car for a while and he followed me and saw it. the thing is that i changed lanes soon after i got past the light. im gonna fight this in court because he totally mocked my name. my last name is Dang. he said well mr dang, im going to give you this [u]Dang[u] ticket. and are cops allowed to walk away while your asking question regarding the ticket and the infraction you broke?

[Shay-Pari'e]

Yes, they are. Good luck in that dang court fighting this.

[The Occultist]

I'm sorry Mr. Dang, I've tried looking into every tailgating law I could find, but unfortunately I was unable to find any statute that granted a dismissal based on the mockery of your name.

You may, if you like, issue a complaint against the officer to his precinct, but do note that it will have absolutely no bearing on your guilt in tailgating.

Also, the officer is not a lawyer, he does not have to sit there and answer your legal questions.

[FlyingRon]

Contrary to public assumption, yellow does not mean "hurry up and get through before the light turns red."

[CdwJava]

Originally Posted by square1is

ok so i sped up to make this yellow light. of course i had to tailgate to make it

In other words, you DID commit the violation.

but as soon as i did i stepped on the brakes to keep some distance.

The Vehicle Code does not allow you to violate the law so long as you adjust the unlawful act as soon as possible.

im gonna fight this in court because he totally mocked my name. my last name is Dang. he said well mr dang, im going to give you this [u]Dang[u] ticket.

That's a personnel matter, not a legal defense. if you feel the officer's conduct was rude and unprofessional, speak to his supervisor(s).

and are cops allowed to walk away while your asking question regarding the ticket and the infraction you broke?

Yes. That may not have been proper, but, it may have been perfectly reasonable. Most officers do NOT want to get into a debate with people on the side of the road. He likely was not going to convince you that your tailgating through the intersection was unlawful, so why should he remain in a discussion of, 'Yes you did, no I didn't."

If you feel you can make a valid defense to the charge (i.e. you didn't do it), or, you want to pray the officer fails to show, then schedule a trial at arraignment. Keep in mind that if you eventually take it to trial you may lose the option to take traffic school to keep this off your record.

- Carl