Is this even legal?

[LSCAP]

I have to say this.

You got burned for being rude and obnoxious.

Had you politely asked if he was an officer, then apologized you would not be having this problem.

I suggest you get a lawyer. Most Judges also drive and, Judges HATE ‘rude and obnoxious’ drivers.

The “weaving” part is what will hang you

Get a lawyer. He MIGHT be able to reduce the charges. Which might help keep your insurance down.

 

[tranquility]

The question then becomes whether or not the citation is an arrest in the OP's state, or merely a notice to appear in court or some similar charging document.

Huh? Can you expand on this with an example?

Agencies in CA frequently issue citations for violations that occur as a result of a traffic collision AFTER the incident, as they are issued via mail by an officer certified under state law to write a citation for the PCF in a collision.

Yes. As I wrote:

For a misdemeanor, the answer is no he cannot. (Absent any special powers given by statute for the specific factual scenario.)

Let's use your example. I assume you are speaking of the case where a traffic collision investigator can cite for a misdemeanor/infraction not committed in his presence. Right? We know there was no collision here and have no facts indicating the officer's special knowledge or investigation so that particular exception in CA vehicle code would not apply.

Do you know of any CA or Utah statute which would give right to cite in a situation related to our facts?

 

[CdwJava]

Huh? Can you expand on this with an example?

If the document is simply an instrument to advise the individual of a court appearance, then it may not constitute an arrest. An arrest for a misdemeanor not committed in the officer's presence is not generally permitted for traffic offenses, but a summons or citation can be. However, this would - of course - be dependent upon state law.

Let's use your example. I assume you are speaking of the case where a traffic collision investigator can cite for a misdemeanor/infraction not committed in his presence. Right? We know there was no collision here and have no facts indicating the officer's special knowledge or investigation so that particular exception in CA vehicle code would not apply.

But, it is similar in nature.

The officer - at the time of the offense - had no specific identifying information for the suspect and apparently did not wish to make an arrest at the scene. After further investigation (i.e. after he returned to work and ran the license plate) he discovered the identity of the driver and subsequently issued the citation - the notice to appear in court.

Do you know of any CA or Utah statute which would give right to cite in a situation related to our facts?

There is no statute in CA that I am aware of that prevents it. I don't know about Utah. Since it is not an unknown practice in CA I can only assume there is no law preventing it.

Was this the best way for the officer to go about it? Probably not. Is it lawful? Probably.

- Carl

 

[caseye]

as for the estimated speed, he wrote: 45(est) in a 35.

 

[caseye]

As for the rude and obnoxious...what was I do do? He never identified himself as an officer. He just stopped in his civilian vehicle in the middle of the street and started yelling at me. As far as I knew, he was a 'road rager,' so I left. I didn't have a conversation with him, the entire time I was just trying to leave.

 

[The Occultist]

As for the rude and obnoxious...what was I do do? He never identified himself as an officer. He just stopped in his civilian vehicle in the middle of the street and started yelling at me. As far as I knew, he was a 'road rager,' so I left. I didn't have a conversation with him, the entire time I was just trying to leave.

Not legal advice, but...how about just being polite to people in general?

 

[tranquility]

Quote:
Do you know of any CA or Utah statute which would give right to cite in a situation related to our facts?

There is no statute in CA that I am aware of that prevents it. I don't know about Utah. Since it is not an unknown practice in CA I can only assume there is no law preventing it.

Was this the best way for the officer to go about it? Probably not. Is it lawful? Probably.

It is not lawful in the state of California under the doctorine of stale misdemeanor. Nor is it lawful in Utah under the same doctorine. In fact, case law in CA regarding this quote from a Utah decision. (If it is an arrest, which is what I believe was made in giving the citation for speeding.)

 

[CdwJava]

It is not lawful in the state of California under the doctorine of stale misdemeanor. Nor is it lawful in Utah under the same doctorine. In fact, case law in CA regarding this quote from a Utah decision. (If it is an arrest, which is what I believe was made in giving the citation for speeding.)

Again, IF it is an arrest. If it is a notice akin to a summons, then it is not bad "arrest" as no arrest took place.

Once again, these citations are issued by mail even in CA ... infrequently, I admit, but they do occur. Usually in conjunction with a filing to the DA. At no time has any DA or court ever informed any agency I have worked with that this is either improper or unlawful. I have never heard of such a notice being issued in person "after the fact", but I would think the same concept would follow.

- Carl

 

[tranquility]

From the OP:

Two days later, there is a knock on my door, it is the man, in a police uniform. He asks me for my license and registration, and writes me a ticket for speeding, and 'lane weaving'. Is he able to cite me for something that occured while he was off duty, and two days ago?

The answer is no.

 

[CdwJava]

I suppose he'll find out at court. He may well still have to answer the charge one way or the other. I'd recommend he consult an attorney.

- Carl

 

[caseye]

Well, I appreciate all of the advice, but now I'm starting to feel like I'm in over my head. So I think I'll get a lawyer.

Again thanks for all of the advice

 

[caseye]

and I am nice to everyone. But if you start a conversation with me yelling, I'm a little less inclined to be your best friend.