probable cause in California, cop tailgating with brights

[DGMaki]

I was taken in last night. I do not know what might be made up on the report latter but the cop said his reason for pulling me over was for to closely riding the shoulder. Which was an action taken because he was tail gating me with his brights on, making me assume he needed to get by. So would i be able to argue cause, I had two witnesses to this in the car.

 

[Just Blue]

I was taken in last night. I do not know what might be made up on the report latter but the cop said his reason for pulling me over was for to closely riding the shoulder. Which was an action taken because he was tail gating me with his brights on, making me assume he needed to get by. So would i be able to argue cause, I had two witnesses to this in the car.

Were you LEGALLY drunk? Were your witnesses drinking?

 

[DGMaki]

ya

I was legally drunk 0.12 witnesses had been drinking

 

[Zigner]

Well, that's a pretty darn important thing to have omitted

You need an attorney.

 

[DGMaki]

Ok

omitted? I figured that would be assumed in the context of the situation.

oops

 

[Just Blue]

omitted? I figured that would be assumed in the context of the situation.

oops

.12 is much more that the limit. You should consult with your attorney regarding your drunk driving case.

 

[CdwJava]

I was taken in last night. I do not know what might be made up on the report latter but the cop said his reason for pulling me over was for to closely riding the shoulder. Which was an action taken because he was tail gating me with his brights on, making me assume he needed to get by. So would i be able to argue cause, I had two witnesses to this in the car.

You can always try to make whatever claim you want. The problem might be relating it to the jury. Your attorney is not likely to want you taking the stand because you would then be subject to cross examination where the DA will get you to admit you had been drinking and were impaired (and by law, at .12 you ARE impaired).

When you talk to your attorney, if your tale doesn't thrill him, you may want to ask him if there's a chance to plead to a wet reckless.

 

[Willlyjo]

You can always try to make whatever claim you want. The problem might be relating it to the jury. Your attorney is not likely to want you taking the stand because you would then be subject to cross examination where the DA will get you to admit you had been drinking and were impaired (and by law, at .12 you ARE impaired).

When you talk to your attorney, if your tale doesn't thrill him, you may want to ask him if there's a chance to plead to a wet reckless.

Sorry Cdw, but at .12, I don't think the OP will successfully plead a "wet reckless". Maybe if he were .08 he'd have a chance.

 

[xylene]

Why do you have to be guilty OP?

It is hard (impossible) to excuse your high BAC.

That said, I have had police use this exact routine (aggressive tailgating with high beams) on me on multiple occasions while driving at night.

Police and police apologists - Please don't tell me it isn't unofficial standard operating procedure to essentially run people off the road in search of a late night bust. I've experienced it and I live in a state that still has a modicum of police accountability. (NY)

 

[justalayman]

heck X, I see cops tailgating people with regularity for long long distances. Why I haven't a clue but when they don't pull them over for several miles, at least, it appears to be more to cause them to screw up than they had caught them screwing up.

In defense though, somebody that is drunk sees things differently than a sober person. We also do not know why the cop first started observing the op. Maybe they had already believed the operator to be DUI and was simply following while making a radio call for the plate.

 

[OHRoadwarrior]

I was taken in last night. I do not know what might be made up on the report latter but the cop said his reason for pulling me over was for to closely riding the shoulder. Which was an action taken because he was tail gating me with his brights on, making me assume he needed to get by. So would i be able to argue cause, I had two witnesses to this in the car.

Better rethink your story to one having more credibility. Riding the shoulder, due to brights of the vehicle behind you, would put their left headlight directly into your side mirror and hence your face.

 

[CdwJava]

Sorry Cdw, but at .12, I don't think the OP will successfully plead a "wet reckless". Maybe if he were .08 he'd have a chance.

Maybe not, but some DAs offices are pleading misdemeanors that they would not have three years ago ... budget cuts.

 

[CdwJava]

That said, I have had police use this exact routine (aggressive tailgating with high beams) on me on multiple occasions while driving at night.

Police and police apologists - Please don't tell me it isn't unofficial standard operating procedure to essentially run people off the road in search of a late night bust. I've experienced it and I live in a state that still has a modicum of police accountability. (NY)

It is neither official nor unofficial policy anywhere I know of. I cannot speak to what some officer somewhere might do, but it's not taught anywhere I know of and not institutionally practiced anywhere I am aware of.

And, as mentioned, when someone is impaired their sense of judgement (including depth perception) can be off ... and at .12, you can bet the OP's was.

Oh, and as a note, I might get up close the vehicle just prior to pulling it over because I want to read the license plate correctly. Not all of them are legible at even 50'.

 

[xylene]

heck X, I see cops tailgating people with regularity for long long distances. Why I haven't a clue but when they don't pull them over for several miles, at least, it appears to be more to cause them to screw up than they had caught them screwing up.

In defense though, somebody that is drunk sees things differently than a sober person. We also do not know why the cop first started observing the op. Maybe they had already believed the operator to be DUI and was simply following while making a radio call for the plate.

I was sober.

Last I checked riding someones bumper with brights on, in a no-passing zone on a 2 lane road no less, is illegal and totally unsafe.
It is also apparently the new normal for the police after 1 am.

 

[justalayman]

I was sober.

Last I checked riding someones bumper with brights on, in a no-passing zone on a 2 lane road no less, is illegal and totally unsafe.
It is also apparently the new normal for the police after 1 am.

I wasn't speaking of you. I was referring to the OP.


I understand your situation and absolutely do not agree with it happening though. I do have to say that if you have not learned how to drive while some idiot is behind you with their brights on, you need to learn. Hell, I could have a guy with a circus spotlight behind me and it not bother me. In fact, it becomes a game to try to flash it back at them with my side view mirror. Those remote control mirrors are great for that, but in reality, you just move your mirrors so you aren't blinded and keep driving safely and normally. Somebody tailgaiting? how slow can you go? No need to jamb on the brakes (besides being illegal). I just slow down to allow them to pass if they want. If they don't, then we just keep on cruising until I find a place to turn off.

When I was a kid, things would be different but since I'm an old fart now, I just take things in stride.



Given the OP's .12, his observation could be a bit inaccurate. OP never stated how far they were followed like that either. A cop often flips their brights on to be able to observe inside the vehicle, especially immediately before pulling a person over.