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View Full Version : I hate the CHP.......



ngtcrawler97
09-04-2006, 10:02 AM
Every encounter I've ever had has always been an unpleasant one. Just got a ticket this morning :tickedoff: I tell you how it all went down. I was driving 55 N doing about 70-80 mph like everyone else in the freeway. I'm on the left lane next to the carpool and there is a car on every lane next to me on my right, including a minivan in front of me about 4-6 car lengths. Every single car is doing the same speed. I've become a very aware driver so I notice this bike cop on the side of the freeway pointing his laser @ the group about 1/2 -1 mile down the road. So I just kept driving normal. But I had a weird feeling and the next thing I see after I drove 1 mile down its the bike cutting around the group I was driving & lighting me up. Keep in mind that I have my 2 yr old son in the back seat & I never speed or drive like an a**hole when I have him with me. Don't get me wrong I do speed like everyone else does but not this time. The cop walks up to the car & looks like he's been having a bad day and asked me for my DL. The second question is what year is the EVO. So right then I'm like ( he just pulled me over because of the type f car I drive) He comes back and I asked him very politely. Why he pulled me over & he tells me I was speeding and that the flow of traffic doesn't matter and have a good day. I'm so upset because I bet anything that if I would have been driving my truck this wouldn't have happen. I just needed to vent out to someone. Thanks for reading guys. Any suggestions on how to go about fighting the ticket. O0

j_nizzle
09-04-2006, 10:03 AM
TBD!!!!!

smokinevo9
09-04-2006, 10:05 AM
damn punk a__ chp's

gen4k20a2
09-04-2006, 10:23 AM
Sounds like you were in a sports car and would be a frequent speeder so he pulled you over. I remember in traffics school they beat in to us that just cause the traffic is going 80 doesnt mean its legal.

Sr20kidD
09-04-2006, 10:43 AM
you can fight it. specially since the radar guns arent accurate. You said there was a car everywhere around you. fight it, the gun wasnt pointed directly at you.

kimletrim
09-04-2006, 10:45 AM
So he didn't ask for your registration? Â*that would have obviated the need to ask you what year the Evo was. Â*Don't sweat it, its just bad luck....that's all there really is to it.

thisxguy
09-04-2006, 10:52 AM
i hate chp also. go fight it...i doubt that the gun was pointed directly at you. state that you were driving a safe and constant speed as traffic allowed, and that you were driving the same exact speed as everyone else

Evo8supercar
09-04-2006, 11:03 AM
You need to get Valentine Detector, you can save many many tickets like that.

Last year got 3 speeding tickets because had my VALENTINE on my other car every time and I went to traffic school on all of them x3 yes.

Now If I am planning to drive my Evo, that means going to speed, I make sure that have my VALENTINE ONE with me. Works 100% plenty of warning.

Did you say He tell you he clock you with a laser? If yes that's no through LASER must be stationery no in motion. Only RADAR is on the go.

unit_121
09-04-2006, 11:09 AM
I feel your pain, I got harrased by two cops a month ago for just driving down the street

thisxguy
09-04-2006, 11:17 AM
You need to get Valentine Detector, you can save many many tickets like that.

Last year got 3 speeding tickets because had my VALENTINE on my other car every time and I went to traffic school on all of them x3 yes.

Now If I am planning to drive my Evo, that means going to speed, I make sure that have my VALENTINE ONE with me. Works 100% plenty of warning.

Did you say He tell you he clock you with a laser? If yes that's no through LASER must be stationery no in motion. Only RADAR is on the go.


he saw the cop 1/2 - 1 mile ahead.

Evo8supercar
09-04-2006, 11:29 AM
My advice to all EVO driver's, when you see THE :police: go 1 mile below the speeding limit change line If you are on the left fast lane, shows sumbition to them. They like that, make them feel superior.

speedracer2169
09-04-2006, 11:41 AM
whats the cvc? and how fast did he write you up for? did he write down a radar serial number?

This is another variation of our Maximum Speed Law defense. In cases like these, where violation of the letter of the law is not in dispute, we bring up other laws that might mitigate or nullify the citation in question. In this case, we use the Basic Speed Law in attempting to nullify the Maximum Speed Law charge.

Here we try to justify our speed above 65 MPH by noting specific circumstances and laws that made this speed momentarily necessary and legal. We contest that we should not be cited for breaking one law in order to obey another.

The maximum speed law, CVC 22349(a), is very simple. It states that it is illegal to travel above 65mph on any California highway (with the exception of highways posted at 70mph). So technically, if you drive at 66mph you are just as guilty as if you drive 100mph. However, you are also bound by a host of other laws such as the the basic speed law, CVC 22350, when you drive on any highway.

This basic speed law states that you must always drive a safe speed for conditions. These conditions include: weather, visibility, traffic, and the surface and width of the highway. If these safe conditions permit us to drive slightly above the posted maximum, we argue here that it was not illegal to do so. If this seems like a tenuous argument, it is. But CVC 22351 Speed Law Violations, supports it:"The speed of any vehicle upon a highway in excess of the prima facie speed limits...or established as authorized in this code (includes the 65mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing."

Since our speed here was just a few miles above the posted limit, we use CVC 22351 to justify that our traveling above the 65mph limit was not, in itself, unlawful.

speedracer2169
09-04-2006, 11:41 AM
this tbd might help

STATEMENT OF FACTS

Defendant's Name: Brendan Behan
Case No.: S780824

I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22349(a).

The facts of my case are as follows: While driving northbound on I-5 at 1045 on 11-10-96, I was stopped by SDPD Officer Carnitas (I.D.#12345) and was charged with violating CVC 22349(a). Though Officer Carnitas has alleged that I was driving 75mph in a 65mph zone, I believe that I was driving no faster than 70 mph.

The Basic Speed Law, CVC 22350, states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

On my citation, the officer noted that the road was dry and clear with light traffic. Where I was stopped, Interstate 5 is a well-maintained four lane freeway, quite safe to travel on at approximately 70 mph with favorable weather and road conditions.

Section (b) of Speed Law Violations, CVC 22351(b), states: "The speed of any vehicle upon a highway in excess of the prima facie speed limits...or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing."

The conditions existing at the time and place of my stop (favorable conditions attested to by Officer Carnitas in my citation) were favorable and made the speed I was traveling Safe and Reasonable under these conditions. As such, I know that I was not in violation of the basic speed law at the time and place of my citation and, pursuant to CVC 22351(b), contest that my speed at the time of my traffic stop was therefore not prima facie unlawful.

I trust in the Court's fairness and believe that my citation should be dismissed in the interest of justice.

If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

Brendan Behan, Defendant in Pro Per


Just copy and paste and replace as needed

ngtcrawler97
09-04-2006, 01:43 PM
Thanks speedracer that will help me a lot. The thing is that if I was really speeding & driving with disregard. I wouldn't be on here bitching about it. I would just take it like a man and pay the fine or go to traffic school. But I know for a fact he just pulled me over for the type of car I drive and no he didn't ask me for my registration, thats what reinforced the fact that he knew what type of car I drive. Don't get me wrong I have friends and know a lot of people who are CHP and local cops. They have one of the hardest jobs out there but common picking on someone just because of the car I drive.

nurb2
09-04-2006, 03:05 PM
You are better off attacking the radar than admitting guilt. With a 22349, the only thing the prosecution really needs to prove is that you were travelling faster than the maximum speed. With a 22350, you can argue that your speed was safe for conditions, or that a speedtrap existed, but it's not going to work with a 22349. If you admit to exceeding the max speed for any reason, you are technically guilty and are simply hoping the judge gives you a break.

Radar across 4 - 5 lanes of traffic is much easier to fight. Radar will always pick up the largest object in the field of view, and the beam "spread" gets wider the farther away you are from the radar unit. If it was laser ... that's harder to beat.

Good luck, but slow down next time you see a cop.

-nurb2-

ngtcrawler97
09-04-2006, 03:19 PM
I was reading my ticket earlier and it look like he checked off the box thats says radar unit #.... My question is, whats more probable that I would get a fair chance at fighting this ticket. TBD or actually going to court & get the officer to show up. What do you guys suggest. :-\

nurb2
09-04-2006, 03:42 PM
I was reading my ticket earlier and it look like he checked off the box thats says radar unit #.... My question is, whats more probable that I would get a fair chance at fighting this ticket. TBD or actually going to court & get the officer to show up. What do you guys suggest. :-\


Both. Do a TBD attacking the radar using diagrams, etc. Do discovery and get a copy of both sides of his ticket, his radar and daily log, the radar manual, his radar certifications, etc. It's much easier to present your diagrams in a TBD because you have time on your side. Court can be hectic.

If you lose the TBD, request a Trial De Novo within 20 days of the decision and then do your court trial. Evidence notwithstanding, you have two free chances to win ... the cop not submitting his paperwork in the TBD and the cop not showing for court. There are also many other loopholes where you can file motions for dismissal ... lack of a speedy trial in your Trial De Novo, failure to provide discovery, lack of prosecution, etc. etc. Properly done, and even losing, you can easily keep the ticket off your insurance and DMV record for a year. Also, get as many continuances as you can get away with. Giving yourself the BEST chance to win will require much work and research.

-nurb2-

speedracer2169
09-04-2006, 03:51 PM
go look at the new thread i started. for more info O0 good luck

ryan78
09-04-2006, 08:47 PM
nicely said. i feel the exact same way, evo8supercar

SpdyEvo02
09-05-2006, 12:25 AM
CHP are the nicest cop that i have meet so far. i have only been puled over by them once and that was flips fault. but other then that i have met and talked to alot of them i even meet the CHP commisioner ver nice guy. just cause the give you a ticket does not mean you should hate them. they are just doing there job which is enforcing the laws

909Evo
09-05-2006, 06:27 PM
Uhmmmmm

1.) Am I the only one who actually read what the original poster wrote?

2.) He was tagged with LASER, not as like 3 of you stated to be radar. Laser only hits 1 specific vehicle, and it does not need to be calibrated.

3.) His only defense is against 22350, he can't fight the gun.

4.) And lastly, I know you need to vent, but you were pulled over for speeding. Plain and Simple.

SpdRacer ( I think it was) posted some very good stuff about fighting a 22350, if you have any specific questions, feel free to ask, its what we are here for.

speedracer2169
09-05-2006, 06:35 PM
everytime i got pulled over by chp i get luck sometimes but the cops are always cool with me and understanding. My girl gets pulled over more in my car i only got pulled over once and she already got pulled over 7 times already for tint, the so called HID are too bright, and thats it

ngtcrawler97
09-05-2006, 07:01 PM
Well I stated earlier in the post that he checked the box that says RADAR unit #..... So I don't know wether he was using a laser or radar but from what I've been reading I hope is a radar O0

909Evo
09-05-2006, 08:23 PM
If he did use radar, you might get lucky, its still hard to fight, but just might.... its alot easier.

If you take a look at the ticket, is he using a ticket that has a box for radar? I know our cite's only have a box for radar, so we use it anyways..... but you could be lucky!