As summer vacation season starts to kick into high gear in the Sierra Nevada
Mountains, CHP officers around Bishop and Independence have their Radar
guns pointed and their ticket books ready. The methods they sometimes
use to enforce
VC 22348(b) raise some interesting legal questions.
If Officer A is at a dead stop, s/he has almost no chance to catch a car
driving in excess of 100mph. So, Officer A often radios ahead to Officer
B with instructions to pull over the offending vehicle. CHP officers use
this technique to great success, and considerable annoyance, around Needles
at the Nevada-California border.
The problem in these situations is that Officer B probably did not witness
the offense, because many people slow down when they pass patrol cars.
Therefore, there is a good chance that the driver is no longer over 100mph.
Whether or not the ticket is still valid largely depends on the
tip’s specificity. The tip already passes the first two tests – reliability and time
delay – because it came from another officer only moments earlier.
If Officer A relayed a message like “black sports car” or
“white pickup,” the tip is probably too vague. But if Officer
A included more information, like “license tag begins with “6D”
or “white Dodge pickup,” the tip will probably pass muster.
Officers cannot use excessive force when enforcing the laws, and that includes
driving at excessive speeds. However, unless the officer was driving in
a very reckless manner, it is probably okay to exceed the speed limit
and even ignore other rules of the road.
Getting Legal Help
The aggressive lawyers at Bigger & Harman, APC, are committed to giving
individuals a voice when dealing with speeding and traffic tickets. Call
today at 661-859-1177 or email
firstname.lastname@example.org to receive the personal professional attention you deserve. En español,
llame al 661-376-0214.