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 email@example.com to receive the personal professional attention you deserve. En español, llame al 661-376-0214.