I was going 80mph (traffic speed) on the I-5 South in California (speed limit 65mph). An Oceanside Police Department officer got on the freeway and pulled me over. I mentioned that I was just following traffic and he replied, "Then you're just unlucky." I'm wondering if he can even give me a citation even though he's not CHP, and also how my chances are if I want to contest the citation (given that he is not CHP and that i was following the general flow of traffic).
Thanks.
2007-02-11 19:42:28 · 18 answers · asked by jaminewok 2 in Politics & Government ➔ Law Enforcement & Police
Yes, he can cite you. If the freeway runs through the city, then the city police have concurrent jurisdiction with the California Highway Patrol over freeways, highways, streets and roads within his jurisdiction. If they observe a violation of the law, they can pull you over and cite you.
"Going with the flow of traffic" is not usually a defense to speeding in excess of the posted speed limit. It's like saying "everybody does it". That doesn't carry much weight with judges. You are the defendant--not the flow of traffic. As the cop said, you are the one who got caught.
It reminds me of a friend who got cited. He went into court and said that everybody was going faster than the speed limit, and he was being singled out over all the rest.
The judge said to him, "Mister..Smith............, have you ever gone duck hunting?"
My friend said that yes he had.
"Well, then" , said the judge, "you know as a hunter, if you see a flock of ducks going overhead, you have to take aim at one of the flock and shoot that one duck. You can't shoot them all. "
"Well, this time, Mister.Smith........., you were that duck ! "
2007-02-11 19:58:43 · answer #1 · answered by JOHN B 6 · 3⤊ 0⤋
1
2016-06-10 12:57:40 · answer #2 · answered by Darrel 3 · 0⤊ 0⤋
He is entitled to give you a citation. The fact you were 'following traffic' is not an excuse for breaking the law.
If a crowd is stealing from a store, do you believe you have an excuse to steal, too? Of course not. Speeding is an offence (however much you choose to ignore the law) A police officer is entitled to charge any person with ANY crime, if he sees it being committed.
The CHP (who would normally give you the speeding citation, would just as willingly-and legally) charge you with murder if they saw you committing one...so the police officer is just doing his job.
You have no defense because he is not CHP, nor should you have...as they guy said, 'Bad luck', it was YOU he caught and you that will pay the penalty.
To avoid this again slow down and maintain your speed to within that allowed by law. The others who wish to go faster may overtake you, may even 'honk' at you, but you will be safe from prosecution and safer on the road.
Drive safely,
BobSpain
2007-02-11 20:36:33 · answer #3 · answered by BobSpain 5 · 1⤊ 0⤋
A cop is responsible for the law everywhere. I had a case recently where the issue was cops in one city doing a search in another. My research turned up that that was just fine. I guess I thought that all those Dukes of Hazard shows that I used to watch where the sheriff deputies had to stop at the county line was good law. Nope. Hollywood doesn't know the law. A cop can come right on through to the next county. So yeah, the Oceanside cop can pull you over. Incidentally, the law isn't go no faster than 65 unless everyone else is going faster. The law is don't go faster than 65. As such, the general flow of traffic does not make the law.
2007-02-11 19:51:23 · answer #4 · answered by Erik B 3 · 1⤊ 0⤋
Actually most police have state jurisdiction, they are just assigned to patrol the area which their department is based, highway patrol are usually a branch of state police anyway which do travel all over the state and are allowed to write citations anywhere as well. Plus highways that run through cities are under that cities jurisdiction anyway while in the corps limit. No this is not true, tickets absoloutely do not need warrants, people get pulled over all of the time and pull over into private property, stores, gas stations even houses, nothing about it being private property is keeping you from getting a ticket. Those are some strange urbn myths, ive heard the police jurisdiction one before, and its a common misconception, buthe private property preventing a ticket is a new one.
2016-05-24 00:08:55 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Sorry, you're out of luck. He is most definately allowed to give you a citation for speeding. Traffic flow speed doesn't matter in a speeding violation. The speed limit was 65 and you were going 80, it's as plain and simple as that. You'll have to pay up.
2007-02-11 19:51:58 · answer #6 · answered by Kablaam 2 · 1⤊ 0⤋
1) You have a better defense with following traffic.
Even out of his jurisdiction a police officer can arrest and detain or give tickets. Unless the ticket can be unproven or in excess.
Also it is considered rude to give tickets in other jurisdictions especially for a misdemeanor The state can bring their sheriff or other patrolling officers. It depends upon if the officers go to their court app. If they are not very punctual there. It may be the best option for you.
2007-02-11 20:35:49 · answer #7 · answered by ALunaticFriend 5 · 0⤊ 0⤋
You may have been with in the city limits..(the boundry lines are somewhat blurry) of which he is an officer for. You ever see the signs that say "Now entering such and such" maybe it was before you reached that sign. You may want to ask about this but youre probably just better off paying the ticket and moving on.
2007-02-11 19:47:10 · answer #8 · answered by Minty 3 · 2⤊ 0⤋
Chp Ticket
2016-09-28 04:03:04 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I don't know what the law is in Cali, but everywhere else I've lived, local police are always involved in ticketing on interstates though their juristiction. Some towns are more aggressive than others (and more desperate for revenue from tickets).
You were speeding. You got caught. Just pay the ticket.
2007-02-11 21:17:59 · answer #10 · answered by Anonymous · 1⤊ 0⤋