SilverBeam
01-03-2006, 10:43 PM
Cop stopped on a dark road, in the middle of a turn lane, with zero lights on (invisble until you pass him), at the bottom of a fairly steep grade. If he catches you speeding, is this legal?
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View Full Version : CHP tactics, is this legal? SilverBeam 01-03-2006, 10:43 PM Cop stopped on a dark road, in the middle of a turn lane, with zero lights on (invisble until you pass him), at the bottom of a fairly steep grade. If he catches you speeding, is this legal? psk145 01-03-2006, 10:51 PM I believe they can sit wherever the f-ck they want nickdrivesm3 01-03-2006, 10:52 PM I believe they can sit wherever the f-ck they want Who is the judge gonna believe in court? You or the CHP? Think about it.... hkrobotics 01-03-2006, 11:12 PM Cop stopped on a dark road, in the middle of a turn lane, with zero lights on (invisble until you pass him), at the bottom of a fairly steep grade. If he catches you speeding, is this legal? Why would it be illegal? It's dangerous because someone might run into the cop, but cops speed and run red lights all the time, so the poster above is right; they can do whatever the f-ck they want. jmargo 01-03-2006, 11:13 PM I believe they must be visible to at least one direction. bimmerboi330 01-03-2006, 11:19 PM Thats being a danger to traffic. If someone hit him, then it can't be thier fault. You need to take a pic or video and send it in with a complaint. Make sure that you send a copy in and not the original so in case they "lose or misplace it" you have a backup. cleoent 01-03-2006, 11:45 PM sure it is. Mblaster 01-04-2006, 12:48 AM I believe they can sit wherever the f-ck they want Ahhhh....yep. bimmerboi330 01-04-2006, 01:23 AM And people wonder why I hate most cops... Its things like this that really press my buttons. I don't mind then risking thier lives, I give to things like the Fraternal Order of Police, but I hate it when they do things like this. bellavus 01-04-2006, 01:27 AM he can sit wherever he wants, but it is pretty dangerous to be sitting there. Eric BMW 01-04-2006, 01:55 AM It is not. He must have his parking lights on. bmwretard 01-04-2006, 02:10 AM get in an old beater truck, cruise down the road at the posted speed limit, and give the bacon a punt he won't forget. TAMUmpower 01-04-2006, 02:11 AM Ive heard that in Texas at least, they must be visible and not hiding. But....thats a fine line in court and you would probably loose. m34ever 01-04-2006, 02:32 AM ive always heard they have to be visible, my friend got out of a ticket because the cop was parked in someones driveway when he stopped him. bellavus 01-04-2006, 02:34 AM ive always heard they have to be visible, my friend got out of a ticket because the cop was parked in someones driveway when he stopped him. wouldn't that be private property? Stinky 01-04-2006, 03:03 AM I always thought they had to have some light on too. When I see SDPD or CHP on the side of the road they almost always have some kind of light on. MR 325 01-04-2006, 03:42 AM Yes they must have parking lights on Assholes NewToTheForum 01-04-2006, 04:51 AM It is not. He must have his parking lights on. I think this is the rule, I always see cops with parking lights only one camping out NewToTheForum 01-04-2006, 04:53 AM Cop stopped on a dark road, in the middle of a turn lane, with zero lights on (invisble until you pass him), at the bottom of a fairly steep grade. If he catches you speeding, is this legal? and that is seriously one stupid cop. that is one of the only time you can rear end someone and it not be your fualt. Plus it's a cop as a bonus!:) s0crates82 01-04-2006, 04:58 AM I've seen CHP cut their lights while "exiting" La Brea after traveling eastbound on the 10 in L.A. I thought about calling dispatch and complaining... but I was too riled up about him pacing me for the last few miles, and didn't think I'd be calm enough for them to take me seriously. e30sd 01-04-2006, 05:09 AM I always thought they had to have some light on too. When I see SDPD or CHP on the side of the road they almost always have some kind of light on. i've driven on the 67 north out of el cajon several times in the dead of night and came across chippies on the shoulder totally blacked out. SilverBeam 01-04-2006, 11:43 AM I've seen CHP cut their lights while "exiting" La Brea after traveling eastbound on the 10 in L.A. I thought about calling dispatch and complaining... but I was too riled up about him pacing me for the last few miles, and didn't think I'd be calm enough for them to take me seriously. I called the community security on him, hopefully they got him to move to a safer, less speedtrappy location. fast4d 01-04-2006, 11:58 AM I was told by a cop years ago in traffic school that they can't sit on private property doing a speed trap. TC535i 01-04-2006, 12:18 PM I was told by a cop years ago in traffic school that they can't sit on private property doing a speed trap. From what I've heard, cops have a 50-ft easement onto all private property. :dunno blitzed310 01-04-2006, 01:09 PM According to the CA Vehicle Codes Article 2 § § 22400-22413 Section 22413 Decreasing Speed Limit on Grades it is illegal for an agency to issue a speeding ticket on grades greater than 10%. Check to see if the grade was 10% or greater, if so this is a classic case of a speed trap and can be dismissed by the judge. BabyM 01-04-2006, 02:35 PM According to the CA Vehicle Codes Article 2 § § 22400-22413 Section 22413 Decreasing Speed Limit on Grades it is illegal for an agency to issue a speeding ticket on grades greater than 10%. Check to see if the grade was 10% or greater, if so this is a classic case of a speed trap and can be dismissed by the judge. nice! and yeah, i am pretty sure cops are *supposed* to have parking lights on for safety if they are blocking a shoulder/breakdown lane psk145 01-04-2006, 03:07 PM According to the CA Vehicle Codes Article 2 § § 22400-22413 Section 22413 Decreasing Speed Limit on Grades it is illegal for an agency to issue a speeding ticket on grades greater than 10%. Check to see if the grade was 10% or greater, if so this is a classic case of a speed trap and can be dismissed by the judge. Is the 5 freeway by Grapevine steeper than 10%? I've seen many a cops sitting on the side of the road clocking people. Based on the code you posted, it seems like its illegal to reduce the maximum speed on a decreasing grade and give a ticket because of that. I think if the speed limit is constant, its fair game M3 Pete 01-04-2006, 03:37 PM According to the CA Vehicle Codes Article 2 § § 22400-22413 Section 22413 Decreasing Speed Limit on Grades it is illegal for an agency to issue a speeding ticket on grades greater than 10%. Check to see if the grade was 10% or greater, if so this is a classic case of a speed trap and can be dismissed by the judge.classic bf.c misinformation. Nowhere does this say you can't get a ticket on a 10% grade. In fact it says the local authroity can DECREASE the speed limit to 15 or 20 mph on such grades, so you can get a ticket for that. A 10% grade is exceptionally steep, the grapevine is only 6 percent, and the Baker grade only 5.8 percent. http://www.dmv.ca.gov/pubs/vctop/vc/tocd11c7a2.htm Decreasing Speed Limit on Grades 22413. Whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie limit of 25 miles per hour is more than is reasonable and safe on any portion of a street having a grade in excess of 10 percent, the local authority may by ordinance determine and declare a maximum limit of 20 or 15 miles per hour, whichever is found most appropriate and is reasonable and safe. The declared maximum speed shall be effective when appropriate signs giving notice thereof are erected upon the street. blitzed310 01-04-2006, 07:06 PM It appears that I was misinformed. Rather than looking it up I asked my friend who got a ticket going down a hill and he gave me what I posted. Anyway, he fought and won the ticket since according to him if you recieve a speeding ticket via radar it is concidered a speed trap. I'll ask him to give me the correct information. BMWJNKY 01-04-2006, 07:54 PM The Grape Vine is not a 10% grade, a 10% grade is fucking steep. bimmerboi330 01-04-2006, 08:32 PM 10% grade means looking down a 36 degree slope. That is steep... The grapevine has nothing on that... XOC 01-04-2006, 11:53 PM what's legal !== what's right SilverBeam 01-05-2006, 12:47 AM From what I've heard, cops have a 50-ft easement onto all private property. :dunno They can come on private property, if the community decides to PAY them to come in here to give the residents tickets because some girl in a jetta who couldn't drive killed herself because she couldn't drive, not because she was speeding. I admit I was speeding, but hey, OJ got off, so that means I can fight it too ;) besides, the county is getting paid in association costs if they pull anyone over or not. TC535i 01-05-2006, 02:33 AM They can come on private property, if the community decides to PAY them to come in here to give the residents tickets because some girl in a jetta who couldn't drive killed herself because she couldn't drive, not because she was speeding. I admit I was speeding, but hey, OJ got off, so that means I can fight it too ;) besides, the county is getting paid in association costs if they pull anyone over or not. I was referring to 50-ft on ANY private property, such as driveways, etc... not really gated communities. Mr.M 01-05-2006, 02:57 AM classic bf.c misinformation. Nowhere does this say you can't get a ticket on a 10% grade. In fact it says the local authroity can DECREASE the speed limit to 15 or 20 mph on such grades, so you can get a ticket for that. A 10% grade is exceptionally steep, the grapevine is only 6 percent, and the Baker grade only 5.8 percent. http://www.dmv.ca.gov/pubs/vctop/vc/tocd11c7a2.htm Decreasing Speed Limit on Grades 22413. Whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie limit of 25 miles per hour is more than is reasonable and safe on any portion of a street having a grade in excess of 10 percent, the local authority may by ordinance determine and declare a maximum limit of 20 or 15 miles per hour, whichever is found most appropriate and is reasonable and safe. The declared maximum speed shall be effective when appropriate signs giving notice thereof are erected upon the street. First, 10% is exceptionally steep. Only the steepest hills in SF have 10% grades. Second, the CA vehicle code says they may change speed limits prima facie, but it also says they can't give you a SPEEDING ticket. So sure, they can lower the speed limit to 15, but if they hit you going 40, they can't give you a speeding ticket. They can however, give you one for "excess of speed" or "reckless driving," both of which are worse than speeding anyways. With US speed laws, you lose no matter what. And, in CA the CHP MUST have his parking lights on at minimum at night on the shoulder. The end. |