Do NOT get a lawyer unless you're in the habit of wasting money.

The Officer clearly told you why he was pulling you over without mentioning the illegal mexican part first (that makes it a "good stop")
O: You know why im pulling you over?
M: Not really officer im sorry.
O: You failed to stop at the stop sign.

O: You need a California Drivers licence within 10 days. Weve been cracking down on this because illegal mexicans have been getting licences in oregon and driving in california.

Secondly, he never implied that "you" were an illegal Mexican. He simply explained why he was being so strict during the traffic stop.

Was he racial profiling, probably...can you prove that? based on what you've explained, nope. He was a dik, no doubt, other than the fact that you're not a "resident" you don't have a leg to stand on IMO...

 

So you suggest that "illegal mexican" is the proper term? In your opinion, what makes him a "dik"?

 

No, its not a proper term... but the OP implied that he belived that the Officer thought he was a illegal..

That guy was a mos def a dik... there was no need to tow the guys car after he knew he had a valid license. Trust me, I'm sure he's stopped plenty of people without DLs and not towed their cars...

 

Regardless if the OP implied that the comment was for him, doesn't the OP reserve the right to file a complaint for using such comment? That is definitely not how LE should categorize people.

Is towing their cars not a valid/legal option? I thought it was. However phucked up it may be.

 

Sure, you can file a complaint for anything just like you can sue for anything...doesn't mean it will hold up.

Sure, its a valid option (towing), but to do it when all things are considered makes the guy an A$$! Most LEO, in most occasions would not do the same...

 

You honestly believe it wouldn't hold up? Why not?
So, if it's a valid option and he does not violate any rights of the OP, in other words within the allowable limits or doing his job, how is he an AZZ? Sure most LEOs would avoid that route, but that doesn't make him wrong.
If he forgot his DL, then I'd say ok, let's go get it and the only infraction would be runing the stop, and he would be on his merry way.

 

It won't hold up b/c there are no elements of racial profiling evident... The office simply explained to the OP a "specific" problem in the area...

He did, forget his DL, left it a block away, which he explained to the Officer. Towing a car based on not having a DL, on your person, is not cool at all... unless, he does that all the time, which, I assure you, he doesn't...

 

Again, regardless if he was profiling him or not, the fact that he merely made the "illegal mexican" comment is rather unprofessional. He could be talking to his partner and still would make it uncalled for. Illegal immigrant is the proper term plain and simple. I'm guessing you're a LEO. You know better than anyone, how careful we need to be with our wording. I don't think too highly of lawyers, most of them are the scum of the earth. Because of them, criminals get away with a lot. But I think if the OP wanted to pursue the matter, they could come to an agreement.

I don't know about you, but I'm not trying to be friends with people I pull over (I'm sure they're not too fond of me at that time either). If I was, then everybody would get away with infractions in my zone. "Sorry LT, I did not use option B because that is not cool" would not fly in my department. The amount of infractions, type, and attitude of the driver will play a big role in that btw (and future ragging on me on the world's most popular forum as well ).

Out on patrol, how many times have you been BSed? I get it everyday.

 

sounds like a good live stop to me.

 

ohh and don't bother filing a complaint.

He was in the complete power of his position to take your vehicle. In fact, since you did not provide valid ID, he could have took you into custody and had you fingerprinted.

I'd say you were lucky to only get the car towed.

 

find out where this cop lives and order 100 pizzas topped with ham and bacon.

 

that really sucks Ryan. And I thought Hawaii Cops were jerks. Hope everything works out okay. You clearly don't need to get a CA drivers license since you're just there for school.

 

Maybe the OP mis-stated what the cop said. Just like he said 1 block which was 1.5 miles. It'd be he-said-she-said in court, and the OP would lose. They would pull his record and track how long he has lived in CA. If it was more than the set time frame by CA law/DMV, he'll get more fines. Pay up and move on.

On that note, hopefully they'll start pulling over all those beat-up tiny pick-up trucks with 6 legal gentlemen of non-Caucasian nationality that go 55mph in the commute lane trying to avoid getting pulled over. Since I'm confident their paperwork is legit and all, at least the police could suggest they keep up with traffic and vehicular maintenance.

 

A cop has told me 10 also, but this thread references 20. Either way, you can't just move here and not get a CA license.

 

Just as a side note, it is also required that you get your CDL updated if you move within a similar time frame (week - 10days~~). For example, I moved from SoCal to here and got pulled over. When they notice a different address and ask you if that address is still correct it isn't to be nice...

Tell them that it isn't correct, but tell them you JUST moved. No sense in getting a lame citation on that as well...

 

He didn't move to Cali he goes to college there. You don't need to get a CA drivers license just because you're going to school there. He's not claiming residency or anything.

 

the thing is i go back and forth from california and hawaii. i dont do as much driving up here as i do in hawaii so i didnt see it that i really needed to get one. anyhow i took some pictures of the spot i got pulled over today. im hopping that i can come up with some good points that might help me get off. im going to fight it in court. so well see how that goes. cant wait till i bring my z up here. see how the cops like 3" True duals.

 

forget about hte violation, you were definetly in the wrong there, he does hav ehte right to give you a ticket for a rolling stop.

the other part, IMO is BS, i was specifically told by a friend of mine that if you permenantly move to cali, you need to do the license thing, other wise, if you are, say, a college student, or say, staying here for a few weeks or months to attend an ailing loved one, or here on a temp job assignment, you do not need to change your license.

however, hwat you need to find out is, whether or not he has the right, under the law, to have your car towed if you simply FORGOT your license but have a valid one. meaning it may be the harshest penalty allowed within the law, but if its allowed, then fighting it prolly wont do you much good, you would just waste additional time, effort and stress trying to get anyhting back.

but, if the law says he can only tow your car if you DONT have a license or its revoked, and if you dont infact permenantly reside here and can somehow show proof of that (say a bill you still get in hawaii, or anyhitng that ties you there), theni perhaps you hvae a case...

good luck man...the racial profiling part i cant say, beucase i wans thtere and didnt hear exactly how it went down.

i am curious though, if you gave a cop your SS, can they reverse look up your license situation on their laptop?

b

 

he radioed in to check my license situation. my license is clean and not expired.

 

Anyhow im trying to build up a defense against the running through the stop sign one. So heres my support.

1. Overall view of the officer was obstructed by objects in the way. Not the stronger of my two points but just going to put it on the table for public defender.
Picture of officers view point:

Picture looking at officers view point:

Picture showing vantage point of officer in relation to line indicating there may have been some obstruction in seeing where i could have stopped.


2. Improper/no visual road markings indicating stop (no STOP painted on the ground). A previous case ruled in favor of the defendant and to my knowledge courts must follow previous rulings in similar cases.

Picture of road as marked:

Picture with stop sign:



Dont get me wrong it was an honest faithful rolling stop. Its a pedestrian cross walk so i slowed down to a roll and made sure there were no pedestrians.