MGV156

What's up guys and gals!? Got a question for all of you. Here's the story:

I was on my way to meet w/ family at Valco Mall in Cupertino.
Got on 85N from Cottle Rd at the same time with a Santa Clara County Sheriff. I follow him going 75-80mph until we get to 17N/880N. He slows down between 70-75 and I pass him going 77. When we're at the section between the Hamilton Rd onramp and the 280S offramp merge on 880, I move over to the 1st lane at a speed of 80mph to avoid the cars coming from the onramp and cars moving to the offramp. I had no choice but to move over because of all the cars coming in and out of 880. This is when he nails me. He gets on his megaphone and says "Stop the CAR!" I couldn't stop anywhere since I was close to the 280N offramp and I didn't pull over until the offramp paralleled w/ 280N.

Question:

1.) Do county sheriffs have jurisdiction of giving out a speeding ticket on Freeways? I thought this was a CHP's job?

mgl

iTrader: (10)

yes they can pull you over. you were still in santa clara county right??

Shift33

iTrader: (5)

Yes they do as long as it's part of the county still. Regardless, just wondering why you were following him to begin with at those speeds? I avoid all poe at all times just incase for some reason they decide to pull a stunt like yours on me or even go far as to call in CHP to get me.

MGV156

I've followed numerous CHPs down I-5 before going 80-90mph. One time, with the Z, I followed one going 115mph and he or she didn't pull me over (I have my gf as a witness on this one).

The thing that startles me is that the officer wrote the wrong violation date on my ticket (4/27/77) and the wrong zip code. I wonder how competent this officer was prior to writing the ticket. Also, that section on 880 has a posted "Speed Limit" not "Maximum Speed." My last traffic instructor (former CHP for 10 yrs) told me that there's a difference between the two. Speed Limit refers to recommended speed which can be altered if conditions are fit in the situation. I had to speed momentarily to avoid incoming and outgoing vehicles, but once I cleared that section, I slowed back down to the speed of traffic. Also, he said all law enforcement vehicles are treated just like civilian vehicles as long as they don't have their lights activated, which is the reason why I decided to follow him to begin with.

Well, I'm scheduled to appear in court on or before 2/20. We'll see how it goes. I think I have a valid reason to question the competency of the officer.

failsafe

Not sure if you can get off on a technicality or not. You could always go before the judge and ask how could you could have possibly been pulled over in 1977 when your car is an '03.

When I got pulled over a few months ago the cop wrote that the make of my car was a Mazda . But I never tried to fight it because I got smog violations and I figured they would have told me to correct the violations anyway (since it wasn't a moving violation).

I mean I could see it if he wrote 4/27/03, but 1977?????

yobri

iTrader: (2)

Wow. Definitely not a Z, or auto enthusiast, for that matter...

350ed

iTrader: (17)

I can't believe you passed him on the highway when he was already doing 10+ over, or followed one doing 100+. You're just asking for tickets. At least you have a chance getting off based on his ticket errors.
Also, speed limit means if it's posted 65mph that they can give you a ticket for going 60mph in bad conditions, not that it's ok to go 80mph cause its sunny.
Stop passing cops!

fowlman01

iTrader: (1)

Our campus cops (Sonoma State) tell me that they can issue a moving violation cite anywhere. I know that when they get bored they cruise around the outskirts of the campus looking for "action". I had one follow me for about a mile on a Saturday at 5 AM one morning on Petaluma Hill Rd. I checked with his boss the next day and found out that this jerk ran a check on me. I got him in a little bit of trouble though, because he was almost up my exhuast pipe when he was following me. Bottom line is that if one of our cops can cite you, any sworn peace officer can.

arvin

iTrader: (2)

I believe campus cops are state cops. Meaning they can site you for anything in their jurisdiction. Thats the entire State of California in your case.

zuddenly

i went to doc wong's this weekend... and learned a few things about traffic violations.... supposedly in san mateo county, its pretty easy to get out of tickets... go to court and it'll cost you about $150.... ($100 for the fine... $50 for the attorney fees ...) but i believe him because he sounded pretty knowledgeable, after getting off on 3 violations for passing 5 cars over a double yellow at 100mph (he was riding his bike)... he said it cost him $1000 to get off that one.... nonetheless, he didnt get any points for it.... maybe we should ask him who his attorney is...

MGV156

I found out more info. I have a coworker who has connections w/ the SCC Sheriff Dept. Apparently, his buddy told me that I had the right to speed momentarily to avoid that nasty section on Hwy17. He recommended me to fight it in court and state my reasons.

And yes, they do have jurisdiction but no radar guns...

SweatyPalm

With no disrespect intended but I just couldn't understand why you decided to pass the cop knowing that you're exceeding the speed limit. I always try to stay away from any cops.

The verdict will most likely in favor of the cop (law). You knew you were going above the limit and you didn't slow down.

MGV156

I couldn't slow down due to obstruction of traffic and my need to move into the 280N offramp. There was no room to move over the next lane because of congested traffic coming from the Hamilton Rd onramps and other vehicles merging to 280S.

whatever

iTrader: (2)

You got marbles man....
well, good luck on this regardless

mgl

iTrader: (10)

you can contest the ticket with a letter instead of actually going to court. you can write the letter and be sure to include diagrams and maps of the section of freeway where you were pulled over. Also include quotes and phrases of the exact citatiion code in which the police officer cited you for. you can find a lot of info on the internet. good luck.

Shift33

iTrader: (5)

Don't know if you ever read the stuff from http://ticketassassin.com but it's pretty good. It tells you why it's best to fight all tickets by mail and go to traffic school to get rid of the point regardless of when the last ticket was.

MGV156

mgl & shift: I did what you guys told me for my gf's ticket and it came back guilty.

I guess some courts are up to date w/ Trial by Declaration that they even have forms for you to fill out now. I've gotten away quite a few times, so it won't hurt if I show up to court. Besides, I have every other Monday off, so it shouldn't take much of my time. I will emphasize the incorrect violation date and zip code for my argument and let the judge decide from there. On top of that, I will print out all necessary CVC's supporting my actions.

Shift33

iTrader: (5)

Good luck . . . hopefully the traffic commish is in a good mood that day and lets you slide. Worst comes to worst . . . don't be like me and pay $1200 to clear tickets that were 2.5 years old.

MGV156

Thanks man! I'll keep that in mind.

I haven't been to court to fight a citation for a while, so hopefully I can keep my composure and put the officer in the hot seat instead.