*** UPDATE *** - Just received my notice to Appear in court in SSF on the 20th of September...

According to the docket number, I was cited for "UNSAFE LANE CHANGE" and "MISSING FRONT PLATE" -

Fine was under $300 so that's the good.

Hopefully if I go to court, perhaps the CHP officer won't show up and fine reduced or even better dropped.

Whose had experience with the judge in SSF...?

Thanks for your help G35Chippie...!!!

BoBs =)

 

Chippie,
Once again you have helped us understand the law...thanks. I read your response and have questions. Am i correct that city p.d does Not have jursidiction on the freeway UNLESS there is a major violation being done? Also that Sherriff have jurisdiction within there county e.g san mateo county.
Thanks for all your help....
Rob

 

hey chippie if someone brings you to court doesnt taht mean u cant take traffic school no more.

 

I think he answered that already.

 

I'll try to kill two birds with one stone here.

kris79- Normally, no. If a person enters a not guilty plea, there is a trial. If the judge rules a guilty verdict, no more traffic school. BUT...there are certain judges that i have dealt with that have had mercy and allowed traffic school. Or the violator gets up to the defendants table and asks to change their plea, which some judges will allow and grant them traffic school.

rwcblkcoupe- her ya go. Commisioner in this is the Commissioner of the CHP:
2400 CVC (a)(b) and (c) are too boring, I've also ommitted other boring parts,

(d) The commissioner shall have full responsibility and primary
jurisdiction for the administration and enforcement of the laws, and
for the investigation of traffic accidents, on all toll highways and
state highways constructed as freeways, including transit-related
facilities located on or along the rights-of-way of those toll
highways or freeways, except facilities of the San Francisco Bay Area
Rapid Transit District. However, city police officers while engaged
primarily in general law enforcement duties may incidentally enforce
state and local traffic laws and ordinances on toll highways and
state freeways within incorporated areas of the state. In any city
having either a population in excess of 2,000,000 or an area of more
than 300 square miles, city police officers shall have full
responsibility and primary jurisdiction for the administration and
enforcement of those laws and ordinances, unless the city council of
the city by resolution requests administration and enforcement of
those laws by the commissioner.
(e) The commissioner shall have full responsibility and primary
jurisdiction for the administration and enforcement of the laws, and
for the investigation of traffic accidents, on all highways within a
city and county with a population of less than 25,000, if, at the
time the city and county government is established, the county
contains no municipal corporations.

blah, blah, blah...

(g) The commissioner shall assume those duties and
responsibilities of providing protection to state property and
employees actually being performed by the California State Police
Division on and before July 11, 1995.
(BTW- I just did this very thing. Arrested a gentlemen for domestic violence cause smacked his wife while at the DMV. He was thoroughly confused as to why CHP was arresting him and not PD. State property!)

2400.7. (a) The commissioner may enforce all laws regulating the
operation of vehicles and on, and the use of, any portion of any
expressway in the County of Santa Clara, if requested by a city or
the county with respect to the portion of the highway within that
city or county and if a contract is entered into between the state
and that city or the county or any combination thereof.

There are many many more.

In other words, we never relenquish scene authority on the freeway. There are exceptions though of course. Murder is usually one of them which I have seen PD or the Sheriff's dept. take over. We have complete authority on the freeway over everyone else and every agency (although some firefighters tend to forget that fact). I had a Captain from the Sheriff's Dept stop to help me with a cluster f*ck I had one day. Even though he out ranks me, he's not with the CHP. I told him what to do and put him to work. We also are the authority for all traffic related matter in unincorporated parts of cities. The jurisdiction boundries only come it to play when an event has occurred and determining who responsibility it is. An easy way to remember is: Freeway-CHP, incorporated-PD, unincorporated (traffic, ie vehicle code)-CHP, unincorporated (all other codes)-Sheriff's Dept. Sometimes there are very fine lines. One side of a street may be city and the other side county. If you want to see sparks fly, watch a traffic collision scene where CHP and PD both show up and bicker about where it happened and who's it is.

 

G35 Chippie, not to be an argumentative butthead, but what's the deal with the max of 65 you said on the last page? You can go 70 on parts of I-5?

 

Before Uncle Cru get hold you, and turn this thread into chits like others, this is what Chippie posted in post #6...Chippie usually cover his ares pretty well. ...Speaking of covering ares, anything going on for East Bay/Oakland mini meets?

 

i seen you this week more than i seen my mom! no more meets lol

 

, No chit, like I posted in SF mini thread to Don, I saw him three times in four days, I think we need to exchange vows now.

 

What limeg35 said. Here's the official explanation of the 70 MPH limit. The (b) section is the punitive section, (a) is authoritative.

22356. (a) Whenever the Department of Transportation, after
consultation with the Department of the California Highway Patrol,
determines upon the basis of an engineering and traffic survey on
existing highway segments, or upon the basis of appropriate design
standards and projected traffic volumes in the case of newly
constructed highway segments, that a speed greater than 65 miles per
hour would facilitate the orderly movement of vehicular traffic and
would be reasonable and safe upon any state highway, or portion
thereof, that is otherwise subject to a maximum speed limit of 65
miles per hour, the Department of Transportation, with the approval
of the Department of the California Highway Patrol, may declare a
higher maximum speed of 70 miles per hour for vehicles not subject to
Section 22406, and shall cause appropriate signs to be erected
giving notice thereof. The Department of Transportation shall only
make a determination under this section that is fully consistent
with, and in full compliance with, federal law.
(b) No person shall drive a vehicle upon that highway at a speed
greater than 70 miles per hour, as posted.

And just to be a nice guy. For those of you that get cited for 22350- exceeding posted speed limit (under 65 MPH limits)

22350. No person shall drive a vehicle upon a highway at a speed
greater than is reasonable or prudent having due regard for weather,
visibility, the traffic on, and the surface and width of, the
highway, and in no event at a speed which endangers the safety of
persons or property.

READ THIS:

22351. (a) The speed of any vehicle upon a highway not in excess of
the limits specified in Section 22352 or established as authorized
in this code is lawful unless clearly proved to be in violation of
the basic speed law (22350).
(b) The speed of any vehicle upon a highway in excess of the prima
facie speed limits in Section 22352 or established as authorized in
this code is prima facie unlawful unless the defendant establishes by
competent evidence that the speed in excess of said limits did not
constitute a violation of the basic speed law at the time, place and
under the conditions then existing.

This does not apply if you get cited for 22349(a)- exceeding 65 MPH max.

 

I've seen your mom more this week than I've seen my GF.

 

 

*** Upate *** -

Here's the scooop....

I received my "docket letter* in the mail and it says to appear on the 20th.

I checked online to see if I am eligible for traffic school and WOOHOO...!!!

I still need to show a police officer that I have my front plates installed...

Although the CHIPPIE said I was speeding...I was only cited for *Unsafe Lane Change* and *Fix it* - License Plate -

The fine was about $290.00 reduced fee of $250.00 or something -

Advice: Should I still talk to the judge and explain to him that the unsafe lane change was because he said I didn't signal? Again, he pulled me over from the side and I tried to tell the chippie that I did signal and that the lights don't blink.

Should I tell the judge that I am gulity with an explanation and see what happens...Pay the bail and go to traffic schoo...? Show up to court and see if the case gets dismissed if the cop doesn't show up..?

Advice???

Drive safe this weekend everyone...!!!

Bobby =)

 

From what I know, this court date is just for you to appear and make a plead, if you plead no contest or gulity than you pay whatever the fine/bail is, or Judge could reduce it, if you plead not guilty? Judge will set another court date for trial, its then that cop suppose to show up, not this one.