FAQs

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" colspan=2 height=110 BGCOLOR="#FFFFFF" TEXT="#080000" bgproperties="fixed" background="11cf0f21egerdp.jpg"> <div> <B><IMG SRC="11d203c0.jpg" border=0 width="32" height="60" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></B><FONT SIZE="5" COLOR="#66334C" FACE="Arial" ><B>Hey Sarge!</B></FONT><B>      |     </B><A HREF="index.htm" TARGET="_top" TITLE="Hey Sarge!"><U><B>home</B></U></A></div> <div> <A HREF="id17.htm" TARGET="_top" TITLE="Whaddya wanna know?"><U>Whaddya wanna know?</U></A>   |   <A HREF="id18.htm" TARGET="_top" TITLE="My Favorite Links"><U>My Favorite Links</U></A>   |   <A HREF="id19.htm" TARGET="_top" TITLE="Contact Me"><U>Contact Me</U></A>   |   <B>FAQs</B>   |   <A HREF="id21.htm" TARGET="_top" TITLE="Photos"><U>Photos</U></A>   |   <A HREF="id32.htm" TARGET="_top" TITLE="Police Wreck"><U>Police Wreck</U></A>   |   <A HREF="id24.htm" TARGET="_top" TITLE="Not for the faint of heart!"><U>Not for the faint of heart!</U></A>   |   <A HREF="id25.htm" TARGET="_top" TITLE="Odds and ends"><U>Odds and ends</U></A>   |   <A HREF="id26.htm" TARGET="_top" TITLE="State Vehicle/Transportation Codes"><U>State Vehicle/Transportation Codes</U></A>   |   <A HREF="id28.htm" TARGET="_top" TITLE="California Bail Schedule"><U>California Bail Schedule</U></A>   |   <A HREF="id29.htm" TARGET="_top" TITLE="Comments"><U>Comments</U></A>   |   <A HREF="id31.htm" TARGET="_top" TITLE="Survey"><U>Survey</U></A>   |   <A HREF="id30.htm" TARGET="_top" TITLE="Restaurant Review"><U>Restaurant Review</U></A></div> <div> </div> </td> </tr><tr> <td valign="top" width=210 BGCOLOR="#FFFFFF" TEXT="#080000" bgproperties="fixed" background="11bf2f02egerdp.jpg"> <div> This is in a constant state of change and additions based on California law. Your state may differ, so do not be afraid to call your local agency and ask them if you have any other questions.</div> <div> Please be patient!</div> <div> In the meantime, if you have any questions that might be of general interest, please send them via E-Mail and I will include them here.</div> <div> In the course of these questions you may notice I use "he" or "him" a lot referring to drivers and such. No disrespect is meant to female drivers. Consider it gender neutral. It's just easier than doing "him/her" all the time. Besides, it's usually the guys at fault anyway, isn't it ladies?</div> <div> There! How's THAT for PC?</div> </td> <td valign="top" height=370 BGCOLOR="#FFFFFF" TEXT="#080000" bgproperties="fixed" background="11ef0f03.jpg"> <div> <I>FAQs</I></div> <div> NOTICE: Occasionally I will receive a request for information through my guestbook. When I re <STYLE>  </STYLE>  ply, I get an e-mail response that  the message is undeliverable or the address does not exist. Rest assured, I do reply to all inquiries (eventually). If you do not receive a response, please try and e-mail me directly if you still have a question or comment.</div> <div> Thank you</div> <bR> <bR> <div> The officer says I ran a red light. I know it was yellow. How can I prove it wasn't red when I entered the intersection?</div> <bR> <div> You might not be able to. These are often "no wins" in court. This is one of the most commonly used excuses, "The light was yellow." Quite often, what happens is, you see the light is yellow and elect to try and make it. When you look back down, checking for cross traffic and left turners it turns red before you make it to the intersection. But if it really WAS yellow, try this...</div> <div> Take the speed you were travelling and multiplying by 1.467. This will convert you to Feet per Second. Determine how far back you were from the intersection when the light changed to yellow. Now, time the yellow lights at this intersection for a few phases. I know, it will involve some time on your part, but isn't it worth it to maybe get out from under the cite?</div> <div> Many yellow signals are 3-4 seconds, depending on the speed limit. If you were within "X" number of feet at a certain speed you probably should have made the signal. Outside of that, most likely not.</div> <div> Heres an example:</div> <bR> <div> You're driving at 40 MPH. Multiplied by 1.467, you will be traveling at about 59 FPS (Feet per Second). The yellow light has a three second duration. In three seconds, you would move 176 feet, assuming a constant speed. If you were within this distance you might make the light; obviously the closer you are to the 176 feet, the greater the likelihood of you not making it, but if you were considerably closer you should be able to do so without a problem, especially since most people speed up to make the light. This is not an absolute, however as the timing may vary very slightly but it gives you a good starting point.</div> <bR> <div> CAVEAT: Do not try and beat yellow signals. They indicate the signal is about to change. It's not worth losing a minute to try and beat a light. Many signals now have overlaps where the intersection goes red all around for a couple of seconds, but not all. Don't take the chance. For every one of us trying to beat a yellow signal, there is the guy waiting to jump his green light the millisecond it turns green.</div> <bR> <div> I had to run the light otherwise the guy behind me might have hit me</div> <bR> <div> Again, very common as an excuse. If this IS the case, hope the Judge buys it but do not be surprised if he doesn't. Unless the guy jumped on your tail just before the light turned, you should always pull over and let him/her pass. Don't play roadway police by trying to get him/her to slow down. Remember, there is always somebody bigger 'n badder than you are. Keep your mouths and fingers to yourself while driving. Take care of yourself and don't worry about the other guy. ( 'course, how often are WE the other guy? Hmmm??)</div> <bR> <div> The officer wrote me up for not stopping at a stop sign. There was nobody coming, so I slowed and went through</div> <bR> <div> Boy, I wish I had a nickel for everytime I've heard, "He just came out of nowhere. I never saw him!" No, he didn't just come out of nowhere. YOU just didn't see him as you were rolling that stop sign and," BAM !"</div> <div> Stop signs are not discretionary; they require you to bring your vehicle to a full and complete stop before entering the intersection. Often, signs are placed because of an accident history at the intersection. Many collisions occur close to home. Why? Because it is the area you are most familiar with. As a result, you get too comfortable with the signs and signals in your area and tend to ignore them. Shame on the poor out of towner that happens to show up at YOUR intersection as you "slow" but don't "stop". </div> <div> When I was working traffic actively, I'd sit and watch a stop sign or two occasionally. What was I watching for on the car? Hubcaps and lugnuts. Those fins and nuts and very easy to see come to a complete stop.</div> <div> Did I ALWAYS write a stop sign violation? Nope. At 3AM with no traffic but you and me, I'd often stop and advise. Yeah, there was no traffic and yes you did commit a violation but if a word to the wise was sufficient, neither one of us needed the ticket THAT bad.</div> <bR> <div> I got a ticket for NOT going on a green light. Can he do that?</div> <bR> <div> Yep. In California you must proceed when the light turns green. There is a separate violation for it but you also may get cited for impeding traffic.</div> <bR> <div> RADAR! Ugh!! (Two exclamation points make it worse, you know!!) I got stopped for speeding. The officer was using radar but wouldn't/didn't show me the reading. Doesn't he have to lock it in?</div> <bR> <div> Nope. Sorry, but here's why a lot of guys don't lock in their readings. Properly working RADAR is not just a matter of "point and shoot". A trained operator visually estimates the speed of a target vehicle; most of us can get within about 3 MPH after awhile. He verifies his estimation of speed with the RADAR unit and tracks that vehicle. As the vehicle passes, and the speed drops off, he knows that is the vehicle he was concerned with. As a result, there is no reading locked in.</div> <div> Depending on the area I worked, I might lock in if there was no other traffic visible in the area. Working heavier traffic, I didn't lock it in because I did not want to write somebody for speed if I was targetting the wrong vehicle. Depending on the drivers attitude, as time and location permitted, I always showed them the unit if they asked. If the speed was locked in, it was flashing there for them. If not, and I got that, "Yeah, RIGHT!" look, I explained why there was no reading. Often, I would let them actually target a couple of cars to show them how it worked. Of course, if they looked like they wanted to conk me on the head with the darn thing, then they didn't get to play with it!</div> <div> I had very few RADAR tickets go to court.</div> <bR> <div> I got a parking ticket for parking in a red zone. I know you can't ordinarily stop in a red, but I thought I was OK with my handicapped placard.</div> <bR> <div> Having a "Disabled Person" placard has it's perks; the problem is you have to have some type of disability to enjoy them. One of the benefits is that you are allowed for an unlimited amount of time in "time limit" zones, such as 20 min areas and you don't have to pay for metered parking. However, if parking/standing/stopping is strictly prohibited either by posting or signs, your placard DOES NOT allow you to park there. I just saw this today when I went to my son's school. A man parked in the red, put up his placard and went to "Grandparents Day." I felt like saying something, but I get enough of playing police officer when I'm ON duty.</div> <bR> <div> My windows are tinted to keep the interior cool. I think it's a good reason, but apparently the officer who gave me the ticket didn't think so. Isn't window tinting legal?</div> <bR> <div> You may tint the back side windows and the rear window if you have an outside right mirror. The front windows are taboo. You can have the top portion of your windshield tinted with several restrictions. There is a type of tint, if you want to call it that, described in the California Vehicle Code as, " clear, colorless and transparent." It is also allowed with restrictions. If you are sensitive to the sun or have a visual condition you can use sun screening devices, but you must be in possession of a doctor's/optometrist's document stating same. These devices cannot be used during darkness. </div> <div> You'll notice I used the term "restrictions" several times. The sections that apply are quite lengthy; if you have any further questions give me a holler for more information.</div> <bR> <div> Why can't I tint my windows? It looks so cool with my car.</div> <bR> <div> Contrary to public opinion, we are not just out to mess with people that have tinted windows. There is a good reason behind the law. Darker surfaces alter the light transmission through the window, making it more difficult to see at night. I have limo tint on my vehicle, and backing at night is a pain 'cause I can't always see clearly what's behind me. The same holds true for your side windows. If there is a car coming without lights, and you're on a collision course, you might not see him until it's too late. With untinted windows there is a better chance you'll see the vehicle. There is a rumor floating around that cops don't like tinted windows because one got killed by a passenger he couldn't see in the vehicle. Not necessarily true. We've been getting killed by passengers for ages in cars that didn't have tint. True, we don't like it because we can't see in but that just makes us more cautious. You might notice our hands a little more tightly gripped around our guns until we are sure nobody inside is armed with a machine gun waiting to take us out. With the popularity of tinted windows, many officers do not consider it a high priority but it is somewhat hazardous. If you have it, be careful, please.</div> <bR> <div> I'm a good driver. These laws are ridiculous</div> <bR> <div> Great, you're a good driver. Can handle yourself in any situation. Know EXACTLY how your vehicle will respond in ANY situation. Congratulations!</div> <div> However, the vast majority of drivers are not experts with their senses finally honed to a razors edge. They're just average people needing some guidance to keep them in line. In fact, there are a good many people I call the lowest common denominator, that shouldn't be driving AT ALL. But they had $15 and got their license anyway, let alone the ones that just drive without a license or training. No, we need laws, of all types. Without them 80% of the people would do the right thing inherently and the other 20% would just do whatever they please with the knowledge nothing will happen to them. Would YOU want to be on the road with somebody like that?</div> <bR> <div> I got a Parking TIcket I didn't deserve. Now what do I do?</div> <bR> <div> California has a three tier system, you might say, that allows you to protest a parking ticket. Here it is in a nutshell:</div> <div> 1)     Your first step is to notify the issuing agency that you are requesting an "Administrative Review" to protest the ticket. The law says you may protest by phone, mail or in person. Do not be surprised if you are asked to mail in your protest. It's easier to keep track of for us. Some of our Departments no longer have one person assigned to this duty, so getting hold of us by phone or in person can be difficult. When you submit your protest, your protest will be handled by an individual responsible for parking ticket matters; he/she may be a sworn officer or a civilian. This person will decide if the citation is valid or not. If it's dismissed, your part is done. The ticket is cleared and you should be notified by mail. IF, however, the party decides it is valid, you are on the hook for the bail whether you want to fight it or not. If you want to continue protesting, see #2 below</div> <bR> <div> 2)     You must pay the bail (fine) up front and request an "Administrative Hearing." This procedure is handled much like a traffic citation in that you will appear in person (or by mail if you choose, but I don't recommend it) before a "Hearing Officer." This person IS NOT an employee of the issuing agency, but may be paid by the agency for their time. You may bring witnesses, photos or any other evidence you feel will help your cause. The issuing officer will not be available; the "Hearing Officer" will review all available paperwork pertaining to your case and will record the proceedings. If the "Hearing Officer" dismisses your citation, you receive a refund from the agency. If it is STILL upheld, the bail is forfeited and you now have one other option available to you in #3 below.</div> <bR> <div> 3)     This is your third and final step. You actually file what amounts to a small claims action against the agency, but you also have to pay a filing fee to the court. Again, bring whatever evidence you feel you need to support your case.Your case will be heard by a Judge or a Commissioner who has the final say in the disposition of your ticket. Again, the issuing officer will not be present unless ordered to court by a subpoena ( check with your court clerk if you would like the officer present, but you may have to pay a non-refundable rather hefty fee to the City/Agency to have the officer subponaed in.) He will review the paperwork filed by the agency, the taped proceedings from your "Hearing" and listen to your evidence.  If you are found guilty, it's all over. If you are found not guilty or the ticket is dismissed, you get you money back from the agency for the fine and filing fee.</div> <bR> <div> <FONT SIZE="3" COLOR="#BF0000" FACE="Arial" >Okay? Clear as mud? I thought it would be. Now, if you're one of those people that REALLY likes to be confused, go here</FONT> <A HREF="http://www.leginfo.ca.gov/calaw.html" TARGET="_top" TITLE="http://www.leginfo.ca.gov/calaw.html"><U>CA Codes</U></A> <FONT SIZE="3" COLOR="#BF0000" FACE="Arial" >and check the Vehicle Code. Type in 40200 in the "Search" box and get ready for a ride. Read everything from Section 40200 through 40230 for the entire text of processing parking citations. Pay special attention to the time limits so you know your rights.</FONT></div> <div> Oh, my slogan? Applies here too. Many jurisdictions rely on parking tickets to fluff up the general funds. I'd much rather see warnings given when possible and tell the owners to move the vehicle. However, you can't warn an unattended vehicle. Warning notices are nice but you don't know if the person already got one. That's why I like our review process. I have the option of dismissing tickets if I think there is justification PLUS I am able to talk to the owner. At least this way, they know I'm giving them a pass...once. I can pull up a plate in the computer and if you've received a ticket in the past for the same thing, well shame on you for trying. There are many violations that could be considered hazardous, but there are some ridiculous ones too. There are also those that were enacted for a certain reason or group of people ( nothing to do with racism here, believe me, so don't get your war bonnet ruffled! )but everybody suffers behind a small groups actions.</div> <bR> <div> I got caught in a speed trap. Or was it? Just what IS a speed trap anyway?</div> <div> (Here it is in California; your state may differ.)</div> <bR> <div> Just because I'm skulking behind a bush or building (it's hard to find low billboards these days) does not mean I'm working a "Speed Trap". I might be working a "Cherry Patch", where picking off speeders is as easy as picking cherries off a tree, but I'm definitely NOT working a "Speed Trap", by legal definition. Oh, and before we get into it further, yes I can sit off the road and yes, I can have my lights off and yes, I can be hidden from view and yes, I CAN write you a speeding ticket. Just because you didn't see ME, doesn't mean I didn't see you. I have a funny story about me stopping by the roadside at night to "check my tires" and not seeing the cop hiding in the bushes. I thought the Almighty had come for me when I heard the booming bass voice out of the darkness say, "Put that thing back in your pants." Anyway, where were we? Oh yes, the "Speed Trap" issue. OK, here it is.</div> <div> A "<B>speed</B> <B>trap</B>" is either of the following: (1) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the <B>speed</B> of a <B>vehicle</B> may be calculated by securing the time it takes the <B>vehicle</B> to travel the known distance. (2) A particular section of a highway with a prima facie <B>speed</B> limit that is provided by this <B>code</B> or by local ordinance under subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie <B>speed</B> limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the <B>speed</B> limit involves the use of radar or any other electronic device that measures the <B>speed</B> of moving objects. </div> <div> So, simply put, a "Speed Trap" is a section of highway where an officer or officers has/have marked off boundaries for a certain distance on the roadway or by marking stationary objects such as light poles, mileage markers etc. Using a timing device, such as a stopwatch, the officer times how long it takes for a vehicle to travel between the two boundaries. Doing some simple math, dividing the distance traveled by the time gives the officer the velocity. Dividing the velocity by 1.467 gives the speed in MPH. There is too much margin of error left up to the officer, so it is therefore illegal. The second definition, very simply, involves using RADAR where the sped limit may be set artificially low (without a valid reason). With a few exceptions, there has to be a speed survey on file conducted within the last 5 years.</div> <div> If you care to read up on it on your own, go here <FONT SIZE="3" COLOR="#0000FF" FACE="Arial" ><A HREF="http://www.leginfo.ca.gov/calaw.html" TARGET="_top" TITLE="http://www.leginfo.ca.gov/calaw.html"><U>CA Codes</U></A> </FONT>Type 40802 (a) in the search box after checking off "Vehicle Code".</div> <bR> <div> I can stop quick. What's the deal with following too close and driving too fast?</div> <bR> <div> OK, here it is in a nutshell. Assuming a reaction/perception time of 1.5 seconds and a coefficient of friction of the roadway of .75, here's how you figure your stopping distance. This is for AVERAGE conditions; all your brakes work appropriately, you're not impaired etc. Variables will give different figures:</div> <div> Square your speed. Divide this by the number "30" multiplied by the coefficient of friction. This will give you your braking distance. Add the distance you travel in FPS (MPH x 1.467 = FPS) x 1.5 to the braking distance and you will have a close APPROXIMATION of how long it will take you to stop. Let's use 60 MPH for the sake of argument. 60 squared is 3600. Divide this by "30 x .75" </div> <div> (22.5). Your BRAKING distance will be 160'. Add the distance traveled during perception/reaction time (1.5 seconds x 88.02 FPS) for another 132' and you get a grand total of TA DA...292'. And THAT'S why we get upset at following too closely and speeding. Now if BOTH you and the car in front are travelling at 60 MPH and HE hits his brakes he is already in the process of stopping. YOU still have to react to his maneuver and since you have to contend with the reaction time and perception time, you will skid another 132'. You will most likely rear end him. Here's a simple skid chart (also referred to as "Distance to Stop").</div> <div> <A HREF="http://www.scottsdalelaw.com/shepston/braking.html" TARGET="_top" TITLE="http://www.scottsdalelaw.com/shepston/br"><U>Skid chart</U></A></div> <bR> <bR> <bR> </td> </tr></table></body>