Using Tobacco While Issuing a Traffic Ticket

[hellothere]

My question involves police conduct in the State of: California.... I was stopped on a traffic citation. The CHP was buzzed and had his dark shades on and chewing a mouth full of tobacco. He was spitting out as he was speaking and talking unclear at times. I asked him if he was looking at his radar, he stated yes. I don't understand seeing that he was buzzed and not paying close attention to the right car speeding. I found a law regarding the use of tobacco while on duty -210.64 & 210.65 (No chewing tobacco on duty or in a state vehicle) does this apply to the CHP officeres?

If so, is there a valid proof that the officer was not paying close attention and his estimated judgement on my speed is incorrect.

[M'sta Mikey]

And how would you
1. prove he was 'buzzed'?
2. show that his chewing tabacco inpaired his judgement as to your speed?

If I understand you correctly, he obtained your speed via radar, not visual observation so #2 is a moot point. #1 is dead as well.

What he did was unprofessional but it's not criminal nor does it cloud his judgment. Pay the fine or fight it but if you state to a judge what you stated here, be prepared...it's not going to be pretty!

[THEAMAZINGCHAN]

he wasn't buzzed. he was almost immune to the nicotine buzz at that point. unless it was his first few times using it but then he wouldn't have stuffed his mouth with it if it was new to him and he hadn't built up his tolerance yet.

[cdwjava]

I don't know what "law" you were referring to, but the CHP has a policy against the use of tobacco. You are certainly free to make a complaint to his commander, and I suspect he'll get "spanked" over it as chewing tobacco in public and in their vehicle is a problem.

However, the personnel complaint will do nothing to help you in your defense.

- Carl

[Joshuadeuce1]

OP, I know this is going to be a minority opinion here, but can you prove the cop was using tobacco? I mean, if he is willfully violating one department policy........

[cdwjava]

OP, I know this is going to be a minority opinion here, but can you prove the cop was using tobacco? I mean, if he is willfully violating one department policy........

It's a heck of a stretch to say that if he is violating a policy against tobacco that he is also making unlawful stops.

- Carl

[edwards.wb]

In theory a case could be made, if you assert that the officer was using tobacco on duty in violation of policy. Then go further to cite studies on the impact of tobacco on judgement and perception. I don't know where the AMAZINGCHAN is getting this incredible insight into the officer's state of mind, as well as an understanding of the officer's personal routines and habits.

I'm not saying you'd win, I'm just saying that a case could be made, but trying to get out of a traffic ticket on a minute technicality seems a little overboard...

It wouldn't hurt to file a complaint about the officer though regardless of the status of your ticket

[cdwjava]

That would be a long way to go for nothing and I doubt any judge would remotely consider allowing ANY testimony about tobacco and any studies related to it.

[THEAMAZINGCHAN]

In theory a case could be made, if you assert that the officer was using tobacco on duty in violation of policy. Then go further to cite studies on the impact of tobacco on judgment and perception. I don't know where the AMAZINGCHAN is getting this incredible insight into the officer's state of mind, as well as an understanding of the officer's personal routines and habits.

I'm not saying you'd win, I'm just saying that a case could be made, but trying to get out of a traffic ticket on a minute technicality seems a little overboard...

It wouldn't hurt to file a complaint about the officer though regardless of the status of your ticket

its not all that amazing. just ask someone who uses tobacco about it! or perhaps i use/used tobacco once myself. knowing the effects of tobacco and or the effects of progressive tolerances of addictive psychoactive substances is not amazing
start here...
http://www.erowid.org/

then go have a chew!

[THEAMAZINGCHAN]

I think i saw this once on chips. Ponch was chewin' and Jon wanted him to stop. There were these moments when the sarge would come up on him and Ponch needed to spit but couldn't. And once he spit when he was on his chips bike and it was a real hoot!