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Police Possibly Saw a Violation Without Taking Action at the Time

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  • 01-20-2013, 09:42 PM
    carverd
    Police Possibly Saw a Violation Without Taking Action at the Time
    My question involves a traffic situation from the state of California

    First, thank you for any feedback.

    I was in my car alone, in lane #1 of 2 at a stoplight at night, poor lighting, no traffic, a black SUV next to me.
    Upon the light turning green, I accelerated in a brisk manner as I know the road narrows to one lane ahead while not exceeding the 35 mph limit.
    There was no spinning of the tires or swerving etc., but I could see how law enforcement may take the acceleration to be aggressive.
    At the end of the road, I turned to go to my house approx. 1 mile away.
    As I was exiting my car at my house, the black SUV next to me at the light, which was going a different direction after the next light, drives by my house, and I hear him say with his window down "yeah that's him".
    The only way he could have found my house so quickly was via a plate id and radio call.
    There was no further contact that night.

    My question is, if he was off duty law enforcement and in his opinion a traffic violation took place, is a citation still possible since I was not confronted or positively id'd at the time?
    If a citation is still possible, what would be the best course of action to challenge what I feel is a questionable observation?

    Thank you.
  • 01-21-2013, 08:16 AM
    cdwjava
    Re: Possible Observed Violation Without Action at the Time
    Yes, you could be cited based upon third party observation. If cited, you can plead "not guilty" and go to trial. I am not sure what you think you might be cited for, but that's how you'd contest it.
  • 01-21-2013, 08:37 AM
    carverd
    Re: Possible Observed Violation Without Action at the Time
    Thanks cdw, yes I'm also not sure what I'd be cited for, but the adjacent vehicle showing up minutes later made me review what happened.
    Only thing I can think of was he thought I was in an acceleration contest from the light (exhibition of speed?) or maybe broke the 35mph limit since
    my vehicle got out in front of his quickly. At that point we were single file in a single lane as the lanes merged so only our separation was viewable.
    Thanks for the feedback.
  • 01-21-2013, 08:44 AM
    cdwjava
    Re: Possible Observed Violation Without Action at the Time
    Unless your tires lost traction, you exceeded the speed limit or safe speed, or performed some other act in viokation of the CVC, merely accelerating up to the speed limit after a signal or stop is not a violation.
  • 01-21-2013, 08:57 AM
    carverd
    Re: Possible Observed Violation Without Action at the Time
    Thanks, I don't believe my tires lost traction or I exceeded the speed limit.
    Appreciate the information, coffee is on me.
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