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Ticket for Screeching Tires, VC 22350

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  • 12-14-2018, 04:19 PM
    Paul932
    Ticket for Screeching Tires, VC 22350
    My question involves a traffic ticket from the state of: CALIFORNIA

    Hey guys, this is my first post here! First off, glad to join this forum and be able to contribute and learn from all of you guys!

    Okay now on to the good stuff. Over a month ago I got pulled over after making a left turn. The officer lit me up and I pulled over. It was two motorcycle cops, one pulled up behind me and the other pulled up to the side of my window. The officer who pulled up to my window was “mad dogging” me (best way I can describe it) so I asked him hey what’s going on? Proceeds to mad dog me a little more and then finally asks me why I did what I did back there. At this point I had no idea but if I had to guess it was because my car (Focus RS) has an exhaust that makes pop and bang noises from the factory, and that’s exactly when they lit me up was when I shifted gears and the exhaust popped.

    My response to him was “Do what officer?” Idk if he was having a bad day but he just got enraged and asked me for my license, insurance and registration. I gave him all that was requested and after a few minutes he came back and told me the reason he pulled me over was for screeching my tires through the turn. I kindly told him that I’m pretty sure I didn’t considering my car is awd, it’s not wet and I didn’t hit the turn fast enough to warrant my tires to spin. I was second in line to make the turn and the car in front of me drove way faster through the turn than I did so I was shocked. He didn’t like that and said he was going to be writing me up some tickets and honestly we both started being disrespectful and loud toward each other. I asked for his watch command to come so they called him over. After I requested that they asked me to pop my hood which I declined at first to give them a hard time cause I felt like they were giving me a hard time but at the end I did. After he inspected under my hood and saw everything was standard I went to go close the hood and they told me not to. After that he placed me in handcuffs on the side of the road till his watch command came. When the watch command came I asked him if it’s normal for his officers to cuff people for traffic stops to which he responded sometimes...okay.

    Long story short they wrote me up for unsafe speed 22350 for screeching tires, 27150 for modified exhaust, 26709 for material on my windshield, 26708 tint, and 5200 no front plates.

    I should note on the ticket it says I was going 30 in a 35 zone. Also after about a week a called their department and got a hold of one of the officers and he didn’t remember me by name but when I told him where they pulled me over he remembered. I apologized to him for the way I spoke to them because that’s not normally how I talk to people and he seemed to like that. He said no worries and I didn’t have to call to apologize because we all have our bad days.

    So a few questions, how would you fight the unsafe speed? I’m pretty sure I didn’t break traction.

    Also it’s been about 5 weeks and the ticket still hasn’t shown up on the system, is that normal?

    And also would like to hear your general thought on this situation as well. Thanks in advance for all future replies!
  • 12-14-2018, 05:52 PM
    flyingron
    Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed
    If he said that it was 30 in a 35 and you can show that the conditions were not such as to warrant a slower speed, that this was perfectly prudent.
    The chirping is somewhat of a red herring.

    The fix it issues are easy. Fix them. Get a legal exahust, fix up the glass, and put the plates on your car.
  • 12-14-2018, 06:59 PM
    Paul932
    Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed
    Quote:

    Quoting flyingron
    View Post
    If he said that it was 30 in a 35 and you can show that the conditions were not such as to warrant a slower speed, that this was perfectly prudent.
    The chirping is somewhat of a red herring.

    The fix it issues are easy. Fix them. Get a legal exahust, fix up the glass, and put the plates on your car.

    His point was that it’s never safe to have your tires chirp so that’s why he sighted me, can he even prove that? Lol I’m 100 percent sure I didn’t chirp them. I can’t do anything about the exhaust cause he marked non correctable
  • 12-14-2018, 07:11 PM
    L-1
    Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed
    I see this from a different point of view.

    First, I suspect your demeanor upon being contacted by the officer was not all sweetness and light as you portray. Instead, you decided to exercise your First and Fourth Amendment rights to mock the officer, play dumb, delay him in the performance of his duties and drag your encounter with him out for as long as possible, just to be an annoyance.

    By prolonging your contact with him in such a manner, you created a window of time that allowed him to see many more violations he might otherwise have missed had this been a shorter encounter. Having now observed these violations, he cited you for them appropriately.

    No doubt you think the officer threw the book at you. I would suggest to the contrary – that the officer gave you a break, in spite of you having failed the attitude test.

    Normally, breaking traction is cited at CVC23109(c), a misdemeanor. Instead, the officer cited you for the lesser charge of CVC 22350, unsafe speed. His point (most likely) will be that, considering the traffic on, and the surface and width of the highway, your speed caused you to loose traction and endangered the safety of persons or property, making it unsafe.

    In short, you got the poor man’s exhibition of speed, without being charged with exhibition of speed. He gave you a break. Don’t look a gift horse in the mouth.
  • 12-14-2018, 07:19 PM
    adjusterjack
    Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed
    Your problem is obviously your attitude. I could tell as soon as you described the officer's demeanor as "mad-dogging" you. When you are pulled over you politely say Yes, Sir and No, Sir, be apologetic and contrite and don't argue with the cop no matter how much your manhood demands it. Mouthing off to cops is what gets you lots of tickets. And, guess what, the judge will believe the cop every time.

    I haven't checked (I'll leave it to you) but if 27150 for modified exhaust, 26709 for material on my windshield, 26708 tint, and 5200 no front plates are "fix-it" tickets I suggest you get them taken care of and take copies of your receipts to court and seek dismissal, or whatever the procedure is, and then go to traffic school for screeching tires if you are eligible.
  • 12-14-2018, 07:26 PM
    Paul932
    Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed
    Quote:

    Quoting L-1
    View Post
    I see this from a different point of view.

    First, I suspect your demeanor upon being contacted by the officer was not all sweetness and light as you portray. Instead, you decided to exercise your First and Fourth Amendment rights to mock the officer, play dumb, delay him in the performance of his duties and drag your encounter with him out for as long as possible, just to be an annoyance.

    By prolonging your contact with him in such a manner, you created a window of time that allowed him to see many more violations he might otherwise have missed had this been a shorter encounter. Having now observed these violations, he cited you for them appropriately.

    No doubt you think the officer threw the book at you. I would suggest to the contrary – that the officer gave you a break, in spite of you having failed the attitude test.

    Normally, breaking traction is cited at CVC23109(c), a misdemeanor. Instead, the officer cited you for the lesser charge of CVC 22350, unsafe speed. His point (most likely) will be that, considering the traffic on, and the surface and width of the highway, your speed caused you to loose traction and endangered the safety of persons or property, making it unsafe.

    In short, you got the poor man’s exhibition of speed, without being charged with exhibition of speed. He gave you a break. Don’t look a gift horse in the mouth.

    Hmm interesting that you see it that way. I was actually very polite with him at first. I don’t normally get into it with cops but this time I did. Hence why I called and apologized. And I honestly don’t think he was cutting me a break I just think he didn’t know his codes. If you look them up he wrote the wrong violations for my tint and obstruction of view.

    Quote:

    Quoting adjusterjack
    View Post
    Your problem is obviously your attitude. I could tell as soon as you described the officer's demeanor as "mad-dogging" you. When you are pulled over you politely say Yes, Sir and No, Sir, be apologetic and contrite and don't argue with the cop no matter how much your manhood demands it. Mouthing off to cops is what gets you lots of tickets. And, guess what, the judge will believe the cop every time.

    I haven't checked (I'll leave it to you) but if 27150 for modified exhaust, 26709 for material on my windshield, 26708 tint, and 5200 no front plates are "fix-it" tickets I suggest you get them taken care of and take copies of your receipts to court and seek dismissal, or whatever the procedure is, and then go to traffic school for screeching tires if you are eligible.

    Well you must obviously know everything then my friend. How else would you describe someone looking at you like they wanna beat you up lol and that’s exactly how the watch command said the tickets line up. 1 moving violation and 4 fix it tickets. I should also note that the watch command immediately took my cuffs off when he arrived.
  • 12-14-2018, 07:52 PM
    zeljo
    Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed
    Tires chirping is not sufficient to prove imprudent speed beyond a reasonable doubt. Unless there was low visibility or the surface was slippery, 30 in 35 cannot be a speeding violation. You said there was a car in front of you that drove the same line at an even higher speed. Mention that too.

    5 weeks should have been enough for the tickets to show up in the system. Call the court and ask... don't let your due date pass.

    Quote:

    Quoting Paul932
    View Post
    Hmm interesting that you see it that way. I was actually very polite with him at first. I don’t normally get into it with cops but this time I did. Hence why I called and apologized. And I honestly don’t think he was cutting me a break I just think he didn’t know his codes. If you look them up he wrote the wrong violations for my tint and obstruction of view.

    He was definitely not giving you a break. Cuff you for no good reason, then give you a break with the charge? I think not. Wow.
  • 12-15-2018, 10:32 AM
    Jim Kozlovich
    Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed
    Quote:

    Quoting Paul932
    View Post
    I can’t do anything about the exhaust cause he marked non correctable

    Even though the officer marked your exhaust violation "non-correctable" the court has the final say in whether or not the violation can be correctable. Get your "fix it" violations corrected and have the citation signed off by a law enforcement officer. Normally the local police department will charge for signing off on correctable violations but the Sherriff and Highway Patrol will usually do it free.
  • 12-15-2018, 05:56 PM
    flyingron
    Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed
    Quote:

    Quoting Paul932
    View Post
    His point was that it’s never safe to have your tires chirp so that’s why he sighted me, can he even prove that? Lol I’m 100 percent sure I didn’t chirp them. I can’t do anything about the exhaust cause he marked non correctable

    He doesn't even need a reason to "sight" you. To pull you over all he needs is an articulable suspicion an offense has been committed. Observing the illegal tint, illegal window obstructions, or lack of license plate would be WAY more than sufficient.

    Even if things are not marked correctable, the judge may treat them so. Get the dang things fixed, you are just going to get repeatedly cited for them until you do. Explain to the judge that you've corrected them all and that your speed was not excessive.
  • 12-16-2018, 11:29 AM
    Paul932
    Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed
    Quote:

    Quoting zeljo
    View Post
    Tires chirping is not sufficient to prove imprudent speed beyond a reasonable doubt. Unless there was low visibility or the surface was slippery, 30 in 35 cannot be a speeding violation. You said there was a car in front of you that drove the same line at an even higher speed. Mention that too.

    5 weeks should have been enough for the tickets to show up in the system. Call the court and ask... don't let your due date pass.



    He was definitely not giving you a break. Cuff you for no good reason, then give you a break with the charge? I think not. Wow.

    Yeah definitely going to mention that to the judge, I’m thinking it’s a good question to ask him if he remembers if there were any cars in front of me at the light before we turned.

    Yeah I’ve been checking online everyday to make sure I do t miss it if it pops up. They gave me a May 2019 court date.

    Agreed no break was given

    Quote:

    Quoting Jim Kozlovich
    View Post
    Even though the officer marked your exhaust violation "non-correctable" the court has the final say in whether or not the violation can be correctable. Get your "fix it" violations corrected and have the citation signed off by a law enforcement officer. Normally the local police department will charge for signing off on correctable violations but the Sherriff and Highway Patrol will usually do it free.

    I think I have to go to the state ref to get my exhaust marked off which is around 100 dollars I don’t want to spend until it gets filed. It doesn’t say state ref but almost every chp station I’ve called says they can’t write it off except one in West Covina

    Quote:

    Quoting flyingron
    View Post
    He doesn't even need a reason to "sight" you. To pull you over all he needs is an articulable suspicion an offense has been committed. Observing the illegal tint, illegal window obstructions, or lack of license plate would be WAY more than sufficient.

    Even if things are not marked correctable, the judge may treat them so. Get the dang things fixed, you are just going to get repeatedly cited for them until you do. Explain to the judge that you've corrected them all and that your speed was not excessive.

    He didn’t notice any of that stuff before telling me to pop my hood and do a look around. I feel like he heard my exhaust go off and that’s what made him pull me over because he waited well until after the turn to light me up and only did so when my exhaust made noise
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