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  1. #1
    Join Date
    Nov 2016
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    3

    Default How to Fight a Charge for Restricting or Obstructing a Police Officer

    My question involves criminal law for the staI was recently involved in a car accident, where only my car was damaged.

    When the police showed up, they asked if I was the driver, I responded yes. They asked if I was hurt, I responded I dont whish to make any statements. At that point was asked for my license, and I asked if I was being detained. The officer responded in a very agressive tone, you are about to be. So I asked again if I was being detaind and what for, he put me in hand cuffs and said yes I was being detained for obstruction, PC 148(A)(1).

    So I was NOT willfully delaying the police officer, I was trying to understand what was going on, and trying to preserve my rights. I dont deal with police ever, so this was all very new to me. First time in an accident after more than 10 years of driving.

    I more or less only said 3 sentances to the officer before being in handcuffs, and he said about 4-5. For a total of 2-3 minutes. I realize I should have delt with things very differently, however I was just in an accident, and mentally dealing with everything that just happend.

    Looking for any advise on how to deal with this in court. I will defend myself, and ask that the court provide me with a public defender for assistance.

    Things on my agenda
    Discovery
    Pitchess motion
    Also Public records requests for all traning manuals, and information related to traffic accidents

    Thank you for any advice, and please do not lecture me on what I sould have done, I understand what I did.te of:

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: California PC 148 (A)(1) - How to Fight It

    Honest advice, take the public defender and allow them to do their job rather than you trying to blunder your way through it.

  3. #3
    Join Date
    Nov 2016
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    3

    Default Re: California PC 148 (A)(1) - How to Fight It

    I respect that.

    Any other advice on motions I should request. I want to make sure I am well educated on the trial ahead of me. Also looking for any case law that I can read and use.

  4. #4
    Join Date
    Jul 2010
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    8,006

    Default Re: California PC 148 (A)(1) - How to Fight It

    What information regarding traffic accidents are you looking for and why?

  5. #5
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: California PC 148 (A)(1) - How to Fight It

    As free9man said, you really need a lawyer. Based solely on your version of events, you committed the violation and no amount of self justification will get you out of it.

    The officer was there to investigate a traffic accident and potentially enforce the Vehicle Code. That is one of his official duties as a peace officer.

    You identified yourself as one of the drivers and he asked for your driver's license. It doesn't matter whether you were being detained or not, Section 12951(b) of the California Vehicle Code says you are required to present your drivers license to a peace officer upon request under these circumstances. Rather than simply comply, you (by your own account) engaged in a three minute long "Am I being detained?" game with the officer. In doing so, you resisted, delayed and/or obstructed him in the performance of his duties.

    You can stamp your foot and insist that your conduct did not resist, delay or obstruct the officer, but the simple fact is that the officer patiently waited three minutes for you to comply while instead, you played games with him. That is considered resisting, obstructing and delaying.

    You can file a discovery motion, but California judges are very reluctant to release discovery materials directly to a pro per defendant because it may contain home address and telephone information of witnesses and victims, etc. Even when they release this information to attorneys, it is with a court restriction that certain things not be shared with the defendant.

    Pitchess motions are not for the faint of heart. They are not a fishing expedition that allows you to rummage around the officer's personnel file hoping to find dirt. You need to cite specific misconduct relevant to your case that you are looking for and you need to state a reasonable basis for seeking it. If you make a strong enough case, only the judge sees the officer's files in chambers. If he sees something that meets your criteria, he will give you the names and contact information of witnesses you may approach to develop information that may challenge the officer's credibility. You will never see the actual file or the information it contains.

    Training manuals and policies regarding accident investigation won't help you. The officer's right to see your drivers license is already established by law and is allowed under many circumstances in addition to accident investigation. You won't find a policy that prohibits or regulates when a license may be demanded.

    Its not that you are innocent in this matter. It's just that you don't want to be guilty. I don't think anyone here knows of a good defense for that.

  6. #6
    Join Date
    Nov 2016
    Posts
    3

    Default Re: California PC 148 (A)(1) - How to Fight It

    Thank you all for the info. This has by far been the best set of answers.

  7. #7
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: California PC 148 (A)(1) - How to Fight It

    California Penal Code (PC) § 148(a)(1) states:

    148. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

    So the question here is whether you willfully resisted, delayed, or obstructed the officer in discharging his/her duties. You were a driver of a vehicle that had just been in an accident. The officer requested that you provide your license. You are obligated to provide the license upon demand of the police officer by California Vehicle Code (VC) section 12951(b). When asked for your license, you did not comply with that VC provision but instead asked the officer if you were being detained. The officer’s warning that you were about to be detained was a pretty clear indicator that you were testing his patience and that he expected you to promptly provide the license as asked. You again failed to provide the license and instead again asked why you were being detained. There is therefore an argument to be made that you did indeed delay the officer. He wanted to see your license, which state law says you have to provide to him upon demand, i.e. immediately when he asks for it. You instead entered into some verbal games about detention and purposefully did not comply with the officer’s request. While not a slam dunk for the state as all the details do matter, based on your own description of events I wouldn’t automatically agree that you did not willfully delay the officer either.

    The court will be interested in any evidence that bears on the issue before the court: whether or not you willfully resisted, delayed, or obstructed the police officer. You want to get in discovery at least whatever evidence the state will use against you other than the officer’s testimony, i.e. any video of the encounter, etc. While you can ask for copies of procedures and instructions for traffic cases, I fail to see how that is likely to help you. The officer is allowed to ask for your license and it is pretty much standard practice for officers to do that in any traffic stop or accident situation. And it was that request that apparently sparked the exchange that lead to your situation now.

    As for a Pitchess motion, that is commonly done when there is some indication that the defendant was the subject of some kind of police misconduct. But your statement of facts does not suggest any kind of misconduct occurred here. Absent something more than you have said here, the court may well reject you motion. Even if granted, what do you think you’d find in the personnel records of the officer to help you? The whole idea of the motion is to look for evidence of repeated wrongdoing to support your contention that the officer acted wrongly in your case, too. But you need to first be able to identify what conduct you believe was wrongful before you can search for records of other instances of the same kind of misconduct. In other words, right now this sounds to me more like you are going on a fishing expedition here more than anything else.

    I strongly recommend you not represent yourself and that you get a lawyer to handle this for you. If you are not well versed in California law and court procedures you will be at a great disadvantage compared to the prosecutor. Moreover, your own bias in the case may blind you to things you need to see and consider in the case. In part for that reason even most lawyers will not represent themselves in a criminal matter. I certainly wouldn’t represent myself in a criminal matter. If you qualify for a public defender, seize that opportunity and get the PD to represent you.

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