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  1. #11
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    Oct 2016
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    Default Re: 18 Inches from Curb Ticket

    Quote Quoting Harold99
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    Common sense and personal experience says otherwise. There are laws and there are practiced/enforced laws. If you don't know the difference, you don't get out much.

    Exactly where will 56 in a 55 most certainly get any driver a citation for speeding? I say BS! WHERE?
    A little down North of me called Hampton, Arkansas. They aren't as bad as they used to be.

    Plus right here in my town 21 in a 20 school zone will get you at least pulled over.

  2. #12
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    Jul 2016
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    Paso Robles, California
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    Default Re: 18 Inches from Curb Ticket

    Quote Quoting Harold99
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    There is the law, and there is the practiced law. You should learn the difference. Parking enforcement will likely write up any car parked that way if it is in their face. A cop will next to never write up a car for going 3mph over the speed limit.
    First, cops don't cite cars they cite people.

    Second, I have no idea what you mean by "practiced law", however, traffic officers "practices" are not the law.

    On January 1, 1960 a maximum speed limit of 65 miles per hour became effective in California. This speed limit sets an absolute speed on all vehicles, although certain types of vehicles may be restricted to a lower speed limit. The following are examples of these maximum speed laws.

    VC 22349(a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.
    VC 22349(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour …
    VC 22356(b) No person shall drive a vehicle upon that highway at a speed greater than 70 miles per hour…

    Just because a police officer doesn't cite you for going "3mph over the speed limit" doesn't mean you aren't violating the law.
    *****
    I may not always be right, but I am never wrong.

  3. #13
    Join Date
    Feb 2020
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    620

    Default Re: 18 Inches from Curb Ticket

    Quote Quoting Jim Kozlovich
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    First, cops don't cite cars they cite people.
    Oh really? So if someone gets a parking citation in my car, that anonymous person will be notified and fined?

    The cite follows the car, not the driver. To be paid by the owner, not the driver.

    Second, I have no idea what you mean by "practiced law", however, traffic officers "practices" are not the law.

    On January 1, 1960 a maximum speed limit of 65 miles per hour became effective in California. This speed limit sets an absolute speed on all vehicles, although certain types of vehicles may be restricted to a lower speed limit. The following are examples of these maximum speed laws.

    VC 22349(a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.
    VC 22349(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour …
    VC 22356(b) No person shall drive a vehicle upon that highway at a speed greater than 70 miles per hour…

    Just because a police officer doesn't cite you for going "3mph over the speed limit" doesn't mean you aren't violating the law.
    Google on soldier.

  4. #14
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    Oct 2016
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    Default Re: 18 Inches from Curb Ticket

    Quote Quoting Harold99
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    Oh really? So if someone gets a parking citation in my car, that anonymous person will be notified and fined?

    The cite follows the car, not the driver. To be paid by the owner, not the driver.
    No, they will cite the owner of the car as the law allows.

  5. #15
    Join Date
    Feb 2020
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    620

    Default Re: 18 Inches from Curb Ticket

    Quote Quoting PayrolGuy
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    No, they will cite the owner of the car as the law allows.
    Isn't that what I said? "To be paid by the owner, not the driver."

  6. #16
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    Default Re: 18 Inches from Curb Ticket

    Quote Quoting Harold99
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    Isn't that what I said? "To be paid by the owner, not the driver."
    Sort of but you did it by questioning someone after they had simply said, "First, cops don't cite cars they cite people."

  7. #17
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    Sep 2005
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    California
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    Default Re: 18 Inches from Curb Ticket

    To clarify (and I am pretty sure you all know this already), in California a PARKING citation follows the car and not the driver (since there usually is NOT a driver if a parking cite is issued), and the police can also issue parking cites ... they just tend to prefer not to. The way the state gets their pound of flesh on an unpaid parking cite is by attaching a lien on it that has to be paid off before the vehicle can be transferred or added to the annual registration.

    And, yes, you CAN be cited for going even 1 MPH over the posted speed limit. However, making the case in a court might be difficult since all means of speed measurement (visual estimation, radar, lidar, pacing) are subject to some measure of error. Any officer with a modicum of brains is not going to issue a cite for that 1 MPH level. The unwritten rule/practice/guideline is to cite only if the speed is 5 MPH or more over the limit. There are times and places where law enforcement will be less tolerant of speeding than others.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #18
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    Feb 2020
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    620

    Default Re: 18 Inches from Curb Ticket

    Quote Quoting cdwjava
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    To clarify (and I am pretty sure you all know this already), in California a PARKING citation follows the car and not the driver (since there usually is NOT a driver if a parking cite is issued), and the police can also issue parking cites ... they just tend to prefer not to. The way the state gets their pound of flesh on an unpaid parking cite is by attaching a lien on it that has to be paid off before the vehicle can be transferred or added to the annual registration.
    Then if the DMV is holding the car "hostage" until the parking cite is paid, along with the late fees, why aren't they pursuing the driver if he is the responsible one? If the driver was responsible, and not the car, how can the driver just walk away from the car at that point with no repercussions? If the car registration is the collateral then the car is the one paying the cite, sort of.

    And, yes, you CAN be cited for going even 1 MPH over the posted speed limit. However, making the case in a court might be difficult since all means of speed measurement (visual estimation, radar, lidar, pacing) are subject to some measure of error. Any officer with a modicum of brains is not going to issue a cite for that 1 MPH level. The unwritten rule/practice/guideline is to cite only if the speed is 5 MPH or more over the limit. There are times and places where law enforcement will be less tolerant of speeding than others.
    The basic speed law, road surveys, average traveled speed on that road would also work against a 1mph over cite. Also, as someone who has received more speeding tickets than everyone on this site combined, I can say that cops in CA do not write for 10 or less over the speed limit. Something very unusual would have to be in play to write 5 over...like right now when they lost huge revenue for not writing cites for the last two months.

  9. #19
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    Oct 2016
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    Default Re: 18 Inches from Curb Ticket

    Quote Quoting Harold99
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    The basic speed law, road surveys, average traveled speed on that road would also work against a 1mph over cite. Also, as someone who has received more speeding tickets than everyone on this site combined, I can say that cops in CA do not write for 10 or less over the speed limit. Something very unusual would have to be in play to write 5 over...like right now when they lost huge revenue for not writing cites for the last two months.
    I'm sure the California law enforcement community is happy that you speak for all of them.

  10. #20
    Join Date
    Sep 2005
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    California
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    Default Re: 18 Inches from Curb Ticket

    Quote Quoting Harold99
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    Then if the DMV is holding the car "hostage" until the parking cite is paid, along with the late fees, why aren't they pursuing the driver if he is the responsible one? If the driver was responsible, and not the car, how can the driver just walk away from the car at that point with no repercussions? If the car registration is the collateral then the car is the one paying the cite, sort of.
    Because if the vehicle were parked, there is no driver to hold accountable. Ergo, the parking cite and the associated financial responsibility attaches to the vehicle. If you loan your car to someone who gets a parking ticket, your recourse is to sue or strong arm your friend to pay you for the parking cite ... or not.

    The basic speed law, road surveys, average traveled speed on that road would also work against a 1mph over cite. Also, as someone who has received more speeding tickets than everyone on this site combined, I can say that cops in CA do not write for 10 or less over the speed limit. Something very unusual would have to be in play to write 5 over...like right now when they lost huge revenue for not writing cites for the last two months.
    I don't think your speeding cites are something to be proud of. It sort of says a lot about you that you seem to be proud of this little gem.

    As for thinking they don't cite for anything less than 10 MPH over, you are welcome to that opinion, but it is not true. More true on the freeways, perhaps, but not true on local roads or county highways. 10 MPH over is not much on a freeway with a 70 MPH speed limit, but 10 MPH over on a 25 MPH residential street can be considerable.

    As for the revenue thing, speed cites make almost no money for local jurisdictions and none for the CHP. So, it is a fallacy that the agency is rewarded for moving citations. Parking cites are where the money is, not movers. The moving cite you might pay $283 for could net the city about $7, but the $35 parking cite could net them $28. The moving cite is subject to overtime at court, the parking cite is not. The parking cite is a win for the city whereas the moving cite is a net loser when you take into account the officer's time and the fact that it can be challenged thus subjecting the agency to massive overtime that they'd need another 25+ cites to cover. So, if it were about money, officers would be in golf carts and carrying chalk sticks. **The only notable exception to his is red light camera tickets which ARE a money maker. But, few agencies operate these and some - like in Los Angeles - seem to rely on voluntary compliance without court action.**
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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