Not Guilty !!
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From: Sunnyvale, CA
Remember Sharks in the Park last Summer? Well, I was slightly delayed by a meeting with some of the fine representatives of the law in Oakland, California.
We had a grand time discussing my driving practices on Scenic Drive just outside of the park. I also couldn't help but notice that it was a mass street sweeping operation involving practically every car passing that section of roadway on which were situated several motorcycle officers with radar guns in hand. However, I also noticed while watching for some time following my introduction to one of them that motorcycles were seemingly immune to their attention. Interesting. I set off to inspect the roadway over which I was accused of traveling at an excessive speed. And a short time later I returned to further my observance of the officer's duties. I watched and watched and even struck up a conversation with some of them for awhile. Fun and games.
Well, I disagreed with the determination of the officer who first made my acquaintance. And evidently so did the People of the State of California, who, represented by the Court, acquitted me of such nasty and thoroughly incorrect accusations.
We had a grand time discussing my driving practices on Scenic Drive just outside of the park. I also couldn't help but notice that it was a mass street sweeping operation involving practically every car passing that section of roadway on which were situated several motorcycle officers with radar guns in hand. However, I also noticed while watching for some time following my introduction to one of them that motorcycles were seemingly immune to their attention. Interesting. I set off to inspect the roadway over which I was accused of traveling at an excessive speed. And a short time later I returned to further my observance of the officer's duties. I watched and watched and even struck up a conversation with some of them for awhile. Fun and games.
Well, I disagreed with the determination of the officer who first made my acquaintance. And evidently so did the People of the State of California, who, represented by the Court, acquitted me of such nasty and thoroughly incorrect accusations.
Last edited by Ron_H; Nov 20, 2008 at 06:51 PM.
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dr bob,
If that comment wasn't in jest....
The basis for hacker-P's not guilty thread was a monster collection of pages. Perhaps one of the largest one topic runs on the 928 forum. Seemed like everyone using the 928 forum commented.
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If that comment wasn't in jest....
The basis for hacker-P's not guilty thread was a monster collection of pages. Perhaps one of the largest one topic runs on the 928 forum. Seemed like everyone using the 928 forum commented.
ARCHIVES...
Thread Starter
928 Barrister
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From: Sunnyvale, CA
Slower section of Scenic Drive (Grizzley Peak Blvd) above Berkeley. Came around a corner following a car and a bike. Immediately I notice the road drops steeply and straight, with some "people" standing in the road looking at us from a way off just before a corner. Then I hear the V-1 on and then off. The bike is flagged on by, the car in front is greeted at the bottom of the hill by a cop flagging him over, and then I am granted the same amount of attention from another of the pack holding a radar gun and a citation book. He asked me if I knew the speed limit in the area. I replied that I did not because I was from out of the area, and......(he cut me off and started writing). It was for ..........I forgot how much over the 30 mph limit. I smiled at the nice guardian of our public safety and asked if he knew how to find the Porsche meeting in the park. In true police officer accuracy and with an even larger grin, he directed me back about 300 yards to the intersection of South Park Drive and Grizzley Peak Blvd. Of course I KNEW he was wrong because I just came from that direction and hadn't found it there. So I waved a big goodbye to the charming fellow, and laid a patch in the other direction (naw, I wouldn't do that!), and set off to find a speed limit sign. I searched and searched. No sign. I searched and scratched my head. No sign. I continued. Finally I found a sign about two miles away. (read the code: it is ONE MILE increments suggested/encouraged but under unusual circumstances it may be more; these were not unusual circumstances !!) In fact, the intersection at South Park Drive, which should have had a sign just afterward in the direction of travel, had.....NO SIGN. Awful. How would anyone know if they had entered Grizzley Peak Blvd and not been informed? I stomped my feet and cussed alot. **** me off!! No Sign !
In this case,the basic speed law applies.
I called the Caltrans district for the area, and they told me to call the Oakland PD, in search of an ETS (engineering and traffic study). After several tries on several different days, I found the bugger, and I got a copy. I studied the freaking flawed document, that took measurements on curves and at intersections. Hey! Hey! Can't do that. I cussed and stomped my feet somemore.
But then I started to smile. I pled Not Guilty to the clerk over the phone and asked the bail amount and if I could have an extension of time to allow the officer to transfer out of the district? I was granted an extension of time by the friendly and accomodating young lady on the phone. I smiled even more, almost cracking my face.
Then I sat down and wrote a nasty letter to the Court explaining why they were operating a speed trap and what code sections supported my allegations. In the mail it went.
But wait. The best part was left out! After searching for the sign and finding none within legal distance, I returned to the cite site to watch the fine officers administer doses of "where the F do you guys think you're going in such a hurry". I smiled as car after car was flagged over by the gang of bears with hardly a break unless every officer was busy writing. No bikes were stopped. I kept smiling. Soon I approached the busy gentlemen and asked softly if they could again direct me to the Porsche Club functon in the Park. I got another answer in another direction! What a shock! Who would think a cop would direct anyone to the wrong location?? Well, I set off to find Bill Ball and his gang with renewed hope for salvaging the rest of the day. No luck. The cops had again given me challenging directions. Of course I knew it was not thier fault; they were doing the best job they could do, right? (lucky my daughter was not being raped in the park!! 6 + cops writing citations for speeding to everyone they could on a road that was illegally posted using a flawed ETS and incorrectly placed signs!!) So I again came back to chat with these jovial and congenial fellows and watch as they made Oakland's bank account fatter and fatter. They had nothing better to do I suppose. Everyone around here knows Oaktown is crime free, right? Wrong ! After more observance from a safe distance, and more smiling, I again approached them and we had more interesting chatter and I concluded that I had achieved my purpose as they all waved me goodbye and displayed wide smiles this last time around. Mission accomplished. (hey don't tell this to anyone on the rennlist or they'lll all know it. thanks). I went to find Bill Ball's party. Aw sh*t. Everyone had left. I was pissed again.
Back to the story: I wrote volumes about what was wrong with the traffic system in the most important country in the world, (sort of like I'm doing here), and then edited it to a few paragraphs detailing my points and authorities supporting my claim of FOUL on the part of the nice officers.
The court agreed. But not for any of the legal reasons cited. For one reason alone. But a win is a win, no matter how, isn't it? Of course it is. Shoot lots of bullets, and one of them should find its mark. Remember the big wave? The officer did not reply to this "trial by declaration". Anti-climatic? Maybe. But never count on it, because the case may need to be appealed. Count on setting that eventuality up. I still had some bullets in the gun to use against this freaking SPEED TRAP which is abhorred by the California State Legislature.
For your information, NorCal 928ers, the ETS speed should have been set at 40 along that section of GPB, according to the raw data. FWIW, in case you return next year and the happy bikers in blue are back disturbing your peace.
End of story.
In this case,the basic speed law applies.
I called the Caltrans district for the area, and they told me to call the Oakland PD, in search of an ETS (engineering and traffic study). After several tries on several different days, I found the bugger, and I got a copy. I studied the freaking flawed document, that took measurements on curves and at intersections. Hey! Hey! Can't do that. I cussed and stomped my feet somemore.
But then I started to smile. I pled Not Guilty to the clerk over the phone and asked the bail amount and if I could have an extension of time to allow the officer to transfer out of the district? I was granted an extension of time by the friendly and accomodating young lady on the phone. I smiled even more, almost cracking my face.
Then I sat down and wrote a nasty letter to the Court explaining why they were operating a speed trap and what code sections supported my allegations. In the mail it went.
But wait. The best part was left out! After searching for the sign and finding none within legal distance, I returned to the cite site to watch the fine officers administer doses of "where the F do you guys think you're going in such a hurry". I smiled as car after car was flagged over by the gang of bears with hardly a break unless every officer was busy writing. No bikes were stopped. I kept smiling. Soon I approached the busy gentlemen and asked softly if they could again direct me to the Porsche Club functon in the Park. I got another answer in another direction! What a shock! Who would think a cop would direct anyone to the wrong location?? Well, I set off to find Bill Ball and his gang with renewed hope for salvaging the rest of the day. No luck. The cops had again given me challenging directions. Of course I knew it was not thier fault; they were doing the best job they could do, right? (lucky my daughter was not being raped in the park!! 6 + cops writing citations for speeding to everyone they could on a road that was illegally posted using a flawed ETS and incorrectly placed signs!!) So I again came back to chat with these jovial and congenial fellows and watch as they made Oakland's bank account fatter and fatter. They had nothing better to do I suppose. Everyone around here knows Oaktown is crime free, right? Wrong ! After more observance from a safe distance, and more smiling, I again approached them and we had more interesting chatter and I concluded that I had achieved my purpose as they all waved me goodbye and displayed wide smiles this last time around. Mission accomplished. (hey don't tell this to anyone on the rennlist or they'lll all know it. thanks). I went to find Bill Ball's party. Aw sh*t. Everyone had left. I was pissed again.
Back to the story: I wrote volumes about what was wrong with the traffic system in the most important country in the world, (sort of like I'm doing here), and then edited it to a few paragraphs detailing my points and authorities supporting my claim of FOUL on the part of the nice officers.
The court agreed. But not for any of the legal reasons cited. For one reason alone. But a win is a win, no matter how, isn't it? Of course it is. Shoot lots of bullets, and one of them should find its mark. Remember the big wave? The officer did not reply to this "trial by declaration". Anti-climatic? Maybe. But never count on it, because the case may need to be appealed. Count on setting that eventuality up. I still had some bullets in the gun to use against this freaking SPEED TRAP which is abhorred by the California State Legislature.
For your information, NorCal 928ers, the ETS speed should have been set at 40 along that section of GPB, according to the raw data. FWIW, in case you return next year and the happy bikers in blue are back disturbing your peace.
End of story.
Last edited by Ron_H; Nov 20, 2008 at 09:22 PM.
Dan
'91 928GT S/C
475hp/460lb.ft
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928 Barrister
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From: Sunnyvale, CA
This has nothing to do with speed. It has to do with revenue. Flawed engineering studies, mass arrests, illegal postings. This was a classic speed trap. What makes you think anyone was driving at excessive speed that day? Every car they could write was written. soccer moms, young people, older people, probably nuns. Everyone but motorcycles. I watched for a LONG time on three different occasions. The only ones that didn't escape were those that passed when all officers there were writing someone else and couldn't write any more. But, hey, if submission is your prefernce, to each his own.
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928 Barrister
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From: Sunnyvale, CA
The nice officers were all solo bike officers. All the bikes lined up in a neat row while one would step out into the line of travel to flag down the next "suspect". I would have asked the same question, but for some reason I thought it best I refrain from pointing out this seeming incongruity in their behaviour.

