jrgordonsenior

... early last Sunday morning (about 7:30) on my way up Hwy. 101 to Santa Barbara. I had stopped for fuel in Agoura and was running late for a breakfast meet with my son and his fiancee. I approached some slower traffic in the left lanes at about 80. I moved over to the right and unintentionally accellerated a bit. Appaerently this CHP was coming onto the freeway right there at Westlake Blvd. and behind some tall bushes. My V-1 never went off, he said he didn't need radar since I just drove right into his lair....

He went to lights and sirens immediately and came blazing up behind me. He pulled me out of the car and handcuffed me asking if I've ever been arrested for a "reckless" before. He then asked much I had to drink including how much last night! I told him I rarely drink and had a beer a few days ago. Then without even asking he searched my car completely. He went back to his cruiser and got his breathalyzer and asked if I objected to taking the test. I agreed and he looked at the results and went back again to his car and ran me on the computer system. It took all of about 30 seconds and he came back, turned me around, and uncuffed me stating that "You're right, you're completey clean. No tickets, no warrants, and you blew a 00". He said that changes everything and realxed a bit asking why the speed. I explained that I was pretty shocked I was at 105, I thought I was around 85 or so. I just accelerated to get around the sparce traffic in the fast lanes going 60. He agreed my lane changes were very clean and I that I wasn't driving erratically. He said when they see someone over 100 they immediately assume they're under the influence of something. I told him this car idles at 85 in 6th gear and he smiled a little. I said I was race licensed with multiple organizations and expained why racers are usually the safest ones on the highway. I may exceed the posted limits, but you won't find me up on Mullholland racing along a blind highway. He understood what I was trying to say and we talked about racing a bit. He apparently had some friends who ran P-cars. He stated repeatedly that once I know you're clean, it changes everything...

Well then he smiled and said well I can't just let 105 slide, I have to write you. I laughed and asked him to be gentle. I said I was thinking of asking you for a low flatbed a few minutes ago, so I'll be happy with whatever you decide. He said well how about 80, that will allow you to attend traffic school.

We shook hands and off I went in 5th gear on cruise control....

george_k

That must have been nerve wracking and I'm sure ruined your morning, hope you were still able to enjoy your meet with your son. I feel for you. Glad you got off with the 80mph ticket.

Cowhorn

Well done! That goes to show you get more flies with honey than with vinegar.

Frino

Great story with a relatively happy ending. If that had been somewhere else, like Virginia, you would've gotten zero slack, been thrown in jail and had your beautiful car mercilessly impounded. Cool cop for sure.

jjl

I'm an attorney, although i only do securities work, but is his cuffing you legal? He basically cuffed you for doing 105, with no other reason to believe you were under the influence. Something about this doesn't sound right, unless it's legal for him to cuff someone speeding at 105.

4thporsche

I travel the section of the 101 frequently and there are always lots of CHP patrolling that area on the weekends. I keep it under 70 just to play it safe. Glad to hear you only got tagged for going 80

fxhomie

Great story. It does pay to be nice and cooperative. Exceeding 100 mph (CA VC 22348b) is not in and of itself considered reckless driving and is not a misdemeanor (citation only). However, if the officer feels there was a reckless component to the stop, it's within his authority to cuff, since reckless driving is a misdemeanor. And you don't have to be going over 100 mph to be accused of reckless driving (CA VC 23103). Notice he assumed anyone going over 100 is under the influence. This scenario also warrants cuffs...

Ed - JFKU law student

OCBen

And you get even more flies with ****.

Not sure getting flies is a desirable goal.

Soulteacher

Definitely not if their dead bodies cover up the front of your Porsche...

surfingbuddhist

Yikes! You handled him very cool and composed. I would have been sweating bullets...

AndreCT

He searched your car, without your permission and without a warrant...?? Not legal i.m.o. Any lawyers care to chime in?

That said.. wow .. you did get off on the light side. I was clocked at 83 on our local I 95 and was given a ticket. My attorney said that the CT troopers can arrest you, at their discretion, at any speed over 85mph..

911Dave

I'm not a lawyer but I do know the answer. It is lawful for them to search your car without your permission and without a warrant if they have probable cause. For example, if they pull you over and they see an empty liquor bottle on the seat next to you, or if they see a pile of firearms in the back seat. Or, if they smell marijuana or notice any evidence of an illegal substance. Or noises coming from the trunk. That sort of thing.

In this case, the mere fact of him substantially exceeding the speed limit does not, in my opinion, constitute probable cause to search his vehicle. But only a judge or jury can decide that. I think the cop was out of line.

ADias

I also think the hand-cuffing and searching was abusive. Speeding should not be "probable cause." How did the cop measure the actual speed? I would have asked and demanded proof. If he eye-balled it, that should not constitute proof.

nkhalidi

Also must consider reasonable suspicion. That is, a Porsche going significantly faster than the flow of traffic on Sunday morning may present reasonable suspicion to the officer that the driver is under the influence. Just a thought.

I'm not a lawyer, but I did take crim pro more recently than the lawyer who replied above

SrfCity

Am I the only one that thinks that this was total overkill? Yea, speed is illegal but not unless you've got a Charlie Manson look to you I don't think that this treatment was warranted. Regardless of cutting you a little slack that's a hefty ticket/tax and you're just lucky he didn't succeed in taxing you for more. Fight it