Some sort of speed trap?

[bbunyerson]

OK, so recently, (a week ago) I got my license suspended for going 97 in a 55 (I know, too fast). Anyway, I got my license suspended for 20 days with a $460 fine, so my dad had to drive. Almost to our destination, we see no fewer than four CHP's scattered on the side of the road or driving within a one mile radius. We passed one who had his lights on in the shoulder with nobody but him going in our direction (we were in the right lane, he was in the right shoulder). He then proceeds to pull us over and give my dad a ticket for not getting over because he had his lights on. So I guess my inquiry is, is this legal? He can't just have his lights on in the shoulder waiting for someone not to get over, can he? I know he didn't just write someone a ticket because the road is long and wide and we saw him from a distance back with no other vehicles. How long can he just sit there with his lights on like that? Do you think it would be a ticket worth fighting? I know the fine can't be cheap, "endangering a public safety officer" or something. If you need any more information, I may be able to assist, I just don't know what else to say without dragging this thing out.
EDIT: Also, since there were many CHP's patrolling a certain area at the end of the month it must have been for their quota.

 

[army judge]

Trap or not, you knew of their presence.

Beyond that, the lights were the key.

If the lights are on, you slow down or move over.

You are free to plead not guilty and make the state prove their case.

You might wish to investigate the efficacy of traffic school.

Good luck.

 

[mightymoose]

As you describe it, it sounds bogus.
California does not have a "move over" law as many other states do. In some states if the emergency vehicle has its lights on you must either move over to the far lane from the emergency vehicle, or else slow down to a safe speed when passing.
Anyway- no such law exists in CA, so I would wonder what you were actually cited for. If you can provide the Vehicle Code section from the citation it would help.

 

[CdwJava]

The law was enacted in 2007 as I recall:

21809. (a) A person driving a vehicle on a freeway approaching a
stationary authorized emergency vehicle that is displaying emergency
lights, a stationary tow truck that is displaying flashing amber
warning lights, or a stationary marked Department of Transportation
vehicle that is displaying flashing amber warning lights, shall
approach with due caution and, before passing in a lane immediately
adjacent to the authorized emergency vehicle, tow truck, or
Department of Transportation vehicle, absent other direction by a
peace officer, proceed to do one of the following:
(1) Make a lane change into an available lane not immediately
adjacent to the authorized emergency vehicle, tow truck, or
Department of Transportation vehicle, with due regard for safety and
traffic conditions, if practicable and not prohibited by law.
(2) If the maneuver described in paragraph (1) would be unsafe or
impracticable, slow to a reasonable and prudent speed that is safe
for existing weather, road, and vehicular or pedestrian traffic
conditions.
(b) A violation of subdivision (a) is an infraction, punishable by
a fine of not more than fifty dollars ($50).
(c) The requirements of subdivision (a) do not apply if the
stationary authorized emergency vehicle that is displaying emergency
lights, the stationary tow truck that is displaying flashing amber
warning lights, or the stationary marked Department of Transportation
vehicle that is displaying flashing amber warning lights is not
adjacent to the freeway or is separated from the freeway by a
protective physical barrier.

It does not matter that he was not presently issuing a citation, only that he had his flashers going.

Many officers remain at the scene of a stop to make notes or catch up on a log after the offender pulls away. There could be any number of reasons why the officer was still on the shoulder.

Total fines and fees should be about $233.

 

[mightymoose]

Interesting... I never heard of this law in California. I suppose CHP is about the only one that would make much use of it.

 

[CdwJava]

Yeah, it's not one that would be practical to apply in more urban environments, though, it is something to keep in mind when on a stop along a four lane roadway and cars pass close to you. I've never used it, but I know some of our DUI guys that have used it as reasonable suspicion to detain vehicles that failed to cheat left when they could have easily and safely done so.

 

[mightymoose]

In all my travels around the country I have seen various states that have the regulation posted along the highway. I have never seen it posted nor have I heard of anyone being cited for it in CA. I wonder how often it is actually used.

 

[CdwJava]

In all my travels around the country I have seen various states that have the regulation posted along the highway. I have never seen it posted nor have I heard of anyone being cited for it in CA. I wonder how often it is actually used.

If you check with CHP units in those areas where officers have been hit, you will probably find that they are actively enforcing it.

The problem is that if the officer is busy on the side of the road, he or she is not likely to have the time to go speed off after the offender of this section. Much like people that do not yield when we roll code 3, we don't have time to stop and cite them because we are busy on something else. So, since few officers that witness this might be free to stop and cite an offender, it is likely rarely used.