I was cited for speeding in my 18-wheeler in Downey, CA, by a CHP motorcycle officer. Doing 65 in an absolute 55 (though ticket says preferred max 65). 4:40AM, very little traffic. In left-hand truck lane (four lanes my side plus carpool and dedicated-exit, I was in the #3 lane from the left not including carpool/2nd from the right not including the exit lane).
I was actually doing 65, no doubt--I was against the company speed governor (wife says I need to have some weight surgically removed from my right foot--and she's right). But I'm pleading not guilty for the main reason that the officer entered my truck without reason or permission.
The officer paced me for what I would estimate to be about 2 miles, maybe more, before pulling me over. At the time he was actively pulling me over, I was indicatiing to the officer my intentions of exiting the freeway and parking in the empty shopping-mall parking lot at the exit. He cut me off, slammed on his brakes in front of me, and forced me to stop my 80,000#, 8'-wide vehicle on the 7.5'-wide shoulder of the freeway (even though my right side tires were rubbing the curb, I was still encroaching the exit lane of the freeway). I set the parking brakes, turned the truck off, turned on my interior light (so the officer could see me), set my four-ways, and left my parking lights on for safety. The officer dismounted his bike (parked about 12 feet in front of my truck) while I kept my hands high on the steering wheel. He walked over to the passenger side of my truck, stepped one foot on the lower outside catwalk, and then proceeded to open the passenger-side door. He then climbed up so that his right foot was on the upper outside catwalk, and his left foot was on the inside doorsil of my cab, effectively making a desk of his left leg. He then asked for my license and registration and proceeded to write the ticket, resting one arm on my passenger seat.
I offerred my logbook, medical card, and insurance info, which he told me he didn't want (ANY time a Big Truck is pulled over, these are the standard items asked for, no exceptions). I also told him I was intending to exit the freeway to a safer location, and he said there was nowhere for me to park (remember the empty mall parking lot--big enough to fit 20 or more of my trucks in there, with room to maneuver).
He did tell me I was doing 65, and that I'm supposed to be going 55. To which I replied that "I thought I was going 55, but [that] if [he] say so...." He just nodded his head in disinterest and continued writing the citation. I stressed once again that I was trying to exit for a safer parking area, and he just nodded in disinterest again.
He handed me the ticket, had me sign it, then stepped out of the truck (for me to sign it, he had to step further into the cab and lean over--the seats are about five feet apart). I asked him if I needed to exit the freeway to get back on (exit-only lane), or if I could just merge directly into traffic. He told me I could do whatever was necessary.
It turned out I wasn't able to safely merge directly on (too much traffic exiting), so I exited, made a U-turn maneuver in the mall parking lot, and got back on the freeway. The officer had disappeared before I had even gotten the truck started again (a mere 20 seconds or so).
FWIW: he never removed his helmet.
My question is basically: How do I beat this? Is it legal for an officer to enter my vehicle without permission, or without an emergency situation (ie. the truck is on fire and I'm unconscious)? I know 18-wheelers are subject to much more scrutiny and have less overall rights than a 4-wheeler, but....?....
I already have a good idea of how I'm going to approach this, but I'm going to need as much help as I can get.
Trial date is set for January 18th.
I have a very long and colorful history of deserved speeding tickets (it seems that about once every nine months I get another).
The officer was a young-looking guy, and I don't believe he wrote (hardly) any notes.
I was actually doing 65, no doubt--I was against the company speed governor (wife says I need to have some weight surgically removed from my right foot--and she's right). But I'm pleading not guilty for the main reason that the officer entered my truck without reason or permission.
The officer paced me for what I would estimate to be about 2 miles, maybe more, before pulling me over. At the time he was actively pulling me over, I was indicatiing to the officer my intentions of exiting the freeway and parking in the empty shopping-mall parking lot at the exit. He cut me off, slammed on his brakes in front of me, and forced me to stop my 80,000#, 8'-wide vehicle on the 7.5'-wide shoulder of the freeway (even though my right side tires were rubbing the curb, I was still encroaching the exit lane of the freeway). I set the parking brakes, turned the truck off, turned on my interior light (so the officer could see me), set my four-ways, and left my parking lights on for safety. The officer dismounted his bike (parked about 12 feet in front of my truck) while I kept my hands high on the steering wheel. He walked over to the passenger side of my truck, stepped one foot on the lower outside catwalk, and then proceeded to open the passenger-side door. He then climbed up so that his right foot was on the upper outside catwalk, and his left foot was on the inside doorsil of my cab, effectively making a desk of his left leg. He then asked for my license and registration and proceeded to write the ticket, resting one arm on my passenger seat.
I offerred my logbook, medical card, and insurance info, which he told me he didn't want (ANY time a Big Truck is pulled over, these are the standard items asked for, no exceptions). I also told him I was intending to exit the freeway to a safer location, and he said there was nowhere for me to park (remember the empty mall parking lot--big enough to fit 20 or more of my trucks in there, with room to maneuver).
He did tell me I was doing 65, and that I'm supposed to be going 55. To which I replied that "I thought I was going 55, but [that] if [he] say
He handed me the ticket, had me sign it, then stepped out of the truck (for me to sign it, he had to step further into the cab and lean over--the seats are about five feet apart). I asked him if I needed to exit the freeway to get back on (exit-only lane), or if I could just merge directly into traffic. He told me I could do whatever was necessary.
It turned out I wasn't able to safely merge directly on (too much traffic exiting), so I exited, made a U-turn maneuver in the mall parking lot, and got back on the freeway. The officer had disappeared before I had even gotten the truck started again (a mere 20 seconds or so).
FWIW: he never removed his helmet.
My question is basically: How do I beat this? Is it legal for an officer to enter my vehicle without permission, or without an emergency situation (ie. the truck is on fire and I'm unconscious)? I know 18-wheelers are subject to much more scrutiny and have less overall rights than a 4-wheeler, but....?....
I already have a good idea of how I'm going to approach this, but I'm going to need as much help as I can get.
Trial date is set for January 18th.
I have a very long and colorful history of deserved speeding tickets (it seems that about once every nine months I get another).
The officer was a young-looking guy, and I don't believe he wrote (hardly) any notes.
