I just got one of those warning letters from the California Highway Patrol saying that a citizen got my license number and complained about my driving ('07 997TT) recklessly on highway 280 (driving too fast and not signaling lane changes). The CHP said that if they get another complaint, they may take "criminal action" against me (not civil, "criminal").

Apart from whether this report is correct, anyone know what my legal rights are? For example, if the CHP gets several of these complaints from different citizens, would a district attorney have solid grounds to assemble a case against the driver, calling these citizens as potential witnesses? And to what would these witnesses testify? That a Porsche was driving too fast? Relative to what?

Sammy

 

Well, first off, do you know if the "citizen" was telling the truth?

 

Next time go faster so they can't get your plate. But seriously, I think they're just bluffing.

 

Even if it was your car they would have to prove that you were driving it.........so I wouldnt worry about it.

 

Could just have been someone either friends with or influential of the local CHP, which then prompted a letter to you.

Although I'm not an attorney, I suspect to have a case, those writing the letter would need to appear in court to testify. Seems unlikely people would go to that extent.

I think you just got very unlucky, which does not mean your bad luck won't continue if you keep driving like that

 

This makes no sense . How would the citizen be able to get your plate if you were supposedly driving so fast and wreckless unless he(she) did the same to catch up ?
How can they verify whether the claim is valid? What if it isn't valid ? Are you sure its even an official letter ? What if it isn't ? Who sent it then?

You could hand it to an attorney who specializes in traffic law and get an opinion . He may choose to ignore it or he may request that any record of this complaint be expunged due to lack of evidence.

Obviously if they had a case an officer would have issued a citation .

 

to my knowledge, they really cant do much!
Think about it, what if someone you know doesn't like you. they get your plate and call the CHP, and say this guy just passed me going 200 mph. Its their word against yours,

 

You can drive happily and without worry from the cops if you take it to the track. Way more fun than dodging half aware soccer Moms and senior citizens.

 

Ignore it, the odds of this happening again (so long as you dont drive per description daily) are very slim.

 

I agree

 

Wow, I have heard about the state budget problems but didn't know it was this bad. They dont have enough money to fund real police so they just use other drivers to call in violations.Brilliant! Next thing they should do is require self reporting...kind of like the honor system. That should work about as well. Oh yea, even Cali can't do away with a little constitutional problem for their snitch driver plan..its the confrontation clause. I suggest you but a bumper sticker on your car (like they have on some trucks) "If this driver violates any traffic laws please call the company at..." Put your oun phone number down and get the complaints directly...avoiding the CHP middleman.

 

I wouldn't worry about it at all. How are they going to prove you were driving it and how are they going to prove that you wre speeding. Even if you were speeding, speeding law in California is very vaguely written. "Excessive speed for the given road, weather, and traffic conditions" That's what the speeding law says. How do you prove that? Even if you got cited by a CHP officer, a good traffic attorney can get you off. Finding you guilty just based on a citizens statement isn't likely going to happen. Maybe some attorneys can jump in here and share some knowledge with everyone.

 

I wish it was that vague. It would solve my recent 87 mph speeding tkt.

CA Vehicle Code 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.
</pre>
Code 22356. "....the Department of the California Highway Patrol, may declare a
higher maximum speed of 70 miles per hour for vehicles not subject to
Section 22406, and shall cause appropriate signs to be erected
giving notice thereof. The Department of Transportation shall only
make a determination under this section that is fully consistent
with, and in full compliance with, federal law.
(b) No person shall drive a vehicle upon that highway at a speed
greater than 70 miles per hour, as posted.
(c) This section shall become operative on the date specified in
subdivision (c) of Section 22366.
</pre>

 

i say go the bumper sticker route (HOWS MY DRIVING CALL 1-800 EAT S---)

 

I love that bumper sticker.

Here's an idea. Get a CHP's license plate number and right a letter to them stating you saw the officer driving at 80mph with his top lights off in an obvious non emergency situation and want the officer ticketed.