QuestionI was driving eastbound on CA SR 132, with cars on my tail when a CHP, heading westbound, passed me. As soon as he did he turned around and was about 2 vehicles behind me (I was the lead car). We drove another 3 miles or so when he turned on his sirens. I entered city limits so I figured he couldn’t stop me because it may be out of his jurisdiction. The two cars behind me had pulled over and that’s when he got behind me and pulled me over. It was a sunny, clear day with traffic going both ways. He asked me if I knew how fast I was going and I replied “about 60 mph” that’s when he told me I was going “69” and all state highways are “55 mph”. He took my registration and insurance and wrote me a ticket.
Since he was in city limits, was it still possible for him to pull me over although I pulled over on CA S/R 132? Another thing is, I went home and reviewed the ticket. He entered the cross streets of CA S/R 132 & Missouri Ave on the ticket, putting me outside of city limits as to where he pulled me over. He should have entered S/R 132 and Reinway Ave since I pulled over right next to the High School. Do I have plausible cause to fight this?
Please advise. Thank you!
AnswerHello Abe and welcome to AllExperts!!
While some States limit a Peace Officers authority within a County or City's jurisdiction, California is quite different.
Whether a City Police Officer, County Sheriff, School or College Peace Officer, Fish and Game Officer, Park Police Officer, BART Police Officer, and the list is quite extensive, They ALL are California Peace Officers and their authority and powers of office run through the entire State.
While their primary jurisdiction is within the area of their patrol responsibilities, any officer may stop any vehicle or persons anywhere within the State for an observed infraction, or belief that a misdemeanor or felony has been committed. By the way, because CHP is responsible for traffic on all State roadways and on-ramps/off-ramps of those highways, their primary jurisdiction covers almost every road within California.
Even if an officer from Eureka or San Diego had cited you on CA S/R 132, it would have been a viable citation. CHP in this case would have been a primary jurisdictional ticket. I am sorry to be the bearer of bad news Abe, but the citation is most certainly legal and from what you have told me, you have no grounds to have the ticket dismissed based on present authority.
You always have the right to fight any citation. but it would have to be based on the issue of the speed violation alone.
Good luck Abe, and hope your day becomes better.
Terry
