Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum  

Go Back   Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum > Speed Trap & Traffic Enforcement > Economics & Politics
Radar Detectors Forum Logon:

Economics & Politics Discussion of the economic and political market driving factors of automated enforcement technology.

LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 2008-05-26
NMA Reporter NMA Reporter is offline
Senior Member
Join Date: 2008 Feb
Posts: 125
NMA Reporter is on a distinguished road
Exclamation California Court Weakens Ban on Unmarked Traffic Police

Article: California Court Weakens Ban on Unmarked Traffic Police

M. Kathleen ButzAn appellate court last Thursday weakened a ban on using unmarked cars to issue traffic citations that had stood for nearly eighty-five years. A three-judge panel of the California Court of Appeal for the Third District made the change in the case of Paul Dyer, a man accused of driving under the influence of alcohol (DUI).

Around midnight on February 9, 2006, Placer County Sheriff's Sergeant Jess Phariss was patrolling Highway 267 in an unmarked police car. Phariss grew suspicious when he saw the Jeep Cherokee belonging to Dyer driving slowly. He followed the Jeep and claimed that it crossed the highway's center line several times. Phariss initiated a traffic stop, noted signs of intoxication and had a second Sheriff's Deputy who had been called to the scene administer sobriety tests. A handheld breath testing device produced a reading of 0.07 -- under the legal limit -- for Dyer. Phariss deemed this "inconclusive" and proceeded to arrest the man anyway. A second breathalyzer test administered at 1:07am indicated a 0.11 reading -- above the legal limit. It is possible for such readings to increase over time as alcohol is absorbed into the bloodstream.

A trial court judge threw out the DUI conviction as proceeding from an unlawful arrest and ordered the Department of Motor Vehicles (DMV) to overturn the agency-imposed driver's license suspension. The DMV appealed the court ruling.

Since 1923, California has outlawed the police tactics upon which many other states rely to conduct speed traps. One key provision of this statute prohibits traffic police from using any vehicle not distinctively marked. In most cases, this means the traditional black and white design. In her ruling last week, Justice M. Kathleen Butz cited a 1991 decision explaining the legislature was "motivated by a desire to eliminate clandestine methods of traffic enforcement designed to augment local revenues through exorbitant fines."

In this case, the three-judge panel ruled that because the law only applies to traffic police, it did not apply to Phariss who played only a "supervisory" role. The second officer who had been called to the scene made the actual arrest. Moreover, the justices refused to apply the speed trap law to other common traffic offenses.

"The chief goal of speed trap legislation [is] to restrict clandestine enforcement of the speed laws by officers not clearly identified as law enforcement personnel," Justice Butz wrote. "The offense of driving under the influence does not 'involve the speed of a vehicle' as defined in section 40805."

The appeals court ordered a new trial court hearing to consider the evidence of whether Dyer was actually intoxicated at the time he was driving. A copy of the ruling is available in a 40k PDF file at the source link below. Source
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
US Supreme Court Restricts Police Searches of Cars NMA Reporter Economics & Politics 0 2009-04-23 11:08
California Appellate Court Overturns Conviction for Running a Green Light NMA Reporter Economics & Politics 0 2009-01-21 14:07
California Appeals Court Defends Red Light Cameras NMA Reporter Economics & Politics 0 2008-06-16 10:22
Trial By Declaration: Fight A Traffic Ticket Without Going To Court NMA Reporter NMA Articles 0 2008-05-17 19:37
Supreme Court Expands Traffic Search Authority of Police NMA Reporter Economics & Politics 0 2008-04-25 02:56

All times are GMT -4. The time now is 14:03.

©2019 SpeedTrapHunter