Well I won.
And the 40800 argument was made in the transcripts... however there are so many errors in the transcript I can see why one would have a hard time understanding it.
40800 CVC states that every officer enforcing division 10 or 11 of hte vehicle code must be in full and distinct uniform at the time or else they are incompetent to give testimony on the charge.
Quote:
40800. Every traffic officer on duty for the exclusive or main
purpose of enforcing the provisions of Division 10 or 11 of this code
shall wear a full distinctive uniform, and if the officer while so
on duty uses a motor vehicle, it must be painted a distinctive color
specified by the commissioner.
This section does not apply to an officer assigned exclusively to
the duty of investigating and securing evidence in reference to any
theft of a vehicle or failure of a person to stop in the event of an
accident or violation of Section 23109 or in reference to any felony
charge, or to any officer engaged in serving any warrant when the
officer is not engaged in patrolling the highways for the purpose of
enforcing the traffic laws.
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So now we look for the FULL UNIFORM REQUIREMENTS found in the code. There are not many and I have found only one. There is some statutory construction needed and reading statutes together so stay with me.
The CHP was abolished and the DCHP was created.
Quote:
2100. There is in the Business, Transportation and Housing Agency
the Department of the California Highway Patrol.
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Quote:
CVC 2101. As used in this chapter, "department" means the Department of
the California Highway Patrol.
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This next one is absolutely key.
Quote:
2102. Wherever in any statute "California Highway Patrol" is used,
it means the Department of the California Highway Patrol.
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And here is the requirement for the badge...
Quote:
2257. The commissioner shall issue to each member of the California
Highway Patrol a badge of authority with the seal of the State of
California in the center thereof, the words "California Highway
Patrol" encircling the seal and below the designation of the position
held by each member to whom issued.
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If you read 2257 with 2102 the members of the DCHP are required to have a badge with "Department of the California Highway Patrol" encircling the state seal. The cops only have California Highway Patrol encircling the seal.
It is pure statutory but it is sound as long as the court does not study it enough to find out which of the laws is unconstitutional... ;)