05-10-2007, 05:47 PM
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Banned User
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Join Date: Apr 2006
Location: Freedom. some call Cal.
Posts: 2,330
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Pulled Over Doing 90+
The other day I was pulled over by a plain clothes sherriff deputy in Placer County. (AGAIN! Second time in that county I have been pulled over by a non-uniform)
He asked if I knew how fast I was going.
I said about 95.
He asked if I knew the speed limit.
I asked him what this was all about since even if he wrote me a ticket I would cream it in court and suppress all of his testimony with 40800CVC however I would waste thousands of state dollars first.
He asked what section I was refering to.
I said 40800 CVC.
He radioed it in. Listened to his radio... and told me to stay safe.
Real knowledge is power.
No ticket. (Again!)
__________________
Educational and entertainment only. Nothing posted intended as legal advice. Nothing is legal advice. All responses are general in nature even if responding to a specific question. Nothing in my posts pertains to ANYONE else but me.
Hire an Attorney. 
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05-11-2007, 12:05 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,335
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1-2-3 - Rock the House !!
Knowledge, Confidence, Balls !!! (or ovaries of steel for the ladies)
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05-11-2007, 03:59 PM
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Unplugged
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Join Date: Mar 2007
Location: Maine state
Posts: 106
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hello
Hello codee, for someone who is new to the forum and materials here, may I ask what "40800 CVC" is?
Thankyou.
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Living, Breathing, Spiritual Being!
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05-11-2007, 04:04 PM
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Unplugged
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Join Date: Jul 2006
Posts: 75
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Cops can get in S**t if they are out of uniform etc.
Google it... its easy to find
Vehicle and Uniform Used by Officers
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.
Amended Ch. 202, Stats. 1961. Effective September 15, 1961.
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05-11-2007, 04:15 PM
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Unplugged
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Join Date: Mar 2007
Location: Maine state
Posts: 106
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ty
I see, thankyou.
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Living, Breathing, Spiritual Being!
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05-11-2007, 04:16 PM
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Banned User
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Join Date: Apr 2006
Location: Freedom. some call Cal.
Posts: 2,330
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Ok I need to clear this up. A cop cannot get into “deep sh!t” over this. What 40800 CVC does is disallow the testimony of the officer at the time of trial and also to deny the court jurisdiction to convict in speed related cases.
The key code here is 40 and 40800
Quote:
40804. (a) In any prosecution under this code upon a charge
involving the speed of a vehicle, any officer or other person shall
be incompetent as a witness if the testimony is based upon or
obtained from or by the maintenance or use of a speed trap.
(b) Every officer arresting, or participating or assisting in the
arrest of, a person so charged while on duty for the exclusive or
main purpose of enforcing the provisions of Divisions 10 and 11 is
incompetent as a witness if at the time of such arrest he was not
wearing a distinctive uniform, or was using a motor vehicle not
painted the 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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And if the issue is speed the court loses jurisdiction…
Quote:
40805. Every court shall be without jurisdiction to render a
judgment of conviction against any person for a violation of this
code involving the speed of a vehicle if the court admits any
evidence or testimony secured in violation of, or which is
inadmissible under this article.
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__________________
Educational and entertainment only. Nothing posted intended as legal advice. Nothing is legal advice. All responses are general in nature even if responding to a specific question. Nothing in my posts pertains to ANYONE else but me.
Hire an Attorney.
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05-11-2007, 04:33 PM
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Mental Jujitsu
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Join Date: May 2005
Posts: 985
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Congratulations on the win.
Keep being irresponsible and you will eventually discover the meaning of immutable law.
__________________
Its' a dog eat dog world and I am wearing milkbone underwear!!!
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05-11-2007, 05:50 PM
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Mental Jujitsu
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Join Date: Feb 2006
Posts: 676
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Quote:
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Originally Posted by Codee
The other day I was pulled over by a plain clothes sherriff deputy in Placer County. (AGAIN! Second time in that county I have been pulled over by a non-uniform)
He asked if I knew how fast I was going.
I said about 95.
He asked if I knew the speed limit.
I asked him what this was all about since even if he wrote me a ticket I would cream it in court and suppress all of his testimony with 40800CVC however I would waste thousands of state dollars first.
He asked what section I was refering to.
I said 40800 CVC.
He radioed it in. Listened to his radio... and told me to stay safe.
Real knowledge is power.
No ticket. (Again!)
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OUTSTANDING CODEE! TAKING IT TO "DA MAN" AGAIN. lol
__________________
Liberty: Freedom from restraint and the power to follow one's own will to choose a course of conduct. Liberty, like freedom, has its inherent restraint to act without harm to others and within the accepted rules of conduct for the benefit of the general public.
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05-11-2007, 06:56 PM
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Practice Makes Perfect
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Join Date: Jan 2006
Location: PA
Posts: 367
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Hey now!!!!!!
Quote:
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Originally Posted by palani
Congratulations on the win.
Keep being irresponsible and you will eventually discover the meaning of immutable law.
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But until then, GREAT JOB CODEE!!!!!!
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05-11-2007, 10:05 PM
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Banned User
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Join Date: Apr 2006
Location: Freedom. some call Cal.
Posts: 2,330
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Quote:
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Originally Posted by palani
Congratulations on the win.
Keep being irresponsible and you will eventually discover the meaning of immutable law.
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I don't drive a piece of crap like you Palani. My car can do 95 safely.
__________________
Educational and entertainment only. Nothing posted intended as legal advice. Nothing is legal advice. All responses are general in nature even if responding to a specific question. Nothing in my posts pertains to ANYONE else but me.
Hire an Attorney.
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