A friend lost control of his car and crashed on the 5 freeway. We have similar cars. I stopped and rendered aid to the driver. I called 911. I will state up front that we were not racing.
The responding cop (anti-street racing task force member) accused me to my face of street racing and being culpable for the accident.
The cop had a hard on for me and wrote the most severe thing he possibly could without towing. Since I was not in the car while he was present he could not write me for any moving violation.

He did intimidate and threaten me several times in addition to threats to tow my car. He stomped all over my 4th amendment rights.

He refused to discuss his findings and thus what he was citing me for. When I asked to discuss it he threatened me with arrest if I did not remain with my car.

He wrote me for equipment violations and marked them non-correctable.

Fast forward a few weeks:

I tried to do a trial by declaration and I was told there is no bail and it is a mandatory appearance before the judge.
What is going on here? This is not a felony. This is not a misdemeanor. This is not a moving violation. Mandatory Appearance?
Has anyone been through this in South Orange County Court?

 

I prevailed at the preliminary hearing. It helps to have no one from the other side present to argue against you.

I was allowed to speak for about 2 minutes at which time the judge asked pointed questions that I had immediate responses for.

I handed the bailiff my required paperwork showing the car was smog and otherwise legal. I included two pictures.

Although this was a preliminary hearing both the bailiff and the judge liked the pictures and looked at them for a couple minutes. This allowed me time to discuss the officers profiling of me and his findings vs reality. Although no evidence is allowed in preliminary hearings the judge liked my pictures that were "included by accident" and they were exactly as I described in my 2 minute dissertation.

I was told profiling is a fact of life and it is legal. Suck it up.

"Sorry for the inconvenience" was a very nice thing for the judge to say.

Infraction dismissed as corrected for a small processing fee.

 

Congrats on the dismissal ,may be a busy body called you in after the crash assuming you where racing just because you have a fast looking car.As fast cars look fast going slow.

 

Glad it all worked out for you, congrats!

Jay

 

Glad it worked out for you, and thank you for sharing. I hope I never go through this kind of incident, but having you post your experience will assist others like myslef if we are in a similar situation, especially as I live in So Ca.

 

"Profiling is a fact of life". What moronic statement made by a judge knows cops on a daily basis ignore open street drug dealing, prostitution, illegal immigrants, teen drivers with cars full of other underage kids after curfew, 90 year old drivers that don't know the brake pedal from a rose petal, beatermobiles spewing tons of smog, expired tags, no plates, no tail lights, no brake lights, no headlights, 20 used major used kitchen apliances hanging all over the bed of a Ford 150, etc etc etc. Profiling is not "a fact of life" but a fact of economics and political popularity, if you can afford a nice car you can afford the profiling ticket tax. It's like those socialist in Switzerland, fine for speeding if you're poor $20, same speeding ticket if you got a few bucks $2,000. What happened to equal justice under the law?

 

Unfortunately, the cops are being turned into tax collectors, by the city, county, and state officials. An older friend of mine was with the LAPD for 30 years starting back in the late 50's. He had a simple rule, mess with the bad guys and leave the good guys alone. They got it all backwards now.

Glad it worked out.

 

I think it also helps at the fact that you are an older adult as opposed to a young kid. I don't think the judge would have been as lenient if you were in your 20's and driving an AP1. You would be immediately labeled as a street racer.

 

You should have told the judge... "I guess all cops are pigs then."

I have to agree with the "tax collector" comment.

 

Must have been a stressful experience, I'm glad to hear that it all worked out.