I was arrested last night for Double Parking
04-24-2010, 05:51 PM
#1
I was arrested last night for Double Parking It's 11:30pm on friday night in Huntington Beach and I'm dropping my girlfriend and her kids off at her apartment in a cul-de-sac. The kids get out of the car and head inside. My girlfriend and I sit for a minute longer. Meanwhile a cop pulls up and asks for me to move. I tell him that I'm dropping people off and he still wants me to move, so I do so with my girlfriend still in the car. As I'm turning around in the cul-de-sac he pulls his car in front of me. He comes up takes my rental agreement, insurance and drivers license. In the meantime two more cops pull up and take defensive positions around my car. When the cop comes back he tells me to get out of the car. Notifies me that I'm being arrested for double parking, and being an out of state resident. (WTF#CK!) This whole time I obey everything. I get handcuffed. Get told that I'm going to be taken to a magistrate because I don't have an address here in California. No miranda rights, just stuffed in the back of the police car.
Back at the jail I get stuffed into the booking cell. Other officers come up and the patrol man what I'm being booked for. He tells them it's for double parking and when he gets blank looks from EVERYONE of the officers he mentions something about a 403.5. While getting booked I ask around to see if they've ever seen anything like this, some of these officers could have easily been doing this for 10-15yrs, but none of them had ever seen anyone arrested for this. So I go through the whole booking and wait for them to pull up my records. I'm a law abiding citizen and have... had a perfectly clean slate. Not even a speeding ticket on my record. What ends up happening is they give me a bail of $50 and tell me that I have to go to court in June. (HELLO I'm an out of state resident which apparently is why I'm in jail!!!!!) Four hours later at 3:30am I'm collecting my property and the only paperwork I get is a bail receipt. On the bail receipt is the bail posted, court date, and charge 22400 (A) VC.
Let's take a look at this charge:
Minimum Speed Law
22400. (a) No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic, unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law.
No person shall bring a vehicle to a complete stop upon a highway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.
WHERE IS MY DOUBLE PARKING CHARGE????????????
Since this cop couldn't put in the system that he was booking me for a parking ticket he came up with some other b#llsh!t. The big WTF is that I was in a residential neighborhood with a 10mph speed limit. NOT on a highway! Also since there was ZERO traffic I was not blocking any traffic and was definitely operating my vehicle in a safe manner since I was dropping people off.
My question to you, the people, is am I correct in feeling that I was harassed? Honestly I feel that I was racially profiled. Being a hispanic (by appearance) male dressed nicely and found in a not so nice part of Huntington Beach. This could have been just a parking ticket which I would have paid on gone on my way. Now I have a court date which totally defeats the purpose of arresting me. The purpose being, to make sure that I pay. So who knows a good lawyer that handles this kind of thing?
Back at the jail I get stuffed into the booking cell. Other officers come up and the patrol man what I'm being booked for. He tells them it's for double parking and when he gets blank looks from EVERYONE of the officers he mentions something about a 403.5. While getting booked I ask around to see if they've ever seen anything like this, some of these officers could have easily been doing this for 10-15yrs, but none of them had ever seen anyone arrested for this. So I go through the whole booking and wait for them to pull up my records. I'm a law abiding citizen and have... had a perfectly clean slate. Not even a speeding ticket on my record. What ends up happening is they give me a bail of $50 and tell me that I have to go to court in June. (HELLO I'm an out of state resident which apparently is why I'm in jail!!!!!) Four hours later at 3:30am I'm collecting my property and the only paperwork I get is a bail receipt. On the bail receipt is the bail posted, court date, and charge 22400 (A) VC.
Let's take a look at this charge:
Minimum Speed Law
22400. (a) No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic, unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law.
No person shall bring a vehicle to a complete stop upon a highway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.
WHERE IS MY DOUBLE PARKING CHARGE????????????
Since this cop couldn't put in the system that he was booking me for a parking ticket he came up with some other b#llsh!t. The big WTF is that I was in a residential neighborhood with a 10mph speed limit. NOT on a highway! Also since there was ZERO traffic I was not blocking any traffic and was definitely operating my vehicle in a safe manner since I was dropping people off.
My question to you, the people, is am I correct in feeling that I was harassed? Honestly I feel that I was racially profiled. Being a hispanic (by appearance) male dressed nicely and found in a not so nice part of Huntington Beach. This could have been just a parking ticket which I would have paid on gone on my way. Now I have a court date which totally defeats the purpose of arresting me. The purpose being, to make sure that I pay. So who knows a good lawyer that handles this kind of thing?
04-24-2010, 06:30 PM
#4
I've googled 403.5 but didn't find anything. I was wondering what the other cops on here would say. There is no reason what so ever to lead anyone to believe that I am in a gang or that I had drugs. The cops obviously didn't think so either because there was no search of my vehicle. It's pretty ridiculous that I get a misdemeanor for a parking violation.
Guilty until proven innocent.
Guilty until proven innocent.
04-24-2010, 06:36 PM
#5
That is some serious BS man... i was harassed by a local officer and started to get tired of it. had been to court over stupid stuff 3 times befor the judge let me get a restraining order against the officer. She could pull me over but had to call another officer to come and talk to me as i had the restaining order against her. Although i never got pulled over by her agian.
So many officers let it go to their heads and think they are above the law. If i do something wrong i am willing to pay the consiquences, but sometimes they try to pull some real BS.
Hope the best for you OP! Have your lawyer call that courthouse and talk to them... it will go a long way! Take my word that having a lawyer makes a huge diffenece, dont go try to fight it yourself or they will try to walk all over you, a lawyer they wont try to do that as they know a lawyer knows the law!
So many officers let it go to their heads and think they are above the law. If i do something wrong i am willing to pay the consiquences, but sometimes they try to pull some real BS.
Hope the best for you OP! Have your lawyer call that courthouse and talk to them... it will go a long way! Take my word that having a lawyer makes a huge diffenece, dont go try to fight it yourself or they will try to walk all over you, a lawyer they wont try to do that as they know a lawyer knows the law!
04-24-2010, 06:37 PM
#6
Staging Lane
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Yes, it does and it makes the rest of the cops seem bad. You will find that out of state individuals do get citations more often due to the fact they wont spend the money to go back to court for such a small fine.
04-24-2010, 06:37 PM
#7
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sounds like if you follow through with your headache you have a lawsuit, no miranda rights??? wtf was your girl around to see that part??? pretty sure you should show that cop your not a pushover and to respect people just my opinion though
sorry this has happened to you
sorry this has happened to you
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04-24-2010, 07:04 PM
#10
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damn dude that is messed up. I'm pretty sure all the cops in cali have a constant video recording of what's in front of their cars, so I'd love to see the video of you driving dangerously slow on a freeway when he presents his evidence in court 
04-24-2010, 07:50 PM
#13
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wooooooooow.... that is the most bullshit crap ive ever ****** heard... are you kidding me right now?! dude that sucks im sorry man but you got fucked over for no reason and that cop is th dumbest bastard ever...
04-24-2010, 07:54 PM
#14
Your future should include a formal complaint and possibly an attorney if you get nowhere...unless....
....the part that is not written is what type of attitude or lip you were giving to escalate the situation. Not saying you did, but one thing to consider is you were admittedly double-parked and when the cop asked you to move, you should have instead of coming up with an illegitimate excuse.
....the part that is not written is what type of attitude or lip you were giving to escalate the situation. Not saying you did, but one thing to consider is you were admittedly double-parked and when the cop asked you to move, you should have instead of coming up with an illegitimate excuse.
04-24-2010, 08:09 PM
#16
get an attorney and make sure you tell him exactly what happened. Make it known how pissed you are. You were smart that night cause if it were me he would of ended up giving me a assult charge on his ***** ***. I wouldnt have been able to tolerate that bs. Dont waste any time with this cause it will hurt you. Call a layer asap
I feel bad for all you guys out in cali they are ******* crazy
I feel bad for all you guys out in cali they are ******* crazy
04-24-2010, 08:10 PM
#17
Your future should include a formal complaint and possibly an attorney if you get nowhere...unless....
....the part that is not written is what type of attitude or lip you were giving to escalate the situation. Not saying you did, but one thing to consider is you were admittedly double-parked and when the cop asked you to move, you should have instead of coming up with an illegitimate excuse.
....the part that is not written is what type of attitude or lip you were giving to escalate the situation. Not saying you did, but one thing to consider is you were admittedly double-parked and when the cop asked you to move, you should have instead of coming up with an illegitimate excuse.
04-24-2010, 08:44 PM
#19
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Damn, that's crazy man. I know exactly how some of the cops are too. My record's "clean" as well, but I do have 9 or so tickets. All bs, just the cops pulling me over for something petty, trying to get me for something else; but there never is, so half the time they give me ticket for the original thing they pulled me over.
I can't get too mad though, I know my no front license plate, tinted windows, stereo, exhaust, etc. are all illegal and ticket eligible haha, so I've just come to except the tickets b/c I'm not going to change it lol.
Hope it all works out for ya man.
I can't get too mad though, I know my no front license plate, tinted windows, stereo, exhaust, etc. are all illegal and ticket eligible haha, so I've just come to except the tickets b/c I'm not going to change it lol.
Hope it all works out for ya man.
04-24-2010, 09:02 PM
#20
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all police cars have cameras and all officers wear a microphone and record everything that is said. my friends dad is a cop and this has gotten me out of multiple situations. Bike cops do not have a camera though