Alert: Fog Overlays are ILLEGAL will get u in SERIOUS TROUBLE
09-22-08, 12:17 PM
#46
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How ironic that I was searching the forums for pictures of headlamp overlays so I could decide what type to get...then I came across this post and I too drive that area all the time....guess my research is done
09-22-08, 10:53 PM
#48
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WHAt? You got pulled over in Cupertino for having a modded car? Wow, I thought this city was the only safe city. And Yes. Cops don't really have much to do, our crime rate is like 0. Outside of Monta Vista, theres 2 cops there everyday. Morning. Brunch. Lunch. Afterschool. They ticket kids for not having bike helmets LMAO.
12-05-08, 08:18 PM
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i live right at that corner... which should be the symatec building area.... have never had problems with cops even with dark tints and even.. redouts.... i'm fine ;D
12-15-08, 07:47 PM
#52
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I got blue nokya bulbs in my DRL/highbeams...
one day last week I forgot I had my light set on "auto" so my headlights came on when there was slight over cast... so DRL=off and hid=on, drove towards a local cop and he pulled a U right behind me, followed me for about 1/4 mile ran my plate and then turned off.
whole time I was sweating like 'what does he want?' then I figured it was my blue nokya bulbs
that are usually on as DRL.
one day last week I forgot I had my light set on "auto" so my headlights came on when there was slight over cast... so DRL=off and hid=on, drove towards a local cop and he pulled a U right behind me, followed me for about 1/4 mile ran my plate and then turned off.
whole time I was sweating like 'what does he want?' then I figured it was my blue nokya bulbs
that are usually on as DRL.
12-15-08, 08:17 PM
#53
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i don't remember people getting pulled over there... a few of my friends drive modded cars but they are rarely pulled over there... well i live in Cupertino City Center last time.. so yeah.... i got viniyls and dark tints... yeah...
03-03-09, 05:53 PM
#56
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Cthruis350 wins again.... 5th or 6th ticket at the de anza / stevens creek intersection... This time.. Surprisingly.... For.... Wait for it..
Tinted windows. Fail....
I think im done after this time..
Tinted windows. Fail....
I think im done after this time..
03-03-09, 08:20 PM
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from a legal standpoint, the police had the right to pull you over because he saw your blue tinted foglights. That was probable cause for him to pull you over to cite you for violation of VC 26101 - no modification to lights.
See text of VC 26101 here: http://www.leginfo.ca.gov/cgi-bin/di...le=26100-26106
But they probably did not have a legal right to search your car, and you could have told them no when they asked you to pop the hood, or open the trunk. You could have respectfully told him you did not consent. Unless you are under arrest (unlikely if it was just a routine traffic/equipment violation stop), they would need a warrant to search your car. It is your right to refuse the search unless they get a warrant.
http://public.findlaw.com/abaflg/flg-11-4b-1.html
They do have a "loophole" though -- if the officer feels "unsafe" during a routine traffic stop then he can check the car to make sure you do not have any weapons within reach. Police can use this as an excuse to search your passenger compartment and maybe even the glovebox, but that does not extend to the trunk or under the hood, because obviously you wouldn't be able to easily run to either spot to pull a weapon right? This is where the cop has a lot of discretion though -- they can use almost any kind of excuse to say they feel "unsafe". If it's late at night, you're a minority, driving a nice car that he/she feels is unbefitting you (yeah you bet that's racial profiling), you acting suspicious, they can use any of that as an excuse.
Those are your legal rights. Practically though, should you refuse the search? Maybe not. If they want to give you a hard time, they could just detain you and inconvenience you even more, asking all kinds of questions and maybe letting them search if you have nothing to hide will make the stop shorter and be less confrontational. But they already had you on the tinted fogs so they would write you that ticket anyways. They could say that was probable cause to think that your car was probably modified in other ways, and use that to inspect the rest of your car for further violations, i.e. finding out that you had tinted windows, or illegal intake or exhaust mods. But let's say you consented to the search and they found pot in the passenger seat, a loaded gun in the back seat, or an illegal intake under the hood. Now because you consented they were able to find more offenses and possibly cite or arrest you for those. Obviously if you had something to hide you should just shut up and not consent to anything else without a warrant. You can ask them to call a superior officer if you think they are treating you unfairly or acting in violation of search-and-seizure laws. All these things are within your rights but know that in real life that will just mean they will take an even harder look at you and your car. They might even threaten to tow your car to impound while they "sort out the paperwork" on the warrant. You would have little choice at that point, and while you might eventually win the moral victory when you fight it in court, the fact is, they totally wrecked your day and you have all that hassle to worry about.
Moral of the story? The Man has your nuts in a vise... if you do anything illegal, even light or window tints, that gives them reason to pull you over and it all snowballs from there. If you don't want to get hassled, then conform with the rest of the sheep and don't mod your car in violation of the vehicle code.
See text of VC 26101 here: http://www.leginfo.ca.gov/cgi-bin/di...le=26100-26106
But they probably did not have a legal right to search your car, and you could have told them no when they asked you to pop the hood, or open the trunk. You could have respectfully told him you did not consent. Unless you are under arrest (unlikely if it was just a routine traffic/equipment violation stop), they would need a warrant to search your car. It is your right to refuse the search unless they get a warrant.
http://public.findlaw.com/abaflg/flg-11-4b-1.html
They do have a "loophole" though -- if the officer feels "unsafe" during a routine traffic stop then he can check the car to make sure you do not have any weapons within reach. Police can use this as an excuse to search your passenger compartment and maybe even the glovebox, but that does not extend to the trunk or under the hood, because obviously you wouldn't be able to easily run to either spot to pull a weapon right? This is where the cop has a lot of discretion though -- they can use almost any kind of excuse to say they feel "unsafe". If it's late at night, you're a minority, driving a nice car that he/she feels is unbefitting you (yeah you bet that's racial profiling), you acting suspicious, they can use any of that as an excuse.
Those are your legal rights. Practically though, should you refuse the search? Maybe not. If they want to give you a hard time, they could just detain you and inconvenience you even more, asking all kinds of questions and maybe letting them search if you have nothing to hide will make the stop shorter and be less confrontational. But they already had you on the tinted fogs so they would write you that ticket anyways. They could say that was probable cause to think that your car was probably modified in other ways, and use that to inspect the rest of your car for further violations, i.e. finding out that you had tinted windows, or illegal intake or exhaust mods. But let's say you consented to the search and they found pot in the passenger seat, a loaded gun in the back seat, or an illegal intake under the hood. Now because you consented they were able to find more offenses and possibly cite or arrest you for those. Obviously if you had something to hide you should just shut up and not consent to anything else without a warrant. You can ask them to call a superior officer if you think they are treating you unfairly or acting in violation of search-and-seizure laws. All these things are within your rights but know that in real life that will just mean they will take an even harder look at you and your car. They might even threaten to tow your car to impound while they "sort out the paperwork" on the warrant. You would have little choice at that point, and while you might eventually win the moral victory when you fight it in court, the fact is, they totally wrecked your day and you have all that hassle to worry about.
Moral of the story? The Man has your nuts in a vise... if you do anything illegal, even light or window tints, that gives them reason to pull you over and it all snowballs from there. If you don't want to get hassled, then conform with the rest of the sheep and don't mod your car in violation of the vehicle code.
