2800 VC

[uoplax13]

Have any of you officers found yourselves citing 2800(a) VC a lot? Without getting to inappropriate levels of detail. can you give some examples?

[BoySergeant]

Have any of you officers found yourselves citing 2800(a) VC a lot? Without getting to inappropriate levels of detail. can you give some examples?

Cite for 2800(a)? Nope... I take you to jail for that one. Er... I have an officer take you to jail for that one! ;)

[Mac]

...Er... I have an officer take you to jail for that one! ;)
LOL!!! RHIP, right? :think:

I agree with the ManChild Sgt - 2800(a) isn't a cite, that's a trip to "el carcel".

[uoplax13]

LOL!!! RHIP, right? :think:

I agree with the ManChild Sgt - 2800(a) isn't a cite, that's a trip to "el carcel".

Duh...that makes way more sense. I think I just confused myself a little while reading 40303 since there only seems to be mention of 2800 when talking about some sort of inspection...:redface: Thank you, gentlemen.

[Mac]

40303(a) is just defining 2800(a) as a "may-take" if somebody falls under one of those subsections listed in 40303(b)....you can either cite and release them, take them immediately before a magistrate (during court hours), or take them to jail. 40304 VC states that all other misdemeanors in the VC related to the operation of vehicles or use of the highways is a "may-take", so that would cover other instances of 2800(a) not specifically addressed in 40303(b).

[uoplax13]

40303(a) is just defining 2800(a) as a "may-take" if somebody falls under one of those subsections listed in 40303(b)....you can either cite and release them, take them immediately before a magistrate (during court hours), or take them to jail. 40304 VC states that all other misdemeanors in the VC related to the operation of vehicles or use of the highways is a "may-take", so that would cover other instances of 2800(a) not specifically addressed in 40303(b).

Thanks, again. Total brain fart. I was sitting here thinking...hmm, 40301 takes care of felonies, but what about all the other misdemeanors?!?! and....even though we've probably read over 40304 plenty of times, my eyes just skipped right over it. Time to catch up on sleep this weekend!

[2100VC]

This post is all over the place...:biggrin:

40304 does not apply to 2800(a) in the "other" circumstances.

40304 reads:

Whenever any person is arrested by any member of the
California Highway Patrol for any violation of any state law
regulating the operation of vehicles or the use of the highways
declared to be a misdemeanor but which offense is not specified in
this code......blah blah

2800 is specified in the code. 40304 is talking about other codes and ordinances other than the VC.

2800 other than what is listed in 40303 is not a bookable offense. Yes, a lot of mistakes have been made on this and I am sure it will keep happening. Many times a 2800 situation can turn into a 148 PC. Then it may be appropriate to go 10-15. Refer 853.6 PC

2410 gives us the authority to manage traffic and use 2800. It is an extremely broad authority and is very powerful. I don't use 2800 very often but it will usually be used for a refusal to do submit to an inspection.

The problem is many officers don't understand what an appropriate lawful order is. I've heard an officer give a lawful order to someone to buy a carseat for their child. Bzzzzz...WRONG. You can't give a lawful order to someone for a law listed in the code.

[uoplax13]

This post is all over the place...:biggrin:

40304 does not apply to 2800(a) in the "other" circumstances.

40304 reads:

Whenever any person is arrested by any member of the
California Highway Patrol for any violation of any state law
regulating the operation of vehicles or the use of the highways
declared to be a misdemeanor but which offense is not specified in
this code......blah blah

2800 is specified in the code. 40304 is talking about other codes and ordinances other than the VC.

2800 other than what is listed in 40303 is not a bookable offense. Yes, a lot of mistakes have been made on this and I am sure it will keep happening. Many times a 2800 situation can turn into a 148 PC. Then it may be appropriate to go 10-15. Refer 853.6 PC

2410 gives us the authority to manage traffic and use 2800. It is an extremely broad authority and is very powerful. I don't use 2800 very often but it will usually be used for a refusal to do submit to an inspection.

The problem is many officers don't understand what an appropriate lawful order is. I've heard an officer give a lawful order to someone to buy a carseat for their child. Bzzzzz...WRONG. You can't give a lawful order to someone for a law listed in the code.

So, what you're saying is that an officer can give someone a lawful order per 2800, and the person that refuses that order is really pulling a 148 PC, and that's what you'd be arresting them for. i.e. you wouldn't ever arrest someone for 2800 unless it was one of the specified instances in 40303. .....I hope that's it, because it sorta makes sense now:smile: