Q: there any law in California where you can be charged for something another vehicle possibly a friends/families vehicle?
I constantly see videos where street racing cars get pulled over or a motorcycle group is being chased by police and police only pulls one of them over but typical the one getting pulled over is the only one NOT doing what the others are doing such as speeding, swerving threw traffic, or doing wheelies or even trying evade the cops but the ones that always get pulled over are the ones that weren’t speeding or doing anything dangers. Sometimes it’s someone that isn’t even part of the group of people such as a group of motorcycles go threw traffics and speed off to evade police, but someone not part of that motorcycle group coincidentally is there at a red light that all the other motorcycles went threw, but this one motorcycle did not. And that one motorcycle is the one that gets pulled over and gets either a ticket because of what the others did or gets threatened a ticket because all the others went threw that red light is this legal? And if it is why?And what law would this be
A: Its legal to ticket motor vehicle operators if the police officer observed them violating a traffic law. The fact that the officer can't ticket every one of the persons in the group is not a defense.
A: Its legal to ticket motor vehicle operators if the police officer observed them violating a traffic law. The fact that the officer can't ticket every one of the persons in the group is not a defense.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, individuals are typically responsible for their own actions while operating a vehicle. You cannot be legally charged for traffic violations committed by others, even if they are friends or family members. If you are part of a group, such as a motorcycle convoy, and others in the group are violating traffic laws, you should not be held responsible for their actions unless you are also engaging in similar illegal behavior.
However, there might be situations where law enforcement officers pull over a vehicle that is associated with a group but not directly involved in the illegal activity. This can happen due to confusion or misidentification, especially in fast-moving situations. If you find yourself in such a situation, it's important to remain calm and cooperate with the officer.
If you receive a ticket or are charged with an offense you did not commit, you have the right to contest it. You can do this by attending the court date specified on the ticket and presenting your case, ideally with evidence or witnesses to support your claim that you were not involved in the illegal activities.
It's also advisable to seek legal advice in such situations. An attorney can help you understand your rights and the best course of action to take in your specific circumstances. Remember, each traffic stop or legal case can have its own nuances, and legal advice should be tailored to the specific facts of your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
