Q: What happens if an officer asks investigative questions before stating reason for stop (violating ab 2773) in 2024
Chp officer asking driver if they know why they pulled them over in California. Also asking the driver if they knew their speed prior to telling them the reason for stopping them. Passenger in car but officer showed no sign of stress or concern for kidnapping. Is that legal or does that violate ab 2773? Can the ticket be dismissed on a technicality?
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A:
Under AB 2773, California law requires officers to inform drivers of the reason for a traffic stop before asking any investigative questions. If the officer asked about your speed or if you knew why you were pulled over before telling you the reason for the stop, it could be a violation of this law. However, this doesn't automatically mean the ticket will be dismissed.
In some cases, a violation of AB 2773 could be used to challenge the ticket, but the success of such a challenge would depend on how the court interprets the situation. It would need to be shown that the officer’s actions had a significant impact on your rights during the stop.
If you believe your rights were violated, it may be helpful to raise this issue in court and present your case. You might have a valid argument, but it’s not guaranteed that the ticket will be dismissed solely on this technicality.
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