This time I called the "watch commander", he said that there is no reason at all to get a CA drivers license.

I told him about everything.

He said he is gonna talk to the guy in question later tonight.

This might end up cost me $ that could have been spent on a box of .22lr.  

So here I sit at 3:45 am Texas time taking this all in.   I've gone from frustration, to concern to being "disgruntled".

I'm half a mind to fly out there and drive the damn car 150 MPH down the PCH.

On another thread someone mentioned that if you are repeatedly pulled over by the same officer you
can get him legally restrained.  

Looks like I'm gonna be lawyer'ing up come Monday morning.   The cop actually advised that I would
be wasting my time to hire a traffic attorney.  He has no idea what type lawyers I am accustomed to.
I see a new sport on the horizon for myself.  I see something to dedicate my time to in the near future.

How many times has this same cop pulled your son over?

Driving 150 mph on PCH will get you arrested, possibly on felony charges, and thrown in jail until you make bail.  In Malibu, this will happen the first time you try it.  The Malibu PD watches PCH like hawks.  They enforce traffic laws very aggressively.  

If the cop is truly harassing your son, the lawyer will help.  If your son is violating the laws, the lawyer will not help.

I realize that many herein think I am likely the guy that is saying his kid ain't doin nuffin wrong at all.

Believe me that is not the case.  There is blame on both sides, my kid has done a couple of things
in violation of the law.  However, the actions of the other side pale in comparison.  One party here
has Malum prohibitum issues, the other party has Malum in se issues.

That said, I've started down the path of being represented and as such won't be giving out much info here
until things are squared away.

Do you realize I was joking about that?  My point was that the actions of the cops would then be warranted.

Actually, I did.  I was just trying to relate the nature of traffic law enforcement in Malibu and especially on PCH.  They have a LOT of traffic accidents up there due to excessive speed, joy riding, drunk driving,... by people who should know better.  

Heck, even I got a ticket there once.    I was ticketed for speeding but was not.  He just didn't like how I was driving my motorcycle and decided to ding me for it.  The magistrate who heard my plea was unsympathetic and I paid the fine.  Honestly, I was not driving properly but was not speeding.

I hear ya.

But, let's move on to the important question, "Are you OK with this type behavior within our system?"  I hope I misinterpret the fact you seem
OK with the state of affairs.

IMHO, EVERY LEO should understand the definition of residency in their jurisdiction. I have NO tolerance for the fact that one does not.  Sorry
I am so rigid on things and all.  

Why should LE be given a pass in regard to the fundamentals of their job?  "In the real world" your are required to know the details or the
system chews you up and spits your ass out. And no apologies are given.

I ve never heard of Malibu PD but that area is patrolled by Los Angeles County Sheriffs Dept. Doing 150mph on Highway 1/ Pacific Coast Highway should land him in jail for reckless driving regardless of being pulled over by the same Deputy or not. LAPD would have done the same and impounded vehicle.

What are you talking about.  No one was driving 150 mph.  In fact in only one of three incidences was speed even mentioned.  In another he was sitting at a red light.

I was joking about me doing that in protest.

The issue started by driving a car in CA with a Texas license plate.  If you would go back and read everything you will find that in all encounters the car, while perhaps precipitating the stop, was never an issue.  

The issue is him being told that he cannot drive in CA without getting a CA DL.  Which is not going to happen unless he decides to become a resident of CA.  

PS:  I don't think I've ever directly specified exactly where, what school or what agency.  IF I did so tell me and I'll go delete it.

You are focusing on an utterly insignificant issue relative to the topic under discussion.  To me, any LEO patrolling near Malibu is Malibu PD.  There is a Sherriff's office in Malibu.  

The OP also pointed out he was not serious about doing it - this is spouting off and nothing more.  <--- I can't think of the term/word for this but exaggerating to make a point comes to mind.


Is anyone happy with what happened to your son?  No, probably not, but none of us were there so we have no first hand facts.  

If your son did something wrong, a lawyer will not help.  If he did not do anything, a lawyer will help.


Why are you pushing this topic here, when none of us can help you?  Why isn't your son the one posting?

"Drama queen"

By an Texan.

In the California HTF.

Cops write citations based on PC - sometimes cops are wrong and the issue is addressed in a court room.  The vast majority of people living in CA and driving cars with out of state plates are legitimately CA residents.  I don't remember the specifics of the CVC student exemption you posted but attending school by choice for 4 years in CA and claiming TX (or any other state) residency seems like a violation of the spirit of "residency" to me.  Active duty .mil assigned to a base outside of thier home state is different IMO.

In that case states should not charge non-resident tuition to out of staters..

Turns out one school out there uses the line of reasoning that I came up with, some place called Getty.

http://www.getty.edu/osip/preparing/driving.html

See the link to the PDF toward the beginning.

Most of the students that pay non-resident tuition only do so for the first year in my experience - until they can establish residency.

I'm not sure The Getty has 4 year programs - The Getty is the big ass museum overlooking the 405 freeway/Westwood.

Regardless the state code goes by enrollment, being less than 24 years of age and triggering coverage under CVC 12505.

And yeah, I know what The Getty is - pretty prestigious place.

PS:  Don't know about CA but TX makes it hard to convert to instate tuition if you start from out of state.  Unless you are here illegally from
another country and then the state will virtually foot your entire bill.  

File a harassment charge against the officer. My wife is an attorney in CA, that's what she suggested.

The non-resident student exemption goes by enrollment, age, dependent status on fed taxes and students employment status.  There is a catch all phrase about "other activities indicting residency" as well in the main portion of the section.

Again, it sounds like your son is meeting the letter of the law but that won't prevent him from being stopped by the local cops because there will always be new cops coming to that beat and they'll stop your son.  I'm guessing most of the cops around Pepperdine have heard excuses ad nauseum (I grew up in 1000 Oaks and spent many a night in Malibu during college breaks) and will tell your son to explain it to a judge.

I don't recall it being that difficult for people to establish CA residency but that was over 20 years ago.

brian4wd, you've got it all wrong.

They are trying to AVOID residency in California.

I know what he's trying to do.  The conversation took a slight turn.

Please check your IM.

The Getty, while it may have some degree programs, or not, is not a state school, so it falls under the their school their rules category.

For state schools, a Texan would have to pay out of state rates, an illegal alien in state rates.

There are two large Getty museums in the area.  Malibu Getty is mostly Roman and Greek statuary, carvings and similar "hard" art.  The Getty on the 405 is hang on the wall art for the most part.

I think you mentioned Pepperdine somewhere in one of your posts.

If he is living in the Malibu area, Pepperdine will be at the top of a pretty short list of schools around there.

Would I be surprised if they aggresively enforce on PCH, Topanga Canyon and other "main" roads around there?  no, it doesn't take much of an accident to send that area into gridlock..

Is your son somebody's special project?  maybe.  Is he a little less careful than he should be?  maybe.  I spect it's some of both.

California vehicle code

.

Going to school & living here is considered establishing residency.

You don't have the full story there.  Additional requirements are attending a public institution and paying in-state (resident) tuition.  His son is in a private school and may be living on-campus (dormitory).

Here is a cross post from Chas' other thread.

More details from DMV web site:


California Resident
(CVC §516)
Any person who manifests an intent to live or be located in this state on more than a temporary or transient basis.
•Presence in California for six months or more in any 12-month period gives rise to a rebuttable presumption of residency.
•The following are evidence of residency for purposes of vehicle registration:
— Address where registered to vote.
— Location of employment or place of business.
— Payment of resident tuition at a public institution of higher education.
— Attendance of dependents at a primary or secondary school.
— Filing of a homeowner’s property tax exemption.
— Renting or leasing a home for use as a residence.
— Declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident.
— Possession of a California driver license.
EXCEPTION: A nonresident student.
— Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.


Nonresident Student -
A student who is under 24 years of age, is a dependent, pays nonresident tuition, and is unemployed.
EXCEPTION: A student may be employed in a position required as part of the student’s educational field when the student’s earnings are directed toward his or her education rather than being taken as an income.
For example: A communications major working in a radio station or a medical student working in a hospital or laboratory.

Subscribed awaiting OP's AAR breaking it off in the officers ass.  

not going to break it off it in his ass

This.

Not for the same thing I hope?

There has to be someone at the school you or your son can speak with in order to get some local clout behind him.  I live near Loyola Marymount and the police rarely bother the students when they are off campus (even those who live off campus).  Even the folks in the neighborhood are told to speak with the University's liaison when we have issues with the students.

I expect that most of the students at Loyola Marymount don't quite fit the mold of most college students, plus LM has been there a long time and has developed good relationships.  The more normal public funded mega-school is less fastidious about discipline, ethics and student behavior, especially once off their area of responsibility.  Same thing with Pepperdine to a somewhat lesser extent.

Actually, Loyola students are really bad.  The parties in the neighborhood, with students drunk-driving and speeding is probably the worst part of it.  The LAPD wouldn't do anything, so enough of us complained to the school where they set-up a liaison to work with the community.  One instance that stands out was us leaving the local Von's grocery that is in the middle of our neighborhood.  As we stepped out of the door, with our 5yo daughter in tow, a student came racing down the sidewalk (yes, the sidewalk), in a BMW barely missing us.  Cops were called with the out-of-state plate number, but we never heard back from them.  However, after we notified the school, they suspended the student and we got an apology.  Still not enough, IMO, but it was something.



On the other hand, Loyola goes out of their way to protect their students when it is appropriate.  I have seen the University circle the wagons for students when something happens to them (even off-campus), so it would not surprise me if Pepperdine did the same.



It is worth a shot at this point.



Eric  



 

Op may want to learn the requirements for DL's and Ca reg.  from what I can gather from the posts he is about to be embarrassed and waste a lot of money.  As far as being stopped and cited/arrested by the same officer.  If a violation has a occurred or reasonable suspicion exists he can stop you, no limit on amount.  Filing for a restraining order is a waste as there are numerous rulings on this.  

If op files a complaint and signs the bottom of the form and it is discovered to be an attempt to retaliate, watch out.  Many cops in California have had enough of the slanderous bullshit and have been filing civil suits.  

Virtually everything in your retort is WRONG.  The laws are crystal clear to the average person.

Yep, got lawyers involved, we were all very nice and cordial.

No one was embarrassed and no money was wasted.  

I do suggest, for out of state people, you carry a copy of your voter registration card, proof of property in another state and perhaps even go so far as to create a notarized statement of your intention to return to your property after a period of time in CA.  Yeah, it's shameful you need to go to the trouble but it might save you some trouble when you are sitting on the side of the road with John Law.

CVC 12505 spells everything out nice and simple like.

12505.  (a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a person’s state of domicile. "State of domicile" means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.

Prima facie evidence of residency for driver’s licensing purposes includes, but is not limited to, the following:

(A) Address where registered to vote.

(B) Payment of resident tuition at a public institution of higher education.

(C) Filing a homeowner’s property tax exemption.

(D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.

Your son is still going to get pulled over on occasion

Certainly.