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Posted: 1/19/2015 10:26:18 PM EST
Interesting law suit. I can't wait to see how this will play out in the California courts.

Full story at link:


http://blogs.ocweekly.com/navelgazing/2015/01/chp_dui.php

Daniel Ray Fernandez has filed a complaint for damages because he claims a CHP officer stopped him for driving in excess of 100 mph on Interstate 5 near Disneyland, impounded his motorcycle, gave him a traffic ticket, and left him on the side of the highway heavily intoxicated, moneyless and without a cell phone.
Link Posted: 1/19/2015 10:29:38 PM EST
shoulda tasered his ass before driving off.
Link Posted: 1/19/2015 10:31:10 PM EST
Link Posted: 1/19/2015 10:34:14 PM EST
Daniel Ray Fernandez has filed a complaint for damages because he claims a CHP officer stopped him for driving in excess of 100 mph on Interstate 5 near Disneyland, impounded his motorcycle, gave him a traffic ticket, and left him on the side of the highway heavily intoxicated, moneyless and without a cell phone.
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holy fuck that is hilarious
Link Posted: 1/19/2015 10:35:28 PM EST
Huh...

What was the traffic ticket? Linked article does not say.



Link Posted: 1/19/2015 10:36:43 PM EST
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Originally Posted By TinLeg:
Huh...

What was the traffic ticket? Linked article does not say.



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Driving in excess of 100 mph.
Link Posted: 1/19/2015 10:38:33 PM EST
Hmm odd ...

DUI's are a pain in the ass
Link Posted: 1/19/2015 10:41:49 PM EST
Well now! If he wins you can all say goodbye to a "Warning"! This is why you all can't have nice things!
Link Posted: 1/19/2015 10:42:26 PM EST
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Originally Posted By 1387Delta:

Driving in excess of 100 mph.
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Originally Posted By 1387Delta:
Originally Posted By TinLeg:
Huh...

What was the traffic ticket? Linked article does not say.


Driving in excess of 100 mph.


Sheesh...

Well, were I in his situation I think I would have found a convenient tree or corner to sleep it off until daylight - and be grateful for getting off so easy.


Is that section of interstate rural or urban?
Link Posted: 1/19/2015 10:45:30 PM EST
Link Posted: 1/19/2015 10:50:35 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By TinLeg:


Sheesh...

Well, were I in his situation I think I would have found a convenient tree or corner to sleep it off until daylight - and be grateful for getting off so easy.


Is that section of interstate rural or urban?
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Originally Posted By TinLeg:
Originally Posted By 1387Delta:
Originally Posted By TinLeg:
Huh...

What was the traffic ticket? Linked article does not say.


Driving in excess of 100 mph.


Sheesh...

Well, were I in his situation I think I would have found a convenient tree or corner to sleep it off until daylight - and be grateful for getting off so easy.


Is that section of interstate rural or urban?

Densely populated.



Link Posted: 1/19/2015 10:52:32 PM EST


its shit like this that makes me want to turn in my badge

Link Posted: 1/19/2015 10:52:37 PM EST
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Originally Posted By Aimless:
NYSP got shellacked years ago when they dumped two drunks in a park to sleep it off and they wandered onto the highway and got,hit. Leaving a shitfaced guy on the side of the road after ticketing him and taking his vehicle = get out the check book dummies.
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Originally Posted By Aimless:
Originally Posted By 1387Delta:
Interesting law suit. I can't wait to see how this will play out in the California courts.

Full story at link:


http://blogs.ocweekly.com/navelgazing/2015/01/chp_dui.php

Daniel Ray Fernandez has filed a complaint for damages because he claims a CHP officer stopped him for driving in excess of 100 mph on Interstate 5 near Disneyland, impounded his motorcycle, gave him a traffic ticket, and left him on the side of the highway heavily intoxicated, moneyless and without a cell phone.
NYSP got shellacked years ago when they dumped two drunks in a park to sleep it off and they wandered onto the highway and got,hit. Leaving a shitfaced guy on the side of the road after ticketing him and taking his vehicle = get out the check book dummies.

Yeah, I don't think it will end well for the CHP.

Inside the Ronald Reagan Federal Courthouse in Santa Ana, U.S. District Court Judge Josephine L. Staton will preside over the case if an upcoming mediation conference with Fernandez, who turns 32 years old tomorrow, doesn't resolve the dispute before a future jury trial.
Link Posted: 1/19/2015 10:53:23 PM EST
Important to note the drunk was hit by a car walking up an off-ramp and broke his arm, wrist, elbow, ankle, and was knocked unconscious.
Link Posted: 1/19/2015 10:59:14 PM EST
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Originally Posted By SnowboundinNH:
Important to note the drunk was hit by a car walking up an off-ramp and broke his arm, wrist, elbow, ankle, and was knocked unconscious.
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So, he was in a safe spot and then chose to walk onto the freeway?

That will be on him.
Link Posted: 1/19/2015 11:11:03 PM EST
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Originally Posted By RDP:


So, he was in a safe spot and then chose to walk onto the freeway?

That will be on him.
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Originally Posted By RDP:
Originally Posted By SnowboundinNH:
Important to note the drunk was hit by a car walking up an off-ramp and broke his arm, wrist, elbow, ankle, and was knocked unconscious.


So, he was in a safe spot and then chose to walk onto the freeway?

That will be on him.



I believe he was left ON the freeway and had to walk off.
Link Posted: 1/19/2015 11:17:26 PM EST
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Originally Posted By PinePig:



I believe he was left ON the freeway and had to walk off.
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Originally Posted By PinePig:
Originally Posted By RDP:
Originally Posted By SnowboundinNH:
Important to note the drunk was hit by a car walking up an off-ramp and broke his arm, wrist, elbow, ankle, and was knocked unconscious.


So, he was in a safe spot and then chose to walk onto the freeway?

That will be on him.



I believe he was left ON the freeway and had to walk off.


Walking up an off ramp would mean he is walking back onto the freeway. That is how I read it.
Link Posted: 1/19/2015 11:24:37 PM EST
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Originally Posted By RDP:


Walking up an off ramp would mean he is walking back onto the freeway. That is how I read it.
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Originally Posted By RDP:
Originally Posted By PinePig:
Originally Posted By RDP:
Originally Posted By SnowboundinNH:
Important to note the drunk was hit by a car walking up an off-ramp and broke his arm, wrist, elbow, ankle, and was knocked unconscious.


So, he was in a safe spot and then chose to walk onto the freeway?

That will be on him.



I believe he was left ON the freeway and had to walk off.


Walking up an off ramp would mean he is walking back onto the freeway. That is how I read it.


What if the off ramp is uphill? He is walking "up" the ramp to exit.

I have no idea.
Link Posted: 1/19/2015 11:26:19 PM EST
[Last Edit: 1/19/2015 11:29:07 PM EST by RDP]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Abrenneman:

What if the off ramp is uphill? He is walking "up" the ramp to exit.

I have no idea.
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I could see that too. Did he sue the car that hit him too?

ETA- can't find anything about the car that hit him.

I wonder where he was walking for the 30 minutes prior to getting hit. I also wonder if he stopped at a convenience store and had anything to drink.
Link Posted: 1/19/2015 11:51:19 PM EST
Link Posted: 1/19/2015 11:55:54 PM EST
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Originally Posted By Bama-Shooter:
He will win.
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...and rightfully so.
Link Posted: 1/19/2015 11:59:34 PM EST
The CHiPpies are screwed. They created a "special relationship" with the "victim" when they contacted him, cited him and towed his motorcycle. That being said, the only sure way to get a CHiPpie to come out and handle a call is to mention a drunk who is or has been driving. It's like offering free vagina at the whorehouse; they come out of the woodwork. I've never seen a CHiPpie turn down a deuce arrest.
Link Posted: 1/20/2015 2:07:57 AM EST
Blaming any officer for being responsible for your safety is a liberals argument for sure.
Link Posted: 1/20/2015 2:20:30 AM EST
The CHP doesn't leave anyone on the freeway around here. One way or another they always get pedestrians off the freeway.
Link Posted: 1/20/2015 2:27:38 AM EST
So he admits to reckless driving while intoxicated?
If I was on the jury I wouldn't award him a dime, not even legal fees, in the interest of protecting the taxpayer.
Link Posted: 1/20/2015 2:47:32 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Abrenneman:


What if the off ramp is uphill? He is walking "up" the ramp to exit.

I have no idea.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Abrenneman:
Originally Posted By RDP:
Originally Posted By PinePig:
Originally Posted By RDP:
Originally Posted By SnowboundinNH:
Important to note the drunk was hit by a car walking up an off-ramp and broke his arm, wrist, elbow, ankle, and was knocked unconscious.


So, he was in a safe spot and then chose to walk onto the freeway?

That will be on him.



I believe he was left ON the freeway and had to walk off.


Walking up an off ramp would mean he is walking back onto the freeway. That is how I read it.


What if the off ramp is uphill? He is walking "up" the ramp to exit.

I have no idea.


This is the entrance and exit to the 22 from grand.


Link Posted: 1/20/2015 2:47:34 AM EST
Maybe i need to start drinking.
Link Posted: 1/20/2015 3:25:39 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By vojta:
The CHiPpies are screwed. They created a "special relationship" with the "victim" when they contacted him, cited him and towed his motorcycle. That being said, the only sure way to get a CHiPpie to come out and handle a call is to mention a drunk who is or has been driving. It's like offering free vagina at the whorehouse; they come out of the woodwork. I've never seen a CHiPpie turn down a deuce arrest.
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So much THIS
Link Posted: 1/20/2015 3:58:27 PM EST
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Originally Posted By Bama-Shooter:
He will win.
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This. Should have been arrested for DUI/DWI.
Link Posted: 1/20/2015 4:02:31 PM EST
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Originally Posted By TinLeg:


Sheesh...

Well, were I in his situation I think I would have found a convenient tree or corner to sleep it off until daylight - and be grateful for getting off so easy.


Is that section of interstate rural or urban?
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Originally Posted By TinLeg:
Originally Posted By 1387Delta:
Originally Posted By TinLeg:
Huh...

What was the traffic ticket? Linked article does not say.


Driving in excess of 100 mph.


Sheesh...

Well, were I in his situation I think I would have found a convenient tree or corner to sleep it off until daylight - and be grateful for getting off so easy.


Is that section of interstate rural or urban?


By Disneyland, yeah that's urban, and up to 16 lanes wide.
Link Posted: 1/20/2015 4:03:50 PM EST
Damn. Why the fuck they didn't book him is a valid question, but in CA I know it's illegal to walk along the freeway absent an emergency. The cops left him in a physically dangerous, not to mention illegal, position even if he hadn't been drunk.

Even in social situations I've never met a CHP officer I liked, so maybe I'm just biased.
Link Posted: 1/20/2015 4:04:17 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By RDP:


Walking up an off ramp would mean he is walking back onto the freeway. That is how I read it.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By RDP:
Originally Posted By PinePig:
Originally Posted By RDP:
Originally Posted By SnowboundinNH:
Important to note the drunk was hit by a car walking up an off-ramp and broke his arm, wrist, elbow, ankle, and was knocked unconscious.


So, he was in a safe spot and then chose to walk onto the freeway?

That will be on him.



I believe he was left ON the freeway and had to walk off.


Walking up an off ramp would mean he is walking back onto the freeway. That is how I read it.


Nope, along there walking "up" an off-ramp is leaving the freeway at most off-ramps. You guys are going to make me actually read the article aren't you?

Link Posted: 1/20/2015 4:07:10 PM EST
He'll win.

Dumbass cop leaving a drunk on the FREEWAY. Blew a .204. Arrest should be mandatory.

Feel sorry for tax payers.
Link Posted: 1/20/2015 4:15:39 PM EST
I just would've been happy with the injuries...
Link Posted: 1/20/2015 4:17:24 PM EST
hmmm, if he made it to the 22 and Grand after being left on the 5 someplace, he was pretty mobile and walking well. Depending on your definition of "near Disneyland", he made it several miles and through the "Orange Crush" interchange. I'm not going to say it's impossible to walk on the freeway from "near Disneyland" to there, but it's damn near impossible.

I would define "near Disneyland" as being between the Lincoln ramps and the Katella ramps. The writer seems to be using the entire county as being near Disneyland. (Which when out of state, many of us from around hear answer the question of, "Where's that?" with"Near Disneyland."

BTW the OC Weekly is staffed with a bunch of libtard commie weenie pinko stoners la raza types that want to give California back to Mexico. It's supported by advertising for pot shops, massage parlors, strip joints and alleged Medical Doctors selling MJ approval appointments. I'm not sure I would tend to rely on it for any kind of accuracy.
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