Detained by County Sheriff

[aLiNZxCorRE]

Today I was pulled over by both the County Sheriff, and a California Highway Patrol man, then detained for downhilling my street (which has no sidewalks) and passing through a 3-Way Stop. They say I was going over the speed limit, and did not obey the rules of the road.

Since the incident required me to have my dad come pick me up, have me banned from my own and favorite street, and the attempted citation that would cause me to lose my provisional license, I hit the books and searched online for laws and whatnot. As a skateboarder I'm considered a pedestrian, with no sidewalk, the road is usable as a walkway, and as far as I've researched pedestrians have right of way and at a stop sign do not have to halt unless traffic is in motion through it.

Does anyone have anymore information, insight, loopholes, or see a hole in my argument?

[jizmnky]

they can take you provisional license away for that?!

[aLiNZxCorRE]

they can take you provisional license away for that?!

I lose my provisional license if I am cited, or arrested.

[jizmnky]

oh sh!t... where do you live?

[aLiNZxCorRE]

oh sh!t... where do you live?

sacramento area, ca

[jizmnky]

oh dang, theres been alot of trouble here in ca with downhill skateboarders latel

[aLiNZxCorRE]

oh dang, theres been alot of trouble here in ca with downhill skateboarders latel

its cause were all too good. i think the cop was mad cause she had to give it gas to catch up with me.

[jizmnky]

its cause were all too good. i think the cop was mad cause she had to give it gas to catch up with me.

it was a she cop?! well theres your problem...

[boarderaholic]

its cause were all too good. i think the cop was mad cause she had to give it gas to catch up with me.

Sounds like she missed her monthly ticket quota and decided to pick on a younger kid to make up for it....

[CasterTown]

it was a she cop?! well theres your problem...

haha awesome

also awesome is the fact that OP got teh IRL ban

[bagelbum]

where in sacramento? i'm from carmichael and have skated pretty much all the spots around.

local laws:
Skateboarding In California

21967. Except as provided in Section 21968, a local authority may
adopt rules and regulations by ordinance or resolution prohibiting or
restricting persons from riding or propelling skateboards on
highways, sidewalks, or roadways.

Skateboarding in Sacramento County

9.38.015 Prohibition of Skates, Etc. on Private Property and Public Property.

Except as provided in Section 9.36.066 of Chapter 9.36 and in such areas specifically designated for the use of such devices, no person shall ride upon any private or publicly owned property within the County of Sacramento a skateboard, roller skates, in-line skates, roller skis, or similar device, where the use of such devices has been declared prohibited by the owner or person in lawful possession of the property by the posting of a sign or signs prohibiting such activity. Such signs shall be erected at each entrance to the facility or property where the prohibition shall be in effect and shall clearly state the area or specific location of prohibition. (SCC 1084 § 1, 1997.)

[Bookworm]

L
O
L


you blew through a stop sign on a wheeled device at over the speed limit.

you ####ed up bro.

[bagelbum]

To continue with what I posted above:
(from the california vehicle code)

A “vehicle” is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

A four-wheel scooter on which a child is propelling himself by his foot while crossing a roadway is not a vehicle under this statute. Jermane v. Forfar (1952) 108 Cal App 2d 849, 240 P2d 351, 1952 Cal App LEXIS 1754, 30 ALR2d 860.

Bicycle is specifically eliminated from definition of vehicle. Tomson v. Kischassey (1956, 4th Dist) 144 Cal App 2d 363, 301 P2d 55, 1956 Cal App LEXIS 1727.

Then, you refer to above.
It's what I would use in Sacramento county. Down here in LA County, however...we can't ride more than 3% grade or over 10mph. gotta love norcal!

However...they could always cite this:
21956. (a) No pedestrian may walk upon any roadway outside of a business or residence district otherwise than close to his or her left-hand edge of the roadway.
(b) A pedestrian may walk close to his or her right-hand edge of the roadway if a crosswalk or other means of safely crossing the roadway is not available or if existing traffic or other conditions would compromise the safety of a pedestrian attempting to cross the road.

[Super Carp]

you blew through a stop sign on a wheeled device at over the speed limit.

I feel for you dude, but this guy's right. If you've got any kind of wheels the stop signs own you.

[Blaxie]

Thats scary and pretty lame but at least the cop didnt act like this....

YouTube - police brutality - go skateboarding...

[Tripped]

As far as I'm concerned, ALWAYS stop for a stop sign. Even if it's a four way stop, you can never trust the other drivers around you. That day could be the unlucky time when some idiot blows through a stop sign and smokes you. The reality is, you have a lot more to lose than someone in a metal cage that weighs 50 times more than you. When you think about this, whoever has the right of way is rather insignificant.

If you hadn't blown the stop sign, I'd totally support you. But I think you should just accept the fact that you messed up which instantly gives you no leg to stand on.

[-Mu-]

I'm down with the idea of fighting it to clear your record, but definitely learn from this experience.

[xtreme23]

As far as I'm concerned, ALWAYS stop for a stop sign. Even if it's a four way stop, you can never trust the other drivers around you. That day could be the unlucky time when some idiot blows through a stop sign and smokes you. The reality is, you have a lot more to lose than someone in a metal cage that weighs 50 times more than you. When you think about this, whoever has the right of way is rather insignificant.

If you hadn't blown the stop sign, I'd totally support you. But I think you should just accept the fact that you messed up which instantly gives you no leg to stand on.

the problem is a lot hills either have stop signs in the middle and when your trying to bomb the whole hill its not really practical to stop before a stop sign and then continue. having to blow thru stop signs wen necessary or with no cars around is something our sport has to deal with and if a ticket is the consequence then so be it but equipment confiscation is where i draw the line.

[Hawthorne]

After reading all this, i feel so lucky to live in the UK.
There are no laws for skating or longboarding.

And every police man or woman that has stopped me, has commented on my good use of safety equipment, safe use of roads and high visibility.

I feel for you guys, when you bomb a hill and the police or other people call the cops.

Sometimes when we go to a garage to skate, the guards come up and tell us that if we keep the noise down we can skate the levels with no cars on.

Hope you get out of this okay dude

[driftfreak]

three thing i want to mention:
1.) cops are cops. although they are "required" to follow the law of the land, especially in places as lawless as LA, (compared to, say, the bay area), they tend to like to make their own rules. therefore, fighting it would be futile. i say play the game, and don't make your record worse than it already is. one nice tip to remember is cops naturally hate skaters, so fighting a cop over this little incident could make it exponentially worse.
2.) that's why i skate at dawn. any other time, either i can't see, or the cops are more awake. at around 5-7 am, the cops that are on duty are usually finishing a night shift and are too tired to cause a ruckus.
3.) another reason to skate in a group. single cops don't mess with groups of people, especially skaters. i can say that from experience. bigger group = witnesses = cops less likely to do things they shouldn't be doing in the first place.

good luck mang!