No License to Speed in Laguna Beach : Law: Officers will keep writing tickets despite dismissal of citation because motorcycle was wrong color. Presiding judge is researching issue.
LAGUNA BEACH — While a judge further explores whether the city’s police motorcycles are painted the wrong color, officers can continue writing traffic tickets without fear that the citations will be tossed out of court, Police Chief Neil J. Purcell Jr. said Wednesday.
The color of the motorcycles became an issue recently when Traffic Commissioner Matt Flynn dismissed a speeding ticket based upon an obscure state law that says motorcycles used primarily for traffic enforcement must be either black and white or completely white, except for the trim.
The city’s motorcycles have for 10 years been white with blue trim and mostly blue gas tanks.
In response to Flynn’s decision, Purcell said his department was inundated with calls from motorists hoping to have their tickets dismissed as well.
Although Flynn had said he would throw out other tickets under similar circumstances, the presiding judge at South Orange County Municipal Court in Laguna Niguel said Wednesday no tickets will be dismissed, at least not until the city can obtain other opinions on the subject, according to Purcell.
The state attorney general’s opinion may be sought, or the district attorney’s office may be asked to appeal the case, Purcell said.
Presiding Judge Ronald P. Kreber could not be reached for comment.
But Santa Ana attorney John R. Farris Jr., who successfully defended the unnamed motorist in court on Oct. 23, said he is confident the commissioner’s decision will hold up.
“The case was dismissed in the interest of justice,†Farris said. “I think it was a narrow, proper, straight-up legal ruling.’
Farris’ client was clocked by radar doing 65 m.p.h. on El Toro Road, where the speed limit is 45, Purcell said.
Flynn said in an interview Tuesday that he had no choice but to rule as he did, considering the wording in the law.
If the motorcycle is painted improperly, he said, it constitutes a speed trap and means the officer involved cannot testify and the court cannot hear the case. He said this is the first time this issue has arisen in the four years he has been a traffic commissioner.
“I feel kind of bad about the thing because it’s caused all this furor,†Flynn said. “I don’t think anyone should be driving 20 miles (per hour) over the speed limit, but the law is the law.â€
When motorists see lights flashing in the rearview mirror, Flynn said, it is important for them to also see a motorcycle painted in the standardized way so they will know it is indeed a police officer and not “some crazy trying to stop them.â€
Farris, one of two members of a firm called Traffic Ticket Attorneys, said Laguna Beach is the only city he has found that does not have properly painted motorcycles.
But Purcell maintains that his department’s motorcycles are easily recognized as police vehicles. He said the previously all-white motorcycles were repainted in the early 1980s after he obtained permission from the California Highway Patrol commissioner in Sacramento. He said he is relieved that the presiding judge has taken an interest in the case.
“I believe there is a resolution down the road,†he said.
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