The "GetBack Whip" Issue Revisited
By California Motorcycle Accident and Biker Lawyer, Norman Gregory Fernandez, Esq., © 2009
May 2009
I wrote an article on July 6, 2008, about the Getback Whip, which you can read by clicking here now.
In the article I discussed the fact that the Getback Whip is not specifically made illegal by California Code, but that under certain circumstances, the use of a Getback Whip could be construed as a crime.
Since I wrote the article, I have been contacted by people who have been busted with the whip or whips, and have heard that certain prosecutors and law enforcement agencies throughout the State are busting people with Getback Whips by labeling them a “Slungshot” which is a prohibited weapon in the State of California.
A slung shot has been defined as a weight, as a stone or a piece of metal, fastened to a short strap, chain, or the like, and used as a weapon and is prohibited by California Penal Code §12020.
I have not heard the outcome of any of the Getback whip cases, but in my update to the original article, I have opined that you should not have a Getback Whip on your motorcycle in California until this issue gets resolved one way or another, or you risk being charged with a felony. (State Prison for a year or more)
Going one step further; in California Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. California Penal Code §245(a)(1).
Basically PC § 245(a)(1) can and is construed to make all types of instruments deadly weapons if they can and do produce great bodily injury. Under this statute, a hammer could be a deadly weapon, a wrench could be a deadly weapon, a screwdriver can be a deadly weapon, a flashlight can be a deadly weapon, and yes a Getback Whip can be a deadly weapon.
It is what you do with the instrument that counts.
Therefore in closing, I am again recommending that based upon the current climate in California, you should remove any Getback Whips from your motorcycle pending the outcome of the Courts decisions in these cases. In no circumstance other than Self Defense with reasonable force, should you use an instrument on someone else which is likely to produce great bodily harm.
Citations for Red Light Camera Get the Green Light
May 30, 2009
SAN DIEGO -- Police Saturday will begin enforcing three recently installed traffic light cameras in Kearny Mesa, Torrey Pines and Midtown, with the help of automated cameras.
Anyone who runs a red light at one of the intersections can expect to receive a citation with a minimum $436 penalty in the mail, said San Diego police spokeswoman Monica Munoz.
The newly enforced intersections are: Balboa Avenue at Kearny Villa Road; North Torrey Pines Road at Genesee Avenue; and Rosecrans Street at Nimitz Boulevard, said Munoz.
The automated system operates using cameras mounted on poles and sensors buried in the pavement near the intersection. Once the signal turns red, a vehicle that trips the sensors and travels into the intersection will be photographed from the front and rear.
Warning citations were issued for the first 30 days of the systems' operation, but the warning period has ended.
New ID rules begin June 1 for Mexico, Canada trips
May 30, 2009
New rules requiring passports or new high-tech documents to cross the United States' northern and southern borders are taking effect Monday, as some rue the tightening of security and others hail it as long overdue.
Before the new rule, travelers only needed to show identification, such as a driver's license, and orally declare their citizenship. In 2008, the federal government changed that rule to require proof of citizenship, such as a birth's certificate or a passport.
Under the new rule, travelers also can use a passport card issued by the U.S. State Department to cross land borders. The card does not work for air travel. At $45 for first-time applicants, it's a more affordable alternative to the traditional passport, which costs $100. More than 1 million passport cards have been issued since last year.
Identification documents available under the "Trusted Traveler" programs are also accepted. Those require fees ranging from $50 to more than $100. These programs, developed by the U.S, Canadian and Mexican governments, allow vetted travelers faster access to the border. In some cases, members in these programs have their own lanes at border crossings.
Enhanced driver's licenses, which use a microchip to store a person's information, also can be used to cross the northern and southern borders. Washington state, Vermont, New York, and Michigan are the only states that offer them so far. An application process and interview are required for these licenses.
There will be some exceptions. Children under 16 traveling with family, people under 19 traveling in youth groups, Native Americans and members of the military will be able to use different forms of identification. Also, travelers in cruises that depart from a U.S. port, sail only within the Western Hemisphere and return the same port do not have to comply.
