CHP answers claims against officer after traffic stop
BAKERSFIELD, Calif. (KBAK/KBFX) — A Bakersfield woman is still looking for answers following what she called a questionable traffic stop by a California Highway Patrol officer Sunday night.
The woman said she was scolded by the officer for not immediately stopping when the officer turned on his lights. Eyewitness News is now learning that the CHP has launched an internal investigation into the matter.
Sunday evening, Laura Aguilar was engaged in a traffic stop by a CHP patrol officer. She drove several miles on Highway 58 near Interstate 5 to a well-lit parking lot of a nearby convenience store before stopping.
“I kept explaining to him my kids were in the car with me, (and) I wanted to pull into a safe place,” Aguilar recalled.
She expressed how being patted down by a male officer made her uncomfortable.
“No one else was around, I didn't think a male officer could do that,: she said. "It was very uncomfortable.”
Aguilar said she was handcuffed and put in the front seat of the officer's patrol car. She would remain there for approximately 30 minutes while the officer conducted his investigation, including questioning her 8-year-old son sitting in her car with her 4-year-old son.
After speaking with a second arriving officer, she was given a speeding ticket and a warned her troubles might not be over.
“He stated (he’s) going to file a report with the DA's office, someone will contact you by mail if they decide to press charges,” she said.
Wednesday afternoon, CHP spokesman Sgt. Layne Logan detailed what charges the district attorney could consider.
“There is no legal guidelines as far as locations where officers have to make stops,” Logan said
He cited California Vehicle Code 21806 as the law they use for guide on the issue. It reads: “Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, and remain stopped until the authorized emergency vehicle has passed.”
Eyewitness News asked Logan if an additional law is needed to more focus on traffic stops?
“I wouldn't know what difference in wording would be necessary,” Logan said.
Logan could not comment on certain specifics in the Aguilar case but did confirm there is dash-cam video of the incident.
The woman said she was scolded by the officer for not immediately stopping when the officer turned on his lights. Eyewitness News is now learning that the CHP has launched an internal investigation into the matter.
Sunday evening, Laura Aguilar was engaged in a traffic stop by a CHP patrol officer. She drove several miles on Highway 58 near Interstate 5 to a well-lit parking lot of a nearby convenience store before stopping.
“I kept explaining to him my kids were in the car with me, (and) I wanted to pull into a safe place,” Aguilar recalled.
She expressed how being patted down by a male officer made her uncomfortable.
“No one else was around, I didn't think a male officer could do that,: she said. "It was very uncomfortable.”
Aguilar said she was handcuffed and put in the front seat of the officer's patrol car. She would remain there for approximately 30 minutes while the officer conducted his investigation, including questioning her 8-year-old son sitting in her car with her 4-year-old son.
After speaking with a second arriving officer, she was given a speeding ticket and a warned her troubles might not be over.
“He stated (he’s) going to file a report with the DA's office, someone will contact you by mail if they decide to press charges,” she said.
Wednesday afternoon, CHP spokesman Sgt. Layne Logan detailed what charges the district attorney could consider.
“There is no legal guidelines as far as locations where officers have to make stops,” Logan said
He cited California Vehicle Code 21806 as the law they use for guide on the issue. It reads: “Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, and remain stopped until the authorized emergency vehicle has passed.”
Eyewitness News asked Logan if an additional law is needed to more focus on traffic stops?
“I wouldn't know what difference in wording would be necessary,” Logan said.
Logan could not comment on certain specifics in the Aguilar case but did confirm there is dash-cam video of the incident.
Though I thought it was funny she didn't know that she could be patted down for weapons without a female officer present. 2 officers were killed in Santa Cruz yesterday. Lady, what planet are you from?
So she didn't pull over, didn't dial 9-11.... and in the end wasn't arrested. What exactly is she crying about?
This woman, Laura Aguilar, is an idiot.  Where did she get her driver's license from?!  I didn't know 21806 CVC said, "Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light, the driver of every other vehicle shall yield the right-of-way"  whenever the hell you want or when you feel it's safe!!!  It says, "SHALL IMMEDIATELY drive to the right-hand edge or curb of the highway, and remain stopped until the authorized emergency vehicle has passed."  Anyone in their right mind knows that failing to yield for a cop is a good way to find yourself in cuffs.  DMV should just take her license and make her retake driver's classes and re-test.  I seriously surprised she didn't end up in jail for 2800.1 CVC.  Just plain stupid.
By no means am I sticking up for the officer, but right now we are hearing her side of the story. I've been in her position, so I can certainly relate!. Interesting to see what the internal investigation will reveal!
[FORWARD TO: Laura Aguilar]
 PART 2 of 3:
 To Laura Aguilar who is looking for answers following what she called a questionable traffic stop by a CHP officer.
 You say your kids were subjected to questioning. Perhaps the cop was trying to find out if you were their mother or guardian and if they were being abducted.
In the copâs defense, suppose there was an Amber Alert and he let the abductors go without investigating. Where do you think that cop would be today?
 What if you were in a hit-and-run accident?Hit-and-runs happens a lot here, ESPECIALLY amount Hispanics!
 But you continued on your journey driving where only YOU and GOD know where. You finally stop where YOU FELT SAFE. In the copâs point of view, it may be you were leading him to an AMBUSH!
 Were you yelling at the officer?He SCOLDED you like one would a CHILD?. . . . . Perhaps he scolded you because you were ACTING LIKE A CHILD! !Oh well, maybe the DASH-CAM may have answers.
[TO BE CONTINUE]
Susan, on a jury you side with what the law says after both sides present their facts. I also would not pull over until I thought it was safe. Put your blinker on, slow down, and proceed to a safe place. I would also expect to be searched and cuffed while they check the car to make sure I was not disposing or hiding something. I would have expected her to be in the back seat and not the front seat. That was nice of him. I know what to expect from past experience.
She did the right thing. If I were to end up on a Jury on a case like this I would completely side with her decision. She was only protecting herself and her children. Maybe she should have flashed her lights to acknowledge to the CHP that she knows he's there and then proceed onto the lighted area. But other than that She has the right to be weary and protect herself.
[FORWARD TO: Laura Aguilar]
 PART 1 of 3:
 To Laura Aguilar who is still looking for answers following what she called a questionable traffic stop by a California Highway Patrol officer Sunday night. Perhaps I can shine some light on that subject. I am not in law enforcement or a jurist. I am a U.S. citizen living in Bakersfield.
 You say you were wrongfully/illegally patted down. Did you ask the officer you prefer a female officer to pat you down? Patting down is a procedure that had to be done FOR THE OFFICERâS PROTECTION â not for a cheap thrill. You assume the officer patted you down for his enjoyment. Personally, if I were that cop, I would find it INSULTING and DISGUSTING that you are accusing me of patting you down for my enjoyment!
 How was YOUR ATTITUDE? How did YOU TREAT HIM? Were you YELLING and SCREAMING at him? Kindness goes a long way â including with cops!
 You were NOT arrested. You were patted down, handcuffed, and seated in the FRONT SEAT of the PATROL CAR. If you were arrested, you would have been seated on the sidewalk (if one were available), or seated in the BACK SEATaway from SEVERAL THOUSAND DOLLARS worth of equipment on the dash, and possibly a RIFLE!
 [TO BE CONTINUE]
My verdict to that abusive cop he must be hanged to death
i don't know about you but i don't want to sit on the side of the freeway at night. I've watched wayyyy to many dash cam videos where an officer and the car thats pulled over gets plowed into by a big rig. heck no! i don't blame this woman. kudos to her!
@Derek Good point! It was actually only 1 officer that assaulted that woman but such a valid point none the less! In fact they offered to follow her home to "make sure she got there safely". Geesh if given the choice between getting a DUI or being raped by a cop, I'll take the DUI over and over and over..... Just sayin'!
Cant wait to see the dash cam video!!!
Didn't 2 CHP officers from this area just rape a drunk woman after they pulled her over? I seem to recall the CHP "addressing" that as well.
It appears both parties were at fault. She was speeding and didn't pull over. Knowing what police go through on every traffic stop, i'm sure he was questioning her motives. He probable over reacted. She seemed innocent enough on tv but who knows how she was that night. I say get over it, pay your fine and move on.
Wow!!! I was taught by both driver's ed and my dad (who is retired law enforcement) that I should NEVER pull over in a dark secluded area! Just a few years ago (maybe 5 or so) there were men using law enforcement type dash lights to pull females over to sexually assault them! I say to this Mom GOOD FOR YOU!!!! As women it is our responsibility to be vigilant not only about our own physical safety but for our children as well!!! I would have done the exact same thing! Only difference is I would have called 9-1-1 and let the dispatcher know what my intentions were so they could notify the officer. Secondly as a parent if I was sequestered from my children and an officer questioned them without me there I'd be pissed! What justifies this? And then to be patted down by a male officer?! Um, just a question but aren't there rules & regulations in place regarding this?!?!?!?!
why would the Da's office be contacting here over a speeding ticket? because her kids were in the car and concern over her so called speeding endangering her kids? wow looks like the cop went out of his way to make life more difficult to people. how fast was she going? does anyone know?
I wasn't there so I won't judge.
I would of done the same thing!,the,woman is in the right,the CHP is wrong plain and simple!
I believe what happened plan in simple was the officer abused his badge in trying to intimidate someone who maybe didn't trust him in the first place.. All around bad decisions were made.. Just a question though. I am little concerned that the officer asked the children questions without a parent present. Was he concerned the children were being abused ?
you are within your rights to travel a reasonable distance during a traffic stop if you feel you are not safe
sounds like she should have pulled over sooner and that the cop shouldn't have frisked anyone
If she was concerned for the safety of her kids, she wouldn't have been speeding -Â and, if she wasn't speeding, she wouldn't have been pulled over.
SUE-SUE-SUE!
Don't let his empty words scare you...he's got nothin....sue the S.O.B. for all that is sue-able.
The VC21086 cited is for emergency vehicles wanting to pass. The cop wasn't wanting to pass, but was wanting her to park out in no-where at night. So what happened to the public service notices if a person doesn't feel safe stoping in remote areas at night for a supposedly cop, they can procede to a lighted area before stoping?