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WEBVTT 00:12.012 --> 00:12.012 TOM: 27-YEAR-OLD NAN LIN WAS 00:12.012 --> 00:13.013 DRIVING ON INTERSTATE 80 FROM 00:13.013 --> 00:14.014 SACRAMENTO TO SAN FRANCISCO WHEN 00:14.014 --> 00:16.016 HE STARTED RECORDING ON HIS 00:16.016 --> 00:17.017 PHONE. 00:17.017 --> 00:20.020 HIS FOCUS THE UNMARKED GOLD 00:20.020 --> 00:21.021 SEDAN TRYING TO PULL HIM OVER. 00:21.021 --> 00:22.022 >> THAT 00:22.022 --> 00:26.026 DOES NOT LOOK LIKE A COP CAR. 00:26.026 --> 00:26.026 >> IN MIND IT WAS HEY HOW EASY 00:26.026 --> 00:28.028 IS IT FOR SOMEBODY TO PUT ON 00:28.028 --> 00:30.030 SOME LIGHTS AND JUST KIND OF ROB 00:30.030 --> 00:31.031 YOU. 00:31.031 --> 00:32.032 TOM: SKEPTICAL IT WAS ACTUALLY 00:32.032 --> 00:34.034 LAW ENFORCEMENT LIN CALLED 911 00:34.034 --> 00:35.035 TO REPORT WHAT WAS HAPPENING. 00:35.035 --> 00:36.036 >> THE PERSON ON THE PHONE TOLD 00:36.036 --> 00:36.036 ME SPECIFICALLY UNDER ANY 00:36.036 --> 00:38.038 CIRCUMSTANCE DO NOT PULL OVER 00:38.038 --> 00:40.040 AND JUST GO. 00:40.040 --> 00:41.041 A COUPLE MINUTES LATER THE 00:41.041 --> 00:43.043 DISPATCHER CALLED BACK AND SAID 00:43.043 --> 00:46.046 YOU KNOW WHAT WE DID IDENTIFY 00:46.046 --> 00:48.048 THAT AS BEING UNDERCOVER LAW 00:48.048 --> 00:49.049 ENFORCEMENT. 00:49.049 --> 00:53.053 COULD YOU PLEASE PULL OVER NOW? 00:53.053 --> 00:54.054 ," -- TOM: TO LIN'S SURPRISE 00:54.054 --> 00:57.057 WHEN HE FINALLY DID STOP IN 00:57.057 --> 00:58.058 VACAVILLE IT WASN'T THE POLICE 00:58.058 --> 00:59.059 , IT WASN'T CHP IS WAS TWO 00:59.059 --> 01:01.061 AGENTS FROM ALCOHOL BEVERAGE 01:01.061 --> 01:03.063 CONTROL. 01:03.063 --> 01:03.063 >> THEY WERE LIKE DROP THE PHONE 01:03.063 --> 01:05.065 . 01:05.065 --> 01:08.068 I'M LIKE I'M NOT DROPPING THE 01:08.068 --> 01:09.069 PHONE. 01:09.069 --> 01:09.069 THERE IS A DISPATCHER ON THE 01:09.069 --> 01:11.071 PHONE. 01:11.071 --> 01:12.072 TOM: THE AGENTS CITED LIN FOR 01:12.072 --> 01:13.073 MAKING AN UNSAFE LANE CHANGE AND 01:13.073 --> 01:13.073 FOLLOWING TOO CLOSE NOTHING 01:13.073 --> 01:14.074 ALCOHOL RELATED. 01:14.074 --> 01:14.074 THOSE VIOLATIONS JUST TWO OF 01:14.074 --> 01:15.075 MORE THAN 700 CITATIONS 01:15.075 --> 01:16.076 CALIFORNIA ABC OFFICERS HANDED 01:16.076 --> 01:19.079 OUT TO DRIVERS FROM 2014 TO 01:19.079 --> 01:21.081 2016. 01:21.081 --> 01:22.082 JOHN CARR IS ABC'S SPOKESMAN. 01:22.082 --> 01:23.083 >> DO AGENTS STOP PEOPLE FOR 01:23.083 --> 01:26.086 SPEEDING? 01:26.086 --> 01:28.088 >> YEAH SURE. 01:28.088 --> 01:30.090 >> FOLLOWING TO CLOSE? 01:30.090 --> 01:32.092 >> YES. 01:32.092 --> 01:34.094 NOT DRIVING WITH HEADLIGHTS 01:34.094 --> 01:36.096 >> YES. 01:36.096 --> 01:37.097 >> GOING THROUGH A STOP SIGN OR 01:37.097 --> 01:39.099 A STOPLIGHT? 01:39.099 --> 01:41.101 >> YES. 01:41.101 --> 01:41.101 TOM: WE ALSO FOUND CITATIONS FOR 01:41.101 --> 01:42.102 ILLEGAL USE OF THE CARPOOL LANE 01:42.102 --> 01:43.103 BURNING RUBBER ILLEGAL CAMPING 01:43.103 --> 01:43.103 AND EVEN NOT HAVING A LIGHT ON A 01:43.103 --> 01:44.104 BICYCLE. 01:44.104 --> 01:44.104 THOSE ALCOHOL BEVERAGE CONTROL 01:44.104 --> 01:45.105 AGENTS PRIMARY FUNCTION IS TO 01:45.105 --> 01:46.106 UPHOLD LAWS REGARDING THE LEGAL 01:46.106 --> 01:46.106 SALE OF ALCOHOL. 01:46.106 --> 01:47.107 BUT THEY ARE ALSO SWORN PEACE 01:47.107 --> 01:48.108 OFFICERS AND TECHNICALLY ALLOWED 01:48.108 --> 01:52.112 TO ENFORCE ANY SECTION OF THE 01:52.112 --> 01:52.112 PENAL CODE. 01:52.112 --> 01:56.116 BUT WHILE HIGHWAY PATROL 01:56.116 --> 01:57.117 OFFICERS ARE TRAINED AND 01:57.117 --> 01:58.118 RETRAINED ON TRAFFIC 01:58.118 --> 01:59.119 ENFORCEMENT, WE COULDN'T GET A 01:59.119 --> 01:59.119 CLEAR ANSWER ON THIS TYPE OF ABC 01:59.119 --> 02:02.122 TRAINING. 02:02.122 --> 02:03.123 HOW ARE THEY TRAINED TO CATCH 02:03.123 --> 02:04.124 SOMEONE IF THEY'RE SPEEDING FOR 02:04.124 --> 02:05.125 EXAMPLE? 02:05.125 --> 02:06.126 DO THEY GO THROUGH THE SAME 02:06.126 --> 02:11.131 TRAINING AS A CHP OFFICER? 02:11.131 --> 02:11.131 >> WELL, I DON'T KNOW IF THEY 02:11.131 --> 02:14.134 WOULD GO THROUGH THE EXACT SAME 02:14.134 --> 02:15.135 TRAINING. 02:15.135 --> 02:18.138 THAT I CAN'T ANSWER YOU KNOW THE 02:18.138 --> 02:20.140 EXTENT. 02:20.140 --> 02:21.141 I KNOW THEY GO THROUGH EXTENSIVE 02:21.141 --> 02:22.142 TRAINING. 02:22.142 --> 02:23.143 TOM: EXTENSIVE TRAINING ON 02:23.143 --> 02:25.145 TRAFFIC ENFORCEMENT? 02:25.145 --> 02:26.146 >> THAT I YOU KNOW THAT'S A 02:26.146 --> 02:30.150 QUESTION I DIDN'T COME PREPARED 02:30.150 --> 02:31.151 TO ANSWER FOR YOU. 02:31.151 --> 02:31.151 TOM: YET THE TICKETS ARE BEING 02:31.151 --> 02:32.152 WRITTEN. 02:32.152 --> 02:33.153 WE ANALYZED ALL OF ABC'S VEHICLE 02:33.153 --> 02:33.153 CODE VIOLATIONS FROM 2014 TO 02:33.153 --> 02:34.154 2016. 02:34.154 --> 02:35.155 WHILE 65% HAD SOME CONNECTION TO 02:35.155 --> 02:38.158 ALCOHOL VIOLATIONS LIKE DRIVING 02:38.158 --> 02:40.160 UNDER THE INFLUENCE OR WITH AN 02:40.160 --> 02:41.161 OPEN CONTAINER, 35% HAD NO 02:41.161 --> 02:44.164 CONNECTION TO ALCOHOL AT ALL. 02:44.164 --> 02:45.165 THAT'S 249 VIOLATIONS. 02:45.165 --> 02:46.166 THE AGENTS WEAR PLAIN CLOTHES NO 02:46.166 --> 02:48.168 UNIFORM AND WORK IN UNMARKED 02:48.168 --> 02:50.170 CARS. 02:50.170 --> 02:53.173 >> I THINK THAT'S THE JOB OF A 02:53.173 --> 02:54.174 UNIFORMED OFFICER, AND IT'S 02:54.174 --> 02:55.175 PROBABLY THE BEST WAY THAT 02:55.175 --> 02:58.178 RESPONSIBILITY SHOULD BE 02:58.178 --> 03:01.181 EXERCISED. 03:01.181 --> 03:01.181 TOM: FORMER SACRAMENTO COUNTY 03:01.181 --> 03:02.182 SHERIFF JOHN MCGINNESS QUESTIONS 03:02.182 --> 03:04.184 IF ABC OFFICERS SHOULD BE MAKING 03:04.184 --> 03:07.187 TRAFFIC STOPS SO FREQUENTLY. 03:07.187 --> 03:08.188 >> IS THERE SOMEBODY ELSE WHO IS 03:08.188 --> 03:10.190 BETTER PREPARED, BETTER TRAINED 03:10.190 --> 03:14.194 AND BETTER EQUIPPED FOR THAT 03:14.194 --> 03:14.194 SPECIFIC NATURE OF LAW 03:14.194 --> 03:17.197 ENFORCEMENT? 03:17.197 --> 03:17.197 TOM: OUR ANALYSIS ALSO FOUND A 03:17.197 --> 03:18.198 CURIOUS DISCREPANCY IN WHERE THE 03:18.198 --> 03:19.199 TICKETS ARE BEING ISSUED. 03:19.199 --> 03:20.200 DRIVERS IN SACRAMENTO RECEIVED 03:20.200 --> 03:22.202 THE MOST TICKETS AT 94. 03:22.202 --> 03:24.204 YET IN LOS ANGELES A CITY WITH 8 03:24.204 --> 03:24.204 TIMES THE POPULATION OF 03:24.204 --> 03:27.207 SACRAMENTO DRIVERS RECEIVED JUST 03:27.207 --> 03:29.209 7. 03:29.209 --> 03:31.211 >> HOW DO YOU EXPLAIN THAT ONE? 03:31.211 --> 03:31.211 >> I DON'T KNOW LIKE I SAID THAT 03:31.211 --> 03:32.212 AGENTS THAT WORKED IN THIS AREA 03:32.212 --> 03:34.214 . 03:34.214 --> 03:35.215 MAYBE THEY JUST CAME ACROSS 03:35.215 --> 03:39.219 THINGS IN THEIR FIELD WORK AND 03:39.219 --> 03:41.221 MADE A DECISION TO PULL SOMEONE 03:41.221 --> 03:42.222 OVER, WHEN THEY SAW SOMETHING 03:42.222 --> 03:44.224 THAT WAS GOING TO ENHANCE PUBLIC 03:44.224 --> 03:46.226 SAFETY. 03:46.226 --> 03:47.227 TOM: JUST AS CONFUSING IS THE 03:47.227 --> 03:47.227 NUMBER OF TICKETS INDIVIDUAL 03:47.227 --> 03:49.229 OFFICERS ARE WRITING. 03:49.229 --> 03:52.232 WHILE A MAJORITY OF ABC AGENTS 03:52.232 --> 03:54.234 ISSUED LESS THAN TWO TICKETS 03:54.234 --> 03:54.234 , SEVERAL WROTE DOZENS INCLUDING 03:54.234 --> 03:58.238 ONE AGENT WHO'S CITED DRIVERS 03:58.238 --> 03:58.238 FOR 57 VIOLATIONS. 03:58.238 --> 04:00.240 HOW DO YOU EXPLAIN THAT 04:00.240 --> 04:02.242 DISCREPANCY? 04:02.242 --> 04:05.245 >> LIKE I TOLD YOU SOME OFFICERS 04:05.245 --> 04:06.246 ARE OUT. 04:06.246 --> 04:07.247 THEY'RE OUT IN THE FIELD THEY 04:07.247 --> 04:08.248 MIGHT COME ACROSS SOMETHING THAT 04:08.248 --> 04:10.250 COMPROMISED PUBLIC SAFETY AND IF 04:10.250 --> 04:15.255 ONE OFFICER HAS MORE CITATIONS 04:15.255 --> 04:16.256 THAN THE OTHER THAN YOU KNOW 04:16.256 --> 04:17.257 , EITHER THEY SAW SOMETHING THEY 04:17.257 --> 04:19.259 CAME ACROSS OR SOMETHING IN 04:19.259 --> 04:21.261 THEIR TRAINING. 04:21.261 --> 04:22.262 >> SOMEBODY IN THE AGENCY IS 04:22.262 --> 04:26.266 LOOKING AT SOMETHING THAT'S NOT 04:26.266 --> 04:27.267 TRULY PART OF THEIR MISSION. 04:27.267 --> 04:27.267 TOM: SO WHAT IS THE MISSION OF 04:27.267 --> 04:30.270 ABC? 04:30.270 --> 04:30.270 >> OUR MISSION IS BASICALLY TO 04:30.270 --> 04:31.271 ENHANCE PUBLIC SAFETY YOU KNOW 04:31.271 --> 04:35.275 TRY AND KEEP THE COMMUNITY AS 04:35.275 --> 04:38.278 SAFE AS POSSIBLE BY REDUCING ANY 04:38.278 --> 04:38.278 ALCOHOL RELATED PROBLEMS. 04:38.278 --> 04:39.279 TOM: AND LIN SAYS TRAFFIC 04:39.279 --> 04:40.280 ENFORCEMENT DOESN'T FIT. 04:40.280 --> 04:40.280 IN HIS CASE HE SAYS THE AGENTS 04:40.280 --> 04:43.283 NEVER IDENTIFIED THEMSELVES AS 04:43.283 --> 04:44.284 ABC AGENTS. 04:44.284 --> 04:45.285 >> I WAS UNDER THE IMPRESSION 04:45.285 --> 04:46.286 THAT THEY WERE CHP THE ENTIRE 04:46.286 --> 04:48.288 TIME. 04:48.288 --> 04:49.289 TOM: NOW HE'S LEFT WONDERING WHO 04:48.288 --> 04:49.289 SHOULD BE ENFORCING THE RULES OF

Advertisement Why alcohol enforcement agents are writing traffic tickets Sacramento is hot spot for tickets issued by Alcoholic Beverage Control officers Share Shares Copy Link Copy

Though they’re tasked with upholding laws regarding the legal sale of alcohol, California Alcoholic Beverage Control agents are also on the lookout for speeders, unsafe lane changers and stop sign runners. A 5-month-long KCRA 3 News investigation revealed ABC agents cited drivers for more than 700 traffic violations from 2014 to 2016. While many of the citations were alcohol-related -- offenses like driving under the influence or driving with an open container -- 35 percent of the violations had nothing to do with alcohol. Those citations included illegal use of the carpool lane, burning rubber, illegal camping and even riding a bike at night without a light. During those encounters, ABC agents were dressed in plain clothes and drove in unmarked vehicles. “It does not look like a police vehicle” In the case of then-27-year-old Nan Lin, ABC agents attempted to pull him over in Vacaville while he was driving from Sacramento to San Francisco on Interstate 80 in 2014. When he looked in his rear-view mirror, he saw what appeared to be a gold Pontiac sedan with lights flashing in the front window behind him. Lin took out his cellphone and recorded the car following him. “It does not look like a police vehicle,” Lin says in the video, which was later posted on YouTube. Lin eventually stopped recording and called 911. He told dispatchers that a suspicious vehicle was attempting to pull him over. Dispatchers told Lin not to pull over “under any circumstances.” “(The car then) pulled up right next to me, (with) fully tinted windows. I can only imagine that window rolls down, some gangster is in the car,” Lin said. "That’s what I had in mind when I saw the car next to me.” However, a few minutes later, a dispatcher called Lin back and said the gold Pontiac sedan was a legitimate law enforcement vehicle. Lin then pulled over -- and was handcuffed by an ABC agent. After the misunderstanding was explained, the agent eventually cited Lin for making an unsafe lane change and following too close to the vehicle in front of him. He was not cited for an alcohol-related violation. During the encounter, Lin was under the impression the agents were California Highway Patrol officers. “If I would have known it was a different agency, I think I would have fought it for sure,” Lin said. “I don’t know if they’re trained, specifically for traffic violations.” “Maybe they just came across things” The number of traffic citations issued by ABC agents differs from city to city. Between 2014 and 2016, the more than 700 citations were issued in only 116 of the nearly 500 cities in California. In Sacramento, 95 citations were issued. Yet in Los Angeles, a city with more than eight times the population of Sacramento, drivers were cited for just seven violations over the 3-year period. During that period, nearly one-third of the citations were issued in 5 cities, which have a combined population of more than 1.7 million: Sacramento: 95San Francisco: 59Santa Rosa: 28Indio: 26Chico: 24 However, just 2.4 percent of the citations were issued in California’s three largest cities, which have a combined population of more than 6.39 million: Los Angeles: 7San Diego: 5San Jose: 5 ABC spokesperson John Carr struggled to explain the large difference from city to city. “I don't know,” Carr said. “Agents that worked in this area, maybe they just came across things in their field work and made a decision to pull someone over when they saw something that was going to enhance public safety.” The number of citations issued also differs from agent to agent. While a majority of the agency’s sworn personnel cited drivers for one to two violations, several wrote dozens of tickets, including one officer who cited drivers for 57 violations. That prolific traffic ticket writing agent is the same agent who made national headlines after she arrested a man for DUI in Fairfield when tests revealed caffeine was the only drug in his body. That charge was eventually dropped 16 months later. “Some officers are out, they're out in the field, (and) they might come across something that compromised public safety,” Carr explained. “If one officer has more citations than the other then, you know, either they saw something they came across or something in their training.” “It really, truly should be the exception” The number of traffic tickets being written by ABC agents came as a surprise to law enforcement consultant and former Sacramento County Sheriff John McGuinness. McGuinness noted that ABC agents are sworn peace officers and technically allowed to enforce any section of the vehicle and penal codes. However, he also questions if ABC agents should be making traffic stops so frequently. “I think that's the job of a uniformed officer,” he said. “And it's probably the best way that responsibility should be exercised.” However, McGuinness admitted that when he was a homicide detective, he would pull over and cite drivers if he saw them do something unlawful. “I will never say that it shouldn't be done,” he explained. “In fact, personally, I have done it -- on numerous occasions. But it really, truly should be the exception.” While CHP officers are trained and retrained on traffic enforcement, Carr couldn’t explain what type of traffic training ABC agents undergo. “I don't know if they would go through the exact same training,” Carr said. “That I can't answer.” CHP said it can’t comment on ABC agents issuing citations on California highways. So, what is the mission of ABC? “Our mission is basically to enhance public safety, you know, try and keep the community as safe as possible by reducing any alcohol-related problems,” Carr said. Lin believes traffic enforcement doesn’t fit that description. “That’s not their main priority and their main focal point,” he said. “I feel that they have more chances of them messing up and misinterpreting the law or misreading the situation, rather than someone who is on the freeway.” Now, he’s left wondering who should be enforcing the rules of the road.