Archive for June, 2010

Actual Penal Code 815(a) states

815aAt the time of issuing a warrant of arrest, the magistrate shall fix the amount of bail which in his judgment in accordance with the provisions of section 1275 will be reasonable and sufficient for the appearance of the defendant following his arrest, if the offense is bailable, and said magistrate shall endorse upon said warrant a statement signed by him, with the name of his office, dated at the county, city or town where it is made to the following effect “The defendant is to be admitted to bail in the sum of ____ dollars” (stating the amount).

So, from the basics, on your California traffic ticket, called a Notice to Appear or NTA, there are some references. On the very bottom it has some small and half dark writing and numbers. One, the most important one, is 853.9, which the court or Commissioners state is their compliance with a proper charging instrument or complaint. Why? Because they say so!

It was approved by the Judicial Council of California (which made it standard for compliance for all agencies to have and use the same rules, laws, and forms). Long story short, it was for their convience, not ours.

If you accept the Notice to Appear and your charging complaint, then it is. Penal Code 853.9 states that it must also conform to Penal Code 853.6, and in Penal Code 853.6 it states it must also conform to Penal Code 815a. Hence, here we are. (really we like Penal Code 872-you will have to read that blog post!! As they correlate together).

What normally follows is the Police Officer writes a traffic ticket or Notice to Appear, has you sign and gives you a copy. You then show up at court. The Commissioner reads you your charges and asks you ‘how do you plead?’ If you follow their rules in this, because it was formed by the California Judicial Council, then you accept this as the charging instrument.

The critical part of this code, like my 872 that goes hand in hand is this portion of the statue:

‘and said magistrate shall endorse upon said warrant a

statement signed by him, with the name of his office, dated at the

county, city or town where it is made to the following effect “The

defendant is to be admitted to bail in the sum of ____ dollars”’

Bingo! What this is saying is that the ‘Magistrate shall endorse upon said warrant a statement signed by him . . . . .’ and if you look on the court’s copy of the ticket, it is never there. No endorsement nor Magistrates signature.

How can that be? Where did it go? Did they do it? I personally believe that as they streamlined the courts they just began skirting the issue or making it easier for them, and in essence, shortcut or violated some of your (or I guess ours) due process rights. As I said above, I like Penal Code 872 better, but following the linking of the statues together, it falls on 815a.

Again, I personally have used this on several California speeding tickets and traffic tickets, namely cell phone tickets, commuter lane tickets, red light tickets, red light camera tickets and seat belt tickets to tie them up and use their own rules of court against them. Remember  It  works for all California infractions,  to have them treated for our purposes, to hold them to the Misdemeanor laws and rules of court!

I have included the video below, so you can hear the reading of the code itself.

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To your empowerment!

Ronald Cupp Phd

Comments (3)

19.7. Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions including, but not limited to, powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.

Well, what does this mean? It means that your infraction (public offenses  and all California speeding tickets, traffic tickets, cell phone tickets, red light tickets, commuter lane tickets, stop sign tickets, red light camera tickets, and seat belt tickets) are all suppose to be treated, prosecuted, and handled like Misdemeanors.

So even though the court, in its infinite wisdom, in the past, changed the law and got rid of the ‘inferior’ court called the Municipal Court, or even before that, the Traffic Court, trying to make their life easier, they were not successful.

Under this code, it means that all (I’m being selective now for what is important to us) jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.

If you listen to some of our court audio’s, you will hear the commissioners saying that your speeding and traffic tickets are infractions, and that you do not get a ‘verified complaint’ or other charging instrument that we ask for.  The same goes for time frames and filings, and most importantly, the burden of proof.

Well, just keep this ace in the hole for when we need it. Remember, the commissioners have not read the code(s) in a long time, and are used to the flow of sheep to the slaughter so they have not had to bone up for research most of the codes we use in our ‘recipe’ for success.

Out of all this, just know that when you need it, it is there. We can force the courts to use it’s own laws to hold them accountable for proper procedure and to protect our due process rights. Just because the laws were changed to ‘simplify’ the system for the courts (actually-now- it is simplified for their money collection scheme and that they do not have to treat it like a misdemeanor, which would give you more rights, trial by jury, public defender) so that now they do not have to spend as much money prosecuting you for the tax fine, by the way, they call ‘bail’.

Again, I personally have used this on several California speeding tickets and traffic tickets, namely cell phone tickets, commuter lane tickets, red light tickets, red light camera tickets and seat belt tickets to tie them up and use their own rules of court against them. Remember  It  works for all California infractions,  to have them treated for our purposes, to hold them to the Misdemeanor laws and rules of court!

I have included the video below, so you can hear the reading of the code itself.

propecia hair loss href=”http://ronaldcuppphd.com”>Ronald Cupp PhD

Comments (1)

What I am describing  below, I have taught several students on how to beat California speeding and traffic tickets. The ticket does not matter; we only use the court rules against the court. It works on all cell phone tickets, commuter lane tickets, buy ultram online red light tickets, red light camera tickets and seat belt tickets, and in my case this time the dreaded California Stop Sign Tickets!

I appeared in court today, which was my forth, last & final court appearance for my California stop sign ticket. Whoa, what a ride, and what sweet victory with my dismissal. I had to earn it though, as even when the Commissioner said she would dismiss my case in the I.O.J. (that stands for interest of justice!!!), I got the pleasure to hear her variation and understanding that I was wrong in my understanding of the codes, the Magistrates required signature, blah, blah, blah.

I had the stupid grin on my face as she kept trotting along with her explanation. I kept thinking that I was not sure if it was for the audience’s benefit behind me, or trying to convince herself. Out of 5:46 minutes video below, about 1:43 was challenge/banter and the balance was correcting me and the audience behind me on how I was wrong. But I would happily take it.

But I learned a long time ago to take a victory any way I can and keep my mouth shut. Remember I had filed several motions; one to have the session recorded either audio or steno, so it would be on the record for the appeal. I did not care about this but wanted to keep the recording for my records and to assist my students. I carry a digital recorder to keep the session for my notes so I can transcribe, it is allowed by California rules of court, 1.150d (personal recording devices) but is supposed to have the judge’s approval prior to recording. I have seen the Bailiff’s power trip and take peoples phones and recorders away from them before or during the court. What are they afraid of, that we will have a record of what was said and done?

Another motion besides the demur was a discovery request for the DA, which meant he/they would have to spend a lot of time answering the motions on this stupid damn infraction case (in their mentality). In mine or our mentality it is a violation of our rights to freedom and due process rights, and although the police are needed and have a function, it ticks me off when it is used for chicken s**t stuff like this when they are just trying to extract a fine from us. If they are going to get a fine from me, it is going to cost them time and money. Hopefully more than mine.

It also leaves a bad taste in our mouths when they (the police and justice system) get a portion of the monies for the fines, and their jobs and paychecks are dependent on the outcome of the cases. In all cases you see the commissioner becoming a type of prosecutor instead of adjudicating the cases, even if it is an administrative type hearing case. Listen to my audio’s of my California Stop Sign Ticket. They will hold us to the letter of the law, but stretch or bend the rules for themselves or the police or DA. Still not fair.

And now what else bothers me is police should spend their time doing public safety and serve, stop a burglar, murder, robbery. Something to serve or help the public and not a power trip. I don’t want to hear anymore they raised any California Speeding or Traffic tickets to help with the budget shortfall.

I wouldn’t be so persnickety if I had not been broken down a few times and seen police cars pass me up-and even look at me as they drive by, same goes when I have seen women with kids on side of road and police have passed them up (is it because they were getting off duty or is it not their job anymore). Try calling a policeman when you are in a fender bender and you want an accident report. I have been told they do not do that anymore. But low and behold, you will see them all over the California Traffic Ticket scene hiding on the side of the road pointing their radar or laser at cars coming by.

Enough of this crying, it is why I decided to learn how to stand up for my rights!

What was the cost, in time and money. Going to get 2 time extensions, 10 minutes each. Appearing to get into line (when I did not get into traffic ticket court) 20 minutes remember first time I did not make the cut). First traffic ticket court day, April 27th, includes waiting time to get on docket or calendar, 40 minutes, then (7:20 to 8am), then court did not start until 8:30 so another 30 minutes. About 1 hr 10 minutes for first court appearance when I asked for the verified complaint. Then three trips on return court (May 17, June 7th & 15th), just show up at 8:30 and normally gone by 8:45 or 15 minutes for a total of 45 minutes.. Add 2 hrs of driving to and from the court and parking.

I am now into this in time 5 hours & 45 minutes. My ticket was for $394 with California approved traffic ticket school, so add $58 court fee for California traffic ticket school, and about 4 hours for the traffic ticket school (will deduct off the time for court).

I now have 1:45 in time and savings of $452 (not counting the cost of the traffic ticket school), or an EARNINGS TO ME OF $258 per hour. Plus there is no point on my record and no insurance increase.

I have included the video below, so you can hear the banter between the commissioner and myself and that I had to refresh her mind on all of the steps and occurrence events by date.

Again, I personally have used this on several California speeding tickets and California traffic tickets, namely cell phone tickets, commuter lane tickets, red light tickets, red light camera tickets and seat belt tickets. It also works for other California misdemeanors and infractions, almost any administrative type hearing or public infraction.

Ronald Cupp PhD

Another victory beating a speeding ticket in California Traffic Court!

This is from a student, a young girl, Marissa. Although I helped her, she signed up on her own, did her own downloads and paperwork, watched the videos over and over and prepared for court on her own. I met her once on the court house steps and told her what to do (same instructions on the www.caticketbusters.com website, and away she went.

I am always amazed at how some people (like this young girl) can just get up there and stand up for themselves. And others, big mean strong men, sometimes get the jitters. (I did my first time!) Again, she thought it did not work (because she did not know how to use the our system against THE system), but persisted, and Viola! – Victory.

I love teaching young kids (she was early 20’s), because they don’t spend all their time asking me questions or telling me how this won’t work for them! They are open minded, aren’t afraid to jump in and learn, and aren’t afraid to try!

Anyway, this is great, her email is attached below, as always, the emails are in reverse (or the most current on top-beginning on the bottom). If you want to see from the beginning, go to the bottom.

Here she is, Go MARISSA!

end of her email

That is great!!  I love to hear this!  It really pays to go in and stand up for yourself…and in some cases keep going until they give up !

Marissa Sant***

HR Admin Assistant

Phone: 415.472.****

Fax: 415.532.****

Email: marissa.sant***@itsourcetek.com

From: Ron Cupp
Sent: Thursday, June 17, 2010 9:26 AM
To: Marissa Sant***
Subject: RE: Court

Had two more student cases dismissed also because cops did not show up

From: Marissa Sant*** [mailto:marissa.sant***@itsourcetek.com]
Sent: Monday, June 14, 2010 1:23 PM
To: Ron Cupp
Subject: Court

Hi Ron,

Had my court date today and good news…case got dismissed!! The DA never responded to the Demurr.  The commissioner told me that the law I was following was wrong, but since the DA didn’t respond she had to dismiss it.  Thanks again for all your help and good luck on your case!!

Marissa

—–Original Message—–

From: Ron Cupp

Sent: Thursday, May 06, 2010 10:47 AM

To: mcsant***@gmail.com

Subject: FW: Help with Verified Complaint-Private Consultation

Marissa;

We need to consult soon as you go back to court on 5-13th?

Ron

974-****

—–Original Message—–

From: ronaldcupp

Sent: Monday, May 03, 2010 1:10 PM

To: ‘mcsant***@gmail.com ‘

Cc: ’service@caticketbusters.com’

Subject: Help with Verified Complaint-Private Consultation

Marissa;

Not so, please call my cell 707 974-****. I am not an attorney but I will give you private consultation. Be aware of trickery. It is OK if they give you a ‘true verified complaint’, but for it to be so it must be in writing, stamped and signed by the DA (not the police), under penalty of perjury, and filed (should have court filings date, etc on front page). And lastly, served properly. Also look for a ‘verified notice to appear’ which is not a Verified Complaint.

I don’t know how many times we have come up against this, we have had several times a DA has signed (without stamp), or stamped (without signature), and mostly, stamp and sign BUT NOT FILED the Verified Complaint.

And it is OK if you DO GET a Verified Complaint.

The way the law works, the police were supposed to have a ‘probable cause’hearing withing 15 days of your arrest (which was the day you got the ticket). It had to be before a Magistrate (or Judge, but not a Commissioner), sworn to by the officer (as the NTA was upon ‘information and belief ((which we call heresay)).

So, when they do serve you the Verified Complaint, at your next court appearance (remember you have not pled, you are not under contract with the court nor their jurisdiction), you will object to the service and request a ‘Probable Cause’ hearing. (Normally you are (your case) dismissed at this point). Same if they entered a NG (not guilty) on your court arrangement to get you to come back, if so you will remove the court entered plea and you are back to square one.

We have had several times when they schedule you for a probable cause hearing, and when you show up they Dismiss, then, as the DA has sworn under penalty of perjury to all the facts (and the officer did not have a probable cause hearing within 15 days of the arrest). Remember the DA can lose his job/license by testifying/swearing to something that did not happen.

At a true Probable Cause hearing, you will be before a real Judge, who will go over each and every aspect to ensure that all items were complied with, and dismiss if not. We have not lost a case yet.

If you are the first, then take solace in the fact that it DOES NOT COST YOU ANYTHING OTHER THAT THE FINE ON THE TICKET YOU WOULD HAVE HAD TO PAY, there is no upcharge for you fighting for your rights.

Please fax me the ‘verified complaint’ to 707 585-****.

Ron

—–Original Message—–

From: CATicketBusters.com

Sent: Monday, May 03, 2010 12:30 PM

To: ‘Ron Cupp’

Subject: FW:

Here ya go!!  Help her… :o )

—–Original Message—–

From: mcsant***@gmail.com

Sent: Sunday, May 02, 2010 10:51 PM

To: service@caticketbusters.com

Subject:

I just wanted to say I purchased this, extensively watched all the video and trainings, filed the verified complaint, and got a legit verified complaint in the mail with the DA’s signature on it. Now I have to pay the $270 speeding ticket and have spent an additional $50 on this.  Now I basically have spent $320 and a lot of time off work :(

Marissa

begging of email

Ronald Cupp PhD

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ps:

We always love to hear about your victories and overcoming your problems in the process, and want you to share for the benefit of others.

We always protect your privacy or rights so we block out part of your phone number or email.

Please share this with friend or loved ones who need help and please comment on the blog or youtube channel!

Since my last post, I appeared in court today, which was my third  court appearance for my California stop sign ticket. What I am describing I personally have used this what I am describing below on several California speeding and traffic tickets, namely cell phone tickets, commuter lane tickets, red light tickets, red light camera tickets and seat belt tickets. It also works for other California misdemeanors and infractions, almost any administrative type hearing. The ticket does not matter; we only use the court rules against the court.

I love that in Sonoma they take the ‘returning’ defendants first, so I only have to show up at 8:30am and normally gone in 15 minutes. In Marin they kept us till the end of the calendar which meant we had to listen and relive the entire traffic ticket court calendar, which takes hours. Then they deal with us. Sometimes I think they do it this way so all the ‘sheep’ can’t see and learn the caticketbusters system on how to fight and beat their California speeding and traffic tickets!

Look at my last blog post for reminder of  audio. To recap my dance steps, I appeared in court April 27, 2010 and requested a ‘Verified Complaint’. When I appeared in court May 17, 2010, the bailiff (sheriff) handed me the ‘verified complaint’, that I demurred (I came prepared with a blank one from caticketbusters to answer and challenge it. She gave the DA 10 days to respond to the demur, and we start our dance about the codes and more importantly the facts and time frames.

After my appearance on May 17, 2010, on June 3, 2010 I filed two additional requests (forms/motions). One was for Discovery (against the DA so now he not only had to answer the demur but had to produce all evidence/documents just like a court case (I figured that if I gave them too much work they would not respond and leave me alone), the Second was a motion for a court reporter (you know that I was recording the proceedings with a digital recorder (which is allowed with the Commissioner’s consent buy prescription drugs online under Ca. Rules of Court 1.50)), so that it would be obvious that I wanted a record for an appeal. As you can hear, no response from the DA; and the Commissioner had to ‘research’, so she scheduled a return visit (AGAIN) for June 15th, 2010. Just keep throwing mud against the wall so we can see what will stick! I can feel my dismissal coming closer!!

I have included the video below, so you can hear the banter between the commissioner and myself and that I had to refresh her mind on all of the steps and occurrence events by date. Although I firmly believe they DO NOT currently know the actual code(s) (we do because we have just been studying them-and they are processing thousands of sheep to the slaughter who do not even question them-so why should they keep boned up on the ‘facts’). They only do when challenge them and they have to look them up to refresh!

Again, I personally have used this on several California speeding tickets and traffic tickets, namely cell phone tickets, commuter lane tickets, red light tickets, red light camera tickets and seat belt tickets. It also works for other California misdemeanors and infractions, almost any administrative type hearing or public infraction. I will pick up with my next court appearance and let you know what happened!

Ronald Cupp PhD

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