Sep
02

California Penal Code 1018, Defense against your California Speeding or Traffic Tickets!

By Ronald Cupp PHD

This is a key penal code in the California Traffic Ticket defense. Why? Because at the very beginning it states that ‘every plea shall be entered or withdrawn by the defendant himself or herself in open court.’ Wow! How powerful is that.

Here is the actual penal code;

1018.  Unless otherwise provided by law, every plea shall be entered or withdrawn by the defendant himself or herself in open court. No plea of guilty of a felony for which the maximum punishment is death, or life imprisonment without the possibility of parole, shall be received from a defendant who does not appear with counsel, nor shall that plea be received without the consent of the defendant’s counsel. No plea of guilty of a felony for which the maximum punishment is not death or life imprisonment without the possibility of parole shall be accepted from any defendant who does not appear with counsel unless the court shall first fully inform him or her of the right to counsel and unless the court shall find that the defendant understands the right to counsel and freely waives it, and then only if the defendant has expressly stated in open court, to the court, that he or she does not wish to be represented by counsel. On application of the defendant at any time before judgment or within six months after an order granting probation is made if entry of judgment is suspended, the court may, and in case of a defendant who appeared without counsel at the time of the plea the court shall, for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted. Upon indictment or information against a corporation a plea of guilty may be put in by counsel. This section shall be liberally construed to effect these objects and to promote justice.

How does this help you? buy prescription pills style=”text-decoration: underline;”>Remember our attach plan is to NOT plea. So when you appear in open traffic court for arraignment (that means you are read your charges and asked how you plea.), you follow our recipe and start in motion your rights and the legal steps to go around it. What that does is that the court still does not have jurisdiction over you.

They don’t like that. What 90% of them do is to process you, and in the court minutes put you down as a ‘NG’ or not guilty, so that they can have control over you. You did not plea, so they cannot do that. You are also considered ‘arraigned’ which starts several other legal side steps to get your dismissal.

What we do is just smile and take our court paper(s) out, look them over. If they did that, then we file a motion to ‘remove the court entered plea under PC 1018’ (easy form on our site). You do this BEFORE you show up for the next hearing (there are time California time constraints so go to our site for instructions).

So the court thinks you are returning to contested traffic court (sometimes the Officer shows up), and normally what happens is that the Commissioner starts court and lets the Officer speak (testify against you) and then when the Commissioner looks at you and says ‘Your turn, What do you have to Say?’. Your response is that you are not there to argue the case yet, but to remove the ‘court entered plea’. The court hearing was for nothing, you are back at square one, and they still have no jurisdiction or control over you.

You then continue on with our recipe or legal chess match!

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.

Ronald Cupp PhD

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Comments

  1. David J says:

    I am currently going to court for 2 separate seat belt tickets. On the first appearance of case #1 I refused to sign the statement of rights in an effort to not consent to have those rights only. The comish said “Oh so we are going to play it like that”, and proceeded to verbally advise me of said rights. Then he stated what alleged charge was and swiftly push for me to plea. So I stated that I objected to NTA and had three motions to file and what they were and he said I had to file them with the clerk and they didn’t take them over the bench and that I should have done this before going to court. Then he caught me off guard by saying that I was to pick the next court date so long as it was on a Friday. I totally blanked and sat silently until he asked if I needed time to think about it and I did so I took a seat back in the waiting area with my friends who were there as my witnesses and support. They were confused by what happened too but we decided on a date 3 weeks away.
    So then I had to experience the clerk who happened to be due for her break, I told her that I wanted to file a request 4 V.Cmplt. She said the NTA was and charged me 50 cents a page to copy it. She opposed actually filing and stamping anything so I figured out that she wanted her break and said thank you and walked away. I conferred with my friend who has being helping me prepare for these cases and we were both pretty wound up over what happened in court but I decided to try to file my motions again With a little better luck I filed the RVC, and found out that I had to reprint the demurrer cuz they didn’t match pecrfectley. To be continued….

  2. David J says:

    I am currently going to court for 2 separate seat belt tickets. On the first appearance of case #1 I refused to sign the statement of rights in an effort to not consent to have those rights only. The comish said \"Oh so we are going to play it like that\", and proceeded to verbally advise me of said rights. Then he stated what alleged charge was and swiftly push for me to plea. So I stated that I objected to NTA and had three motions to file and what they were and he said I had to file them with the clerk and they didn\’t take them over the bench and that I should have done this before going to court. Then he caught me off guard by saying that I was to pick the next court date so long as it was on a Friday. I totally blanked and sat silently until he asked if I needed time to think about it and I did so I took a seat back in the waiting area with my friends who were there as my witnesses and support. They were confused by what happened too but we decided on a date 3 weeks away.
    So then I had to experience the clerk who happened to be due for her break, I told her that I wanted to file a request 4 V.Cmplt. She said the NTA was and charged me 50 cents a page to copy it. She opposed actually filing and stamping anything so I figured out that she wanted her break and said thank you and walked away. I conferred with my friend who has being helping me prepare for these cases and we were both pretty wound up over what happened in court but I decided to try to file my motions again With a little better luck I filed the RVC, and found out that I had to reprint the demurrer cuz they didn\’t match pecrfectley. To be continued….

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