Archive for Court Appearances

I received an email from one of our friends (Damon who beat his ticket from the skate park and gave us a testimonial-http://blog.caticketbusters.com/skate-park-and-drunk-in-public-testimonials/). He has been helping one of his friends, Valerie who got a seat belt ticket and proof of insurance fix it ticket.  This is the 3rd appearance for her, I think, and we still have not plead and have filed a Demur, AND the Assistant District Attorney has actually filed a response to our demur. Never has anybody gone this far to fight it. We must be making ground. They also caught him recording the proceedings, and DID NOT LIKE THIS ONE BIT! Spanked him for it, took his phone and erased his recordings. Now, does that sound like someone has something to hide?

This is the email from Damon to me!

So they confiscated my phone today when they noticed I was recording.  The bailiff had his cockles up and feathers ruffled, it was quite amusing.  He threatened to haul me off and lock me up, that no recordings were allowed.  When I asked if this was a court of record and reported that Marin County records audio, he said he didn’t care, this is how they do it here.  Meanwhile, BONILLA took a recess and the whole court stopped while the bailiff took me outside for the tongue lashing/finger pointing session.  He was very stern and his thick mustache wide.

When he was giving my phone back to me (I had to return at noon to collect it) he asked me how many recordings I’d made, to which I answered one, today, and he told me I’d made three (he missed another half dozen of KLINGLER and DENNARD), and that they had my name on file and if I ever got caught again they would prosecute, but today the Commissioner didn’t want to press charges.  I noticed he had erased all the recordings I made of the BORTON case from my phone, so here goes BONILLA’s replies from memory:

Motion to dismiss denied because subject matter jurisdiction retained because she holds that the NTA is a VC.  She said “I know we disagree on this” and went on to explain that everyone would get through if she caved on this issue.

The Commissioner went on to enter a plea, to which Ms. BORTON objected, to which BONILLA said she was going to do it anyway, that she would only be infringing on people’s rights if it was a GUILTY plea!  This was another point where BONILLA said if she let people not plea nothing would get done and they’d have to let everybody off.

She wouldn’t accept todays Motion to Dismiss based on 5 points including Speedy Trial violation saying that we’d already served the motion to dismiss, and that serving a new motion didn’t allow the DA time to respond.  About the Speedy Trial levitra cheap violation, she said if we didn’t keep filing voluminous pleadings it would have been settled long ago, even though Ms. BORTON told her about the 45 days from the date of citation.

Deputy DA Law Clerk Andrew was asked several times if he had anything to say, but he only objected to the use of KLINGLER’s exhibit, which the Commissioner also denied, saying it was in the public record and hadn’t been ruled on, so it had no bearing, relevance, or weight.

Basically she denied everything,  upheld the NTA and continued for Dec 23rd WHEN THE COP WOULD SHOW UP (they made sure to check the calendar).  Still no city atty.

Thanks for the message the other day Paul, that was an interesting remark on making them “bring into court the unrevealed contract existing between THE PEOPLE and municipal corporation showing where they were given authority”

Ron: Can we get some help?  Paul needs the transcripts from todays appearance: Case No. SRO###### because there were several places she tripped over herself and they will be valuable in the appeal.

I copied this so everyone can learn as we go, without giving up the peoples privacy. This is an ongoing saga and I will post you on this on our next update adventure!

I personally have used this on several Traffic tickets in California including speeding tickets, 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!

Ronald Cupp PHD

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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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

Since my last post, I appeared in court today, which was my second  court appearance for my California stop sign ticket. I personally have used this what I am describing below on several California traffic tickets and speeding 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.

Look at my last blog post for recap and audio. To recap my dance steps, I appeared in court April 27, 2010 and requested a ‘Verified Complaint’. When I appeared in court today, the bailiff (sheriff) handed me the ‘verified complaint’, as I came up to the bench (I don’t think that was proper service, but that will be for later research and blog post-follow us on caticketbusters).

 It almost looked legal! (We have had several courts and types of supposed verified complaints, some not filed, some not signed by the DA, some not signed by the court clerk-all are necessary. But they all have been missing something else. The Magistrates signature with his indorsement!)

Penal Code 872 (a) States: “If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe that the defendant is guilty, the magistrate shall make or indorse on the complaint an order, signed by him or her, to the following effect: “It appearing to me that the offense in the within complaint mentioned (or any offense, according to the fact, stating generally the nature thereof), has been committed, and that there is sufficient cause to believe that the within named A. B. is guilty, I order that he or she be held to answer to the same.”

Penal codes 738, 739, 872 and 1382 all work in tandem and spell out the proper procedures to follow, and if all the steps are not followed, the ‘fake verified complaint’ is nothing more than mere paper, hearsay, and a fraud upon the court. If you respond or answer to it, then you have accepted it as a verified complaint and just like the NTA, it now has become your charging instrument. DON’T DO IT.

It’s obvious that I will need to research the correct steps for a true verified complaint from legal cites. So stay tuned for near future blog post on that.

Because the Commissioner was taking the ‘verified complaint’ as authentic (because she said it was signed by the DA to the Court Clerk, under penalty of perjury, that it was a Verified Complaint. I had to challenge her and tell her it was a Fraud upon the Court. You can hear in the tape I ticked her off with that (and of course,  the Commissioner is suppose to know more than I, the layman student of due process law). We always really wonder, are they just playing dead or silly stupid, or do they really DON’T KNOW? Which is scarier than ever. propecia cost Is it better they deceive us or be incompetent, remember it’s our due process rights we are talking about. All the California speeding and traffic tickets stuff is just that, but for them to play possum or not know is scary!

I have included the audio/video below, so you can get the feel for the understanding, or shall I say, lack of understanding, of even the courts (or commissioners) position or legal understanding of the penal code, rules of the court, and our the ‘verified complaint’. Now it’s time to Demurr.

The sole function of a demurrer is to challenge the legal sufficiency of a pleading. Blacks Law Dictionary states “that a demurrer is a pleading stating that although the facts alleged in a complaint may be true, they are insufficient for the plaintiff to state a claim for relief and for the defendant to frame an answer”. So it is an answer or type of plea but challenges ‘it’.  In this case the it is the ‘verified complaint’.

 Wikipedia states: A ‘demurrer’ is a pleading in a lawsuit that objects to an earlier pleading filed by an opposing party. The word ‘demur’ means to object; a ‘demurrer’ is the document that makes the objection. Typically, the defendant will demur to the complaint, but it is also possible for plaintiff to demur to an answer. The demurrer challenges the “legal sufficiency” of a claim, cause of action, or defense. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements, then the complaint can be knocked out with a demurrer. A demurrer is filed near the beginning of a case during the pleading phase.

I was not even sure I would receive a verified complaint, and if I had not (also within the 10 days time frame the Commissioner gave the DA from my first court appearance-but they did-halfway) I would have requested a dismissal for ‘non-prosecution’ of my case.

I prepared a demur (general type) with tons of pages and cites, so if I did get one, some DA would have to spend a lot of time to answer it.  Or if he doesn’t then that will be my new request for dismissal!

You have to listen to our banter, the Commissioner and I. 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. She sees so many defendants that she cannot keep them straight, and same goes for the facts of my case. She had the facts and steps wrong and I had to reiterate several times the actual occurrence of events.

Penal Code 1006 “Upon the demurrer being filed, (presented in court, upon arraignment) the argument upon the objections presented thereby must be heard immediately, unless for exceptional cause shown, the court shall grant a continuance. Such continuance shall be for no longer time than the ends of justice require, and the court shall enter in its minutes the facts requiring it.”     

I reappear on June 7, 2010 for hopefully my last dance. It is not bad, recurring defendants are first in line, I show up at 8:30 and am gone by 8:45. This Commissioner is the most nice I have had in a long time, versus the bully’s I hear students tell me about who yell at them and talk with contempt and down to the defendants. I love it when they yell at me/us ‘this is an infraction, Sir, you do not get a verified complaint for an infraction. Little do they know when they deal with a caticketbuster student, they do!

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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