Archive for Penal Code

How to approach your traffic ticket courtroom defense in California.

Remember it is all the same laws, should all be the same type of steps in the courtroom, but it is not. This process is alive and dynamic, it is constantly moving and changing. Even though the court or the Commissioners or the Jurisdiction should all be following the same traffic infraction ticket processes, they do not. Not by Jurisdiction, not by different court’s within the same Jurisdiction, and not even by the same Commissioners within their own courtroom. What the heck is going on?

The only thing that I can see that follows any outline or substance is the legal steps. First you have your ‘Arraignment’, which is open traffic ticket court where you are read your charges and asked how you plea? This is not confrontational (other than the Commissioner when you ask for your, or stand up for your -RIGHTS), there is no Officer, there is no evidence. The only purpose is to read you your charges and ask how you plea.

From there you will either give in, pay your fine, and walk out; or you will plead not guilty (there are 6 types of pleas-we won’t get into that now), and be scheduled for a ‘contested traffic ticket court calendar’. That will be the time you confront your accuser (the citing Officer)  submit evidence, and argue your case.

I am over simplifying it, as there can be several steps in between each part, like filing motions, challenging several items (like evidence or jurisdiction, etc.), and documenting your position or challenging theirs. I will get into the second court appearance on another post.

You will hear a similar oratory from the Commissioner at the beginning of the Arraignment Calendar (as it is scripted by the Judges Bench Guide), I have included a copy of one of my traffic court appearances Commissioner’s opening statement to the courtroom for you to hear what you will probably be experiencing when you go.

PUT AUDIO BUTTON HERE

Now the question is, if you are going to fight this traffic ticket, do you want to win? Will you listening to experience so you won’t have to learn from your losses, you can learn from other peoples mistakes. I have been helping students for a long time now, and hear their stories (of what worked and what did not work).

Everybody likes to think they will RISE TO THE OCCASION, but that never happens. As people, we fall to the level of our training, experience or practice. So, like the Commissioner, you must understand the processes and what you are up against, and then comes preparation. PREPARATION, PREPARATION, PREPARATION is the key. You must script what you think you can follow (remember the Traffic Ticket Court goes on everyday with hundreds of people, and you are only there once) so you are out of your league. You need to level the playing field. Study, study, study. Go over our blog, learn and understand you will continue to learn forever. If you think you know it all, you will lose. Don’t get your head handed to you.

I have written a script for you below, study it, learn it, question what it means, change it to soot your personality better. But the lesson is ‘to have a script or outline to follow’ when you (David vs Goliath) are up in front of the Commissioner. Since they do this everyday, they know how to trick you or trip you up. They are not all Bad, it is to see if you know what the heck you are doing or talking about. And most importantly, they want to keep you in line so you don’t cause more work or a group movement. If they can put you in your place, the rest of the ’sheep’ will follow to slaughter.

Can you fight the traffic ticket system?

Can you fight the traffic ticket system?

Also, take all of this as a learning step. Want to win, work hard at learning your rights and responsibilities, but don’t take it so personally that you lose sight of your life and what is important in it. I have had students that had veins popping out of their necks as they ‘fight to the death‘. If you lose (and yes, they can trample all over your rights if you don’t know what they are doing or how to defend your self-ever hear of a Kangroo Court?), we have a whole section on Appealing your decision (this also will be on another blog post).

SO HERE YOU GO:

Step 1

First Court Appearance Step by Step instructions

a. Preparation:

First of all, it is intimidating, so take a deep breath. Don’t drink a bunch of coffee and go to the restroom before you go into court. (nothing worse than having to go and waiting for your turn at bat).

Relax, breath, and all you have to do is follow the script. Talk loud enough so they can hear you clearly. Be respectful. Look at the Commissioners title on his desk. Address him/her as the title is.

Print out the script and your motions under the Resources Tab, go through them and then fill them out. Check them over again to make sure you did not forget anything and that you understand them.

The motions you want to print out are:

1.       Request for Verified Complaint

2.       Demur to the NTA

3.       Discovery

You want two copies of each, one for the court and the other for your files. They will stamp them ‘Filed’ and return one set to you. We want 3 copies of the discovery as you will need to serve the 3rd copy to the DA’s office.

b. Open Traffic Court Appearance-everyone.

You will have to check in, usually with clerks before you go to court. This is normally the long lines that you waste your life in waiting to be served by civil servants who don’t seem to care, about you or what you have been thru. They have heard it all and don’t want to hear it from you.

In court, just before court starts, they will do a ‘roll call’ to see who has shown up.

Then the Commissioner comes in and gives his pre-Arraignment talk (5-10 minutes) on how ‘his’ system works, what he does, what he expects from you, how many they call up at one time, how payment on account work or ‘working it off’ is done, how waiving time does not give up any of your rights (DON’T DO IT!!!), what types of plea’s you can enter, etc.

Then they will start calling up people to arraign (that means that you were read your charges and asked how you plea?), this is the actual Open Traffic  Arraignment  Court or Calendar. There is no court trials yet, there are no police witnesses against you yet, they just want to know how you plea, if you want to just pay your fine and have it go away, make payments, work it off, or ‘contest it’ which means you plea Not Guilty (or Nolo-Contendre-another version of not guilty) and ‘set you for trial.

c. Open Traffic Court Appearance-your turn at bat!

The Commissioner will call your name, ask you to step up to the ‘bar’ (it normally is a table or podium), then will read your charges like,

“Mr. So & So, on Date, you were cited for (what your ticket is for), ‘How do you Plea?’”

And your exact remarks will be: This is your script immediately below, print it out so you don’t miss it.

Commissioner I Object to the Notice to Appear.

I have 3 motions to file:

First a request for a verified complaint,

Second a Demur to the Notice to Appear,

and Third a Discovery request.

You will hold up your copies of your motions to the Bailiff (Sheriff) who will take them from you and give to the Commissioner.

During this time, the Commissioner will interrupt you stating things like, ‘this is an infraction – you do not get a verified complaint’ or ‘your notice to appear is your complaint’. Don’t worry about what he says, stay on point. They also rattle you, so keep this written script with you so you can proceed. It is your objective to get these filed and ‘on the record’ to beat them by them making mistakes.

If you were interrupted, be quiet, respectful and patient, then proceed with the script.  YOU MUST GET IT ALL IN!

The Commissioner usually will hand the motions to his clerks who will stamp them ‘Filed or Endorsed’ and have the Bailiff or Sheriff hand you back your copies.

At some point, the Commissioner will ask you again if you will enter a plea at this time (it’s their trick, they do it over and over) or if you will waive time. Your answer:

“Commissioner, I cannot plea at this time” or

You can fight & beat your traffic ticket in California

Push back with www.caticketbusters.com

“Commissioner, I do not wish to waive time”

At this point, usually the Commissioner will reschedule you and give you a new appearance date. Keep it slow and simple, we only want to get the motions filed and your Objection on the record. Everything is about getting what we want on the record so we can reference it later and use it against them. Sometimes we get a new Commissioner (so don’t worry about this one) if he does not want to play ball!

If you want to dialog with the Commissioner, here are some good ones to use.  (be careful though, as they do this 8 hours a day and they are asking questions to trip you up for some legal reason)!

Always, Always, Always try and ask the Commissioner a question ‘for the record’, like:

“Can you please state, ‘for the record’, what Penal Code, Vehicle Code or Statute you are using to base your decision on?” I need it for any possible appeal. The more you can get them to commit their answers on the record the better we can get them to dismiss your case. Whoever is asking the questions is in charge, so don’t be afraid to keep asking Commissioner questions (be Colombo).

If Commissioner pushes you on ‘how you Plea?’ to your charge, just read this:

“I cannot plea at this time. I  specifically and  simply do not understand the nature and cause of the accusation with regards to the elements of personal jurisdiction, venue, and the nature of the action until the prosecution properly alleges them and therefore unable to enter a plea against the charge until I have an opportunity to raise a meaningful defense against these elements. I simply cannot rebut an unstated presumption.”

Frame as questions:

“Commissioner, can you quote the statutory intention of 40513 a&b for me?” (see our breakdown-best to save for 2nd court appearance, but if Commissioner pushes you-then shoot him between the eyes, print out and read this to him to get his answers on the record.).

“Exactly – if you don’t know how can you hold anyone to answer to it.”

“Can you prove and state for the record you have Subject Matter Jurisdiction?”

“Did you know, If you violate my rights, you lose Subject Matter Jurisdiction?”

Rev 1-2011

Ronald Cupp PhD

Facebook

Twitter

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!

How to do an Appeal of your Infraction case. When you are in traffic court, it is about the facts. When you appeal your traffic court loss, it is about the law! Don’t forget that.

You lost your traffic ticket case in court, you were railroaded, the Commissioner did not listen, the court did not follow its own rules of court,  penal  or vehicle codes. They held you to the letter of the law but then broad jumped over all their own rules and procedures.  It was not fair.

Fight & Beat any traffic or speeding ticket in California

So what can you do now? You can appeal; an appeal is a request to a higher court to review a ruling or decision made by a lower court. If you are appealing, you are called the ‘appellant’. In an infraction case, the court hearing the appeal is the appellate division of the superior court, and the lower court-called the ‘trial court’ is the superior court. This means that we can get 3 separate Judges to overlook any procedural error the trial court made against you, if you (or they) were prejudiced against you.

It is not a new trial, you cannot introduce any new evidence or testimony now for this hearing, (that is why we instruct you to always get your information, questions, objections, requests for dismissal, etc, everything in the record, during your regular court hearings). If you did, then we can show the trial court erred and it is our job now to show where.

So it’s a lot of stuff, but easy to do. Let’s bullet point the steps. Only 9 items to do to win.

  1. Decide if you are going to appeal. This is to the Appellate Division of your same superior court.
    1. If so, send notice of appeal within 30 days after trial court renders judgment.
    2. Ask for stay so you do not have to pay fine or complete punishment until appeal is done.
  2. Decide if you want record of Oral proceedings.
    1. Decide Statement on appeal or Electronic Recording (if available)(Court reporter too expensive).
    2. You must serve & file proposed statement within 20 days after you file notice of appeal.
    3. State has 10 days to review and make modifications
    4. Trial judge then review both proposed statements. Judge can make modifications.
    5. You review judge’s modifications and then you can modify again within 10 days.
    6. Trial judge certifies Oral proceedings (settled statement) for Appellate Division.
  3. Court clerk sends statement & transcript to appellate division with other documents & exhibits.
  4. Appellate Division will notify you of when you must serve & file ‘appellant brief’.
  5. Respondent (State) must serve & file ‘respondent brief’ within 30 days.
  6. If respondent file a brief, you will have 20 days to serve & file ‘reply brief’.
  7. Appellant Division will notify you of date for Oral arguments.
  8. After Oral arguments, Appellant division has 90 days to decide appeal.
  9. If you lose appeal, you can do the same thing to the APPELLATE COURT, a new higher court!

Again the cast of characters are (4),

a.       you/defendant/appellant

b.      plaintiff/respondent/People of the state represented by DA or City Attorney (even if they were not at your trial).

c.       The lower court/trial court which you are appealing

d.      The higher court/Appellate Division of the Superior Court

Some say the post office is the 5th party as it can all be done by mail (except settled statement).

Staying on point will help you establish credibility with the Judges. Stating the facts honestly will help when you lay out your case. Keep emotion and storytelling out. This is what you did, this is what the trial court did, this is how they harmed you.  Page and paragraph is proof of what you are saying.

THE KEY: When the facts are on your side, argue the facts. When the facts are against you, argue the law. We have found that if you are arguing the facts (it is the cop’s word against yours) you normally lose. That is why we use the legal system against itself; they make mistakes all the time! Arguing the law will involve either paperwork or procedure. A mistake in either can be fatal to the prosecution’s case against you. Again, it is your job to get everything in the record.

Also, I highly recommend spending a couple of hours in Appeals court to see what happens and how things are run. I have done this several times and it was not as formal as I thought it would be. But be prepared for formal and follow their rules so they cannot find against you on technicalities.

Appeals are slightly different for Misdemeanors than they are for Infractions, so we are focusing on the infractions as that is what most ‘traffic tickets’ are. If you have a misdemeanor case, they  will be slightly different procedures on the same links we are providing. (see form CR-131-info)

We start with the basics, the court supplied information packet.

http://www.courtinfo.ca.gov/forms/documents/cr141info.pdf

The appellate division’s job is to review the record of what happened in the trial court and the trial court’s decision to see if certain kinds of legal errors were made in the case:

1.       Prejudicial error: if an error was made about law or court procedures, and it caused you substantial harm, it is prejudicial error. (errors made by the judge). When Appeals Division conducts its review, it presumes that the judgment, order, or other decision was correct. It is our job to show an error and that it was harmful to us.

2.       No Substantial Evidence: You may also ask them to rule there was not substantial evidence supporting the judgment, order, or decision.

The appellant division generally will not overturn the judgment, order, or decision being appealed unless the record clearly shows that one of these legal errors was made.

You DON’T need a lawyer to appeal.

Everything we learned or we show you we got off www.courtinfo.ca.gov, and we link to the specific item when we think you need direction.  Feel free to scan and review what you need to learn.

Who can appeal?

Only a party in the trial court case can appeal a decision in that case. You are called the Appellant. The other party (the People of the State of California) is called the Respondent.

Can I appeal any decision the trial court made?

NO, you may appeal only a final judgment of the trial court-the decision at the end that decides the whole case. Other rulings made by the trial court before final judgment cannot be separately appealed, but can be reviewed only later as part of an appeal of the final judgment.

How do I start my appeal?

First, you must file a notice of appeal. The notice of appeal tells the trial court that you are appealing the trial court’s decision. Use http://www.courtinfo.ca.gov/forms/documents/cr142.pdf

Is there a deadline for filing my notice of appeal?

YES. You must file your notice of appeal within 30 DAYS after the trial court renders its judgment. This deadline cannot be extended. If you are late, you cannot appeal.

How do I file my notice of appeal?

You must bring or mail the original notice of appeal to the clerk of the trial court, it’s a good idea to bring or mail an extra copy and ask the clerk to stamp it to show that the original has been filed. After you file your notice of appeal, the clerk will send a copy of your notice to the office of the prosecuting attorney (DA, county counsel, city attorney, or state Attorney General).

Do I still have to pay my fine or complete other parts of my punishment?

Filing a notice of appeal does NOT postpone  your  fine or sentence. You must first ask the trial court for a ‘stay’ of the judgment. Even if you ask the Appellate Division for a stay, you must show you asked the trial court for a stay first.

What else do I need to do when I file my notice of appeal?

You must tell the trial court whether you want a record of what was said in the trial court (called a record of ‘oral proceedings’) sent to the appellate division, and, if so, what form of record you want to use. In the form  http://www.courtinfo.ca.gov/forms/documents/cr142.pdf it includes boxes to check whether and how you want to provide this record.

You do not have to send the appellate division a record, but if you want to raise any issue that would require them understanding what was ‘said’, you will need a record of these proceedings.  If the appellate division does not receive the record, it will not be able to consider what was said in the trial court in deciding whether a legal error was made.

Remember, the appellate judges were not in your trial and only know from the record of what was done.

What are the different forms of the record?

There are 3, only two viable.

1.       Statement on appeal. This is a summary of the proceedings approved by the trial court judge. You have to prepare it from your records or best of your memory of what was said, by whom, and what happened.

2.       Officially electronically recorded (some Counties do this-Yea!!! If you are in one). They may even want you to have the recording transcribed by a court reporter, by most of them will use the actual recording if you give them the actual spots of the recording to listen to. (you can say that in 12 minutes 10 seconds of the recording is when the Commissioner violated by due process rights).

3.       Court reporter-too expensive.

A Statement on appeal will take some of your time to prepare. It must include a summary of the oral proceedings that you believe necessary. It also must include points you are raising on appeal (see rule 8.916 CRC http://www.courtinfo.ca.gov/rules/index.cfm?title=eight&linkid=rule8_916).

You will want to use simple form CR-143 for this http://www.courtinfo.ca.gov/forms/documents/cr143.pdf

How to Serve and File a proposed statement:

You must serve and file your proposed statement within 20 days after you file your notice of appeal. (important-you should calendar this so you don’t miss it!).

1.       Have somebody over 18, serve it to the prosecuting attorney (DA or Commissioner)

2.       Fill out a proof of service-

for info http://www.courtinfo.ca.gov/forms/documents/app009info.pdf

for the actual form http://www.courtinfo.ca.gov/forms/documents/app009.pdf

3.       File the original proposed statement and proof of service with the trial court.

Now the dance. The DA and any other party have 10 days from date you serve your proposed statement to serve and file their proposed changes (called ‘amendments’). The trial judge then reviews both your proposed statements and amendments and makes any corrections himself that are needed to make sure the statement provides a complete and accurate summary of the trial court proceedings.

Here’s where it gets tricky, you must keep impeccable records since the Commissioner will be amending your statements to reflect what he believes happened, and if he has violated your due process rights, his version may be different than yours. You can’t refute it unless you have a record or diary of what happened and what was said, step by step.

If the judge makes any corrections and you disagree with anything in the judge’s statement, you will have 10 days from the date the statement is sent to you to serve and file objections to the statement. You then have to send it back to the judge for another round of reviews and corrections, and then the statement is certified;  a complete and accurate summary of the trial court proceedings.

When the trial judge certifies the statement on appeal, the trial court clerk sends the statement to the appellate division with the clerk’s transcript.

Is there any other part of the record that needs to be sent to the appellate division?

Yes, two other parts of the official record need to be sent.  (Documents and Exhibits).

Documents filed with the court the clerk is responsible for preparing a record of the written documents filed in your case (and this includes the transcript we just talked about). This is the most important-that is why we file motions and documents in court – for the record.  Let your papers do the talking!

Ie: If you only asked orally for a Verified Complaint and the judge just denied your oral request, that is the end of it. The record only shows oral request for Verified Complaint and Commissioner denies your request. But if you filed a written request for the Verified Complaint with all the backup, penal code citations, etc, we have set the stage for several reasons for overturning his decision and showing procedural error and prejudice against you.

Exhibits submitted during trial  (Photos, maps, etc).

You must ask the trial court clerk to send the original exhibit to the appellate division with 10 days after the last respondent’s brief is filed.  http://www.courtinfo.ca.gov/rules/index.cfm?title=eight&linkid=rule8_921

So all of the above is just preparing the record for the Appellate Division to review. What happens now that the record is prepared?

As soon as the Appellate Division receives the record(s) from the trial clerk, the Appellate Division will send you a notice telling you when you must file your brief.

What is a brief?

A brief is a party’s written description of the facts in the case, the law that applies, and the party’s argument about the issues being appealed.

You should read rules 8.927 & 8.928 CRC first

http://www.courtinfo.ca.gov/rules/index.cfm?title=eight&linkid=rule8_927

http://www.courtinfo.ca.gov/rules/index.cfm?title=eight&linkid=rule8_928

If you are appealing, you are the appellant, and your brief is called the ‘appellant’s opening brief’, and must clearly lay out what you believe are legal errors made in your trial. Your brief must refer to the exact places in the clerk’s transcript and the statement on appeal that support your argument. See why the record is so important!

Serve and File your Brief

You must serve and file your brief (the court will tell you when-normally 30 days after the record is filed in Appellate Division), using the same format stated above (page 3). If you do not file your brief by the deadline, the court may dismiss your appeal.

What Happens After I File by Brief?

Within 30 days (after you serve and file your brief), the Prosecuting agency (The People-State) may, but is not required to, respond by serving and filing a ‘respondents brief’. If they do not file, you do not automatically win. The Appellate Court will decide the appeal on the record, the appellant’s brief and any oral argument by the appellant.

If respondent (The People-State) serves and files a brief, within 20 days after you are served, you may, but are not required to, serve and file another brief replying to the respondent’s brief. This is called a ‘reply brief’.

Once all briefs have been served and filed, or time to do so has passed, the court will notify you of the date for oral arguments.

What is oral argument?

This is your chance to explain your arguments to the appellate division judges in person. You do not have to participate if you do not want to, you can ‘waive’ oral arguments. They will rule based on the record submitted, which is the briefs and any oral arguments submitted. If you choose to do oral argument, you will have up to 5 minutes for your argument (unless court wants more).

The judges will have already read the briefs, so you do not need to go over this. It is more helpful to tell the judges what you think is most important or ask the judges if there are any questions they may have concerning your appeal.

After oral argument (or scheduled dates for oral arguments), the judges have up to 90 days to decide what happens in your case and render their decision.

Ronald Cupp PhD

Facebook

Twitter

END

Rev Jan-2011

OK, now lets have some fun!  This another big step in beating your California Traffic Ticket. You know from my previous video blog post that there are six (6) types of pleas only (see video and blog post PC 1016). But did you know about a ‘demurrer’? A demurrer is a challenge to the sufficiency of something like a ‘complaint’, cause of action, or defense; in this case the NTA or the supposedly ‘Verified Complaint’. So, as an example, when you demurrer you are not challenging the ‘facts’ per say of the case, but that there is something that lacks one or more of the legal requirements for them to prosecute you or some legal requirement is missing in the prosecution’s case.

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 propecia merck be knocked out with a demurrer. A demurrer is filed near the beginning of a case during the pleading phase.

At common law, a demurrer was the most common pleading by which a defendant would challenge legal sufficiency in criminal or civil cases, but today the pleading is abolished in many jurisdictions, including the federal court system (though some jurisdictions, including California and Virginia, retain it). In criminal cases, a demurrer was considered a common law due process right, to be heard and decided before the defendant was required to plead “not guilty”, or make any other pleading in response, without having to admit or deny any of the facts alleged.

A demurrer is not a challenge to the ultimate merits of a case or claim. When ruling on a demurrer, a judge is required by law to assume as true facts alleged in the complaint, even if those facts would later be challenged. Historically, however, a party filing a demurrer often had to admit the facts in the complaint and waive the right to later challenge those facts. . . . .

Ok, here is the specific Penal Codes that we can use to effect your challenge!

1002.  The only pleading on the part of the defendant is either a demurrer or a plea.

1003.  Both the demurrer and plea must be put in, in open Court, either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose.

1004.  The defendant may demur to the accusatory pleading at any time prior to the entry of a plea, when it appears upon the face thereof either:

   1. If an indictment, that the grand jury by which it was found had no legal authority to inquire into the offense charged, or, if any information or complaint that the court has no jurisdiction of the offense charged therein;

   2. That it does not substantially conform to the provisions of Sections 950 and 952, and also Section 951 in case of an indictment or information;

   3. That more than one offense is charged, except as provided in Section 954;

   4. That the facts stated do not constitute a public offense;

   5. That it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution.

1005.  The demurrer must be in writing, signed either by the defendant or his counsel, and filed. It must distinctly specify the grounds of objection to the accusatory pleading or it must be disregarded.

1006.  Upon the demurrer being filed, 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.

So, what does all this mean? In plain English – by the numbers:

PC 1002 states that you can only Demurrer or Plea,

PC 1003 states that both the demurrer and plea must be put in, in open court, at your arraignment. (I have had Commissioners state that I should have filed it previous and served the DA, but again they were wrong).

PC 1004 states you can demurrer at any time PRIOR to the entry of a plea under #2(and in our case when we challenge the sufficiency of the Notice To Appear) because it does not comply with Penal Code Sections 950-952 and #5 constitutes legal justification or legal bar to the prosecution. Remember we are still attempting NOT TO PLEA and this is just another step that really throws them off.

PC 1005 states it must be in writing (signed of course!), and must specify the grounds for the objection (we have an awesome set of demurrer’s on our site!).

PC 1006 states (a) it must be filed, and it must be heard immediately!!!!! (I have never had one heard immediately, I have had them accepted over the bench and scheduled for hearing, or scheduled for contected traffic court, or given the DA 10 days to respond-but never heard. I have never even seen them look at our demurrer. Procedural error on their part).  And (b) If the court determines that it needs time (grants a continuance) it must state in it’s minutes the facts requiring the continuance. (Have never seen that also, so another procedural error, two at one time).

A Commissioner can overrule or deny your demurrer but you need to challenge them. Our demurrer has won us many, many, many cases, as it is very detailed and they are supposed to read and rule on it.

Again, 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!

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

Ronald Cupp PhD

Categories : Legal, Penal Code
Comments (6)

Discovery-how sweet it is. What this means is that they (the court-DA-Peace Officers) must supply you with EVERYTHING that they could possibly want to use as evidence when they charge and prosecute you with a California Traffic Ticket.

The actual codes are below;

1054.  This chapter shall be interpreted to give effect to all of the following purposes:

   (a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery.

   (b) To save court time by requiring that discovery be conducted informally between and among the parties before judicial enforcement is requested.

California Penal Code

   (c) To save court time in trial and avoid the necessity for frequent interruptions and postponements.

   (d) To protect victims and witnesses from danger, harassment, and undue delay of the proceedings.

   (e) To provide that no discovery shall occur in criminal cases except as provided by this chapter, other express statutory provisions, or as mandated by the Constitution of the United States.

1054.1.  The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows buy meridia online it to be in the possession of the investigating agencies:

   (a) The names and addresses of persons the prosecutor intends to call as witnesses at trial.

   (b) Statements of all defendants.

   (c) All relevant real evidence seized or obtained as a part of the investigation of the offenses charged.

   (d) The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial.

   (e) Any exculpatory evidence.

   (f) Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial.

So what does all this mean. Nothing, and then a lot. What we do is file a motion at our first appearance for the discovery (forms in our site). It does a couple of things.

First, it gets the District Attorney involved, second it makes them supply you with EVERYTHING that they can possibly use against you. EXAMPLES: So if they did not supply you with the traffic study that they used to determine the speed limit in an area; the radar or laser specification and tests before they decided to use it in the police force; traffic study’s before they authorized the use of a red light camera ticket; or the complete copy of the ticket (NTA) which had the officers notes on the back, then: they can’t use any of it and you can get your dismissal.

Most importantly we are using this as a mechanism to force the DA or entangle who is doing what in how they are prosecuting you. We are trying to take this out of a purely Administrative Hearing into a proper prosecuting venue with the DA on one side, you on the other, and now the Commissioner who has to properly judge the hearing and not just Administratively rule over you.

The DA wants nothing to do with this, they have real crime to fight. They will tell you they do not get involved in contested traffic cases (will that is too bad, the law says they are supposed to). They will try and have the CHP or local jurisdiction that cited you supply you with a copy of the ticket, not acceptable. By the way, I have the most awesome letter when they do this. It forces them to show which codes or laws that state that they are not to prosecute you, or to give you which Penal Codes and to show WHO is to prosecute you. Of course they can’t, there is none. It is suppose to be the DA!

So now you have filed a motion that they must hear or rule on, and you have effectively tied up another part of the Judicial System and put mud in their tracks to slow them down.

Again, I personally have used this on several California cell phone tickets and traffic tickets, namely speeding 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

Comments (2)

This is a very small code, but very important. I have linked it with Government Code 100 which correlates with this. In all my papers fighting my California Traffic Tickets I list both.

California Penal Code

The actual Penal Code is listed below, and I italic and underlined the important part!

684.  A criminal action is prosecuted in the name of the people of the State of California, as a party, against the person charged with the offense.

Government Code:

100.         (a) The sovereignty of the state resides in the people thereof, and all writs and processes shall issue in their name.

  (b) The style of all process shall be “The People of the State of California,” and all prosecutions shall be conducted in their name and by their authority.

So what? Who cares about this? Well, either your ticket is civil or criminal. If you ask the Commissioner, he will tell you it is criminal propecia 5mg (I do, by the way, ask them for the record). Let’s play doctor with a scalpel and just cut out the cancer.

When you go to court, they want to prosecute you with the Notice To Appear (hereafter NTA, because it was approved by the Judicial Council), but on the NTA it lists either the CHP (or other City) and they are ‘governmental agencies’, and are actual government corporations, NOT THE PEOPLE OF THE STATE OF CALIFORNIA! 

So ask the Commissioner, where on the charging instrument does it show the people of the State of California.

So, on the face of the prosecuting instrument, the NTA is deficient. (see my other video and blog post on PC 1002-1006,  Demurr’s and how to challenge the legal sufficiency of this instrument).

 Now try and get the commissioner to go along with this.  They won’t, but it is an important ingredient in our recipe for getting your dismissal. These 26 words are very important.

Again, I personally have used this 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 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

Related Posts with Thumbnails
Online Traffic School, Defensive Driving, Traffic Safety, and Driver Improvement