Archive for Traffic Ticket Info

CHP teams up for traffic enforcement with SPD

Unique collaboration a boon to department

by Laura McCutcheon
Sonoma West Staff Writer
Published: Wednesday, February 2, 2011 1:28 PM PST

SEBASTOPOL — The California Highway Patrol has offered to assist local police with traffic enforcement on state routes inside the city limits, in response to an alarmingly high number of collisions occurring in Sebastopol.

In 2009 Sebastopol ranked second highest out of 70 similar-sized California cities in pedestrian-related collisions, and third highest in speed-related collisions, according to data compiled by a computer program referred to as “SWITRS” (statewide integrated traffic reporting system). Sebastopol was also second highest (in relation to population) in the category of victims killed or injured, Sebastopol Police Lt. James Conner said.

The unique arrangement between the state and city law enforcement agencies begins this month. While the CHP can and will issue citations within the city limits, normally its main focus is patrolling state routes outside the city limits.

“When they are here, they will let us know, and that will free up our officers to work traffic enforcement in the neighborhoods. Right now we have to split our efforts between the state routes — where most of the collisions and traffic are — and the neighborhoods,” Sebastopol Police Chief Jeff Weaver said. “No other jurisdiction in Sonoma County has ever done this — having the CHP patrol their city on a routine basis. Certainly they drive through now, and if they see a violation they can write a ticket, but this is different in that they are actually focusing their efforts in the city intentionally,” he said, adding, beginning around Feb. 7 two CHP patrol officers will start coming to Sebastopol during parts of their normal workweeks.

Is your fine for City Government?

Is your fine for City Government?

The SPD is also assigning extra officers when available, and encouraging those who regularly patrol, to focus their efforts on traffic enforcement, Weaver said.

“In these tough times we are all trying to work together to use the public’s resources to the most sufficient means,” CHP Sgt. Robert Mota said. “Chief Weaver saw that he’s got some pretty high traffic volumes through those two state routes (highways 12 and 116), so we will take some of our existing resources and focus on (those),” he said.

The concept was already tested one day in January when the CHP sent five of its officers to Sebastopol to work two hours of traffic enforcement, Weaver said. During that two-hour stint, the CHP officers issued a total of 27 citations, seven of which were considered “primary collision factor violations” Weaver said, referring to speeding, running stop signs, etcetera. Nine citations were related to cellular phone usage; eight were for failure to wear a seatbelt; and three had to do with things such as expired registrations, he said.

Asked how many citations, on average, the SPD would normally issue during a two-hour time frame, Weaver said: “Much, much, less than that, ’cause they (CHP officers) were here exclusively focusing on traffic on state routes. I am pleased for this partnership and I appreciate the help, ’cause we need it.”

That said, Weaver feels there are “legitimate reasons” for Sebastopol’s higher than average number of traffic collisions. One has to do with the traffic volume. Most cities Sebastopol’s size, do not have two heavily travelled state highways going through downtown, he said. Weaver said the SPD is also very diligent about taking accident reports, and it’s possible that some other cities aren’t, which would makes Sebastopol’s numbers look higher by comparison.

“But, being second worst, where we have more than one injury collision a week, is unacceptable to me,” the police chief said. Hence, the plan to increase traffic enforcement, which is intended to save lives, not to earn money for the department, he said.

“Sometimes people claim we do this for the money and I need to say that is unequivocally not the case. I want to convey that our income, is the city’s income, and that comes from every kind of traffic fine there is. That amounts to about $65,000 a year, which is about 2 percent of the police department’s budget, and that income in of itself does not pay for a police officer. Salary and benefits of a police officer is much more than $65,000,” Weaver said, noting, that money also does not come to the police department, it comes to the city’s general fund and is distributed like any other income.

“The only purpose for our increased efforts and our partnership with the CHP is to reduce collisions,” he said. “And that’s it.”

Staff Writer Laura McCutcheon can be reached at laura@sonomawest.com.

Where, pray tell, does the general fund put it’s money. It goes back into Government, and low and behold, are not the Police Department part of the Government. Wish people would grow up or stop being so Naive.

Ronald Cupp PhD

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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

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Rev Jan-2011

Blog posts for Light Hearted

We at www.caticketbusters.com are constantly looking for things to keep things in perspective and a smile on our faces as we fight and beat all traffic tickets, including speeding, red light, commuter lane, stop sign, cell phone and seat belt tickets.

Just something a little light hearted…you may have already seen it but…This is well worth the read, at some time or another it was us!

“$5.37.” That’s what the kid behind the counter at Taco Bell said to me. I dug into my pocket and pulled out some lint and two dimes and something that used to be a Jolly Rancher. Having already handed the kid a five-spot, I started to head back out to the truck to grab some change, when the kid with the Elmo hairdo said the harshest thing anyone has ever said to me.   He said, “It’s OK. I’ll just give you the senior citizen discount.”

I turned to see who he was talking to and then heard the sound of change hitting the counter in front of me.

“Only $4.68,” he said cheerfully.

I stood there stupefied. I am 58, not even 60 yet.  A mere child!  Senior citizen? I took my burrito and walked out to the truck, wondering what was wrong with Elmo. Was he blind? As I sat in the truck, my blood began to boil. Old? Me? I’ll show him, I thought. I opened the door and headed back inside. I strode to the counter, and there he was waiting with a smile.

Before I could say a word, he held up something and jingled it in front of me, like I could be that easily distracted! What am I now? A toddler?

“Dude! Can’t get too far without your car keys, eh?”

I stared with utter disdain at the keys. I began to rationalize in my mind. “Leaving keys behind hardly makes a man elderly! It could happen to anyone!”

I turned and headed back to the truck. I slipped the key into the ignition, but it wouldn’t turn.

What now? I checked my keys and tried another. Still nothing. That’s when I noticed the purple beads hanging from my rearview mirror. I had no purple beads hanging from my rearview mirror.

Then, a few other objects came into focus. The car seat in the back seat. Happy Meal toys spread all over the floorboard. A partially eaten doughnut on the dashboard. Faster than you can say ginkgo biloba, I flew out of the alien vehicle.

Moments later I was speeding out of the parking lot, relieved to finally be leaving this nightmarish stop in my life. That is when I felt it, deep in the bowels of my stomach: hunger! My stomach growled and churned, and I reached to grab my burrito, only it was nowhere to be found.

I swung the truck around, gathered my courage, and strode back into the restaurant one final time. There Elmo stood, draped in youth and black nail polish. All I could think was, “What is the world coming to?”

All I could say was, “Did I leave my food and drink in here?” At this point I was ready to ask a Boy Scout to help me back to my vehicle, and then go straight home and apply for Social Security benefits.

Elmo had no clue. I walked back out to the truck, and suddenly a young lad came up and tugged on my jeans to get my attention. He was holding up a drink and a bag. His mother  explained, “I think you left this in my truck by mistake.”

I took the food and drink from the little boy and sheepishly apologized.

He offered these kind words, “It’s OK.   My grandfather does stuff like this all the time.”

All of this is to explain how I got a ticket doing 85 in a 40. Yes, I was racing some punk kid in a Toyota Prius. And, no, I told the officer, I’m not too old to be driving this fast.

As I walked in the front door, my wife met me halfway down the hall. I handed her a bag of cold food and a $300 speeding ticket. I promptly sat in my rocking chair and covered up my legs with a blankey.

The good news was I had successfully found my way home.

-*-*-*-*-*-*-*-*-*-*-*-*-*-

Just in case you weren’t feeling too old today – - -

The people who are starting college this fall were born in 1991.

They are too young to remember the space shuttle blowing up.

Their lifetime has always included AIDS.

The CD was introduced two years before they were born.

They have always had an answering machine.

They have always had cable.

Popcorn has always been microwaved.

They never took a swim and thought about Jaws.

They don’t know who Mork was or where he was from.

They never heard, “Where’s the Beef?”, “I’d walk a mile for a Camel,” or “de plane, Boss, de plane.”

They don’t have a clue how to use a typewriter.

Always have to keep you on the lighter side of these things or you will prune up like a raisin. Even in the mist of battle with the legal traffic system and  dealing with the harshness of the unforgiving Traffic Commissioners, we have to keep a smile on our faces and minds to keep things in perspective.

Comments (1)

Blog posts for Light Hearted

We at Caticketbusters are constantly looking for things to keep things in perspective and a smile on our faces as we fight and beat all traffic tickets, including radar speeding, red light, commuter lane, stop sign, cell phone and seat belt tickets. Keep an eye on our Caticketbusters Blog for legal, instructional, self help in the traffic arena, and of course, the lighter side of the traffic ticket system!

Got this sent to me from a friend who could not stop laughing. His son is in the military fighting for our rights here at home, and can’t understand the law enforcement’s so uptight and focused on giving traffic tickets instead of trying to focus their attention on more needed areas of law enforcement. You know, hit and runs, burglary, arson, rape, murder. Nope, got to stay focused on the traffic ticket revenue until a crime is committed, then we will investigate.

Top This One For A Speeding Ticket

 

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How Fast Did That Say??

Two California Highway Patrol Officers were conducting speeding enforcement on I-15, just north of the Marine Corps Air Station at  Miramar  . One of the officers was using a hand held radar device to check speeding vehicles approaching the crest of a hill..  The officers were suddenly surprised when the radar gun began reading 300 miles per hour. The officer attempted to reset the radar gun, but it would not reset and then turned off. 
Just then a deafening roar over the treetops revealed that the radar had in fact locked on to a USMC F/A-18 Hornet  (Northrop Grumman aircraft) which was engaged in a low flying exercise near the location.

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Attached is an email from a very inspiring student of ours, and as all emails are, you need to go in reverse or read from the bottom up as each subsequent answer is placed on top. I have decided to start doing this so I can catalog our answers to students and others can learn from these interactions with court and solutions. It is always a moving target with tactics and answers changing in response to how the court reacts to each student.

In this one, Keegan (I have removed his last name and portions of his email and phone for privacy) gave us permission to use his activity and he even posted it on YouTube.  Although for privacy I did this, I will give his link to the YouTube as he wanted to pass this on for others to follow.  His emails are in black writing, our response is anything in red.

From: Keegan **** [mailto:keegan****@*****.com]
Sent: Sunday, November 21, 2010 11:15 AM
To: Service@caticketbusters.com
Subject: Re: Broken Links in CATicketBusters-Answers to your questions

Hi Louis,

Here is a link to a recording I made of my court appearance this past Thursday. http://www.youtube.com/watch?v=HFjBE8RtIqo

There’s a brief intro, and then the recording begins.  I did my best to edit the sound.  I had the mic hidden inside my coat so it scratches when I move, but hopefully you can understand it.

FYI, the part where she (the commissioner, who is new as of Sep 2010 by the way), finishes reading my charges and then mentioning the motions I’d filed, she basically motioned with her hands and expressed with her face, “OK, um, don’t know what to do with you, and said ‘You’ve filed some motions… so go ahead’”.  Looking back, it was quite comical, and pretty cool that I was the only one she never asked “How do you plea” since I had filed with Notarized Affidavit the day prior Removal of Court Entered Plea PC 1018.  

She was very respectful, and kind even.  She did all kinds of “favors” that day, reducing $600 fines all the way down to $300 at times.  ;)

I am amazed that she said on the record “I’ll ask the District Attorney to file a Complaint and I think he will based on the charges” (paraphrased).

This is where California Rules of Court 4.110 applies right? They have 15 days to file the Verified Complaint, and I’m coming back 28 days from this past Thursday, so unless they file before the 15 day mark, they’re outside of Due Process right? Or at least their own rules anyway?  

I imagine the Commissioner will say that this is not a criminal proceeding.

I held off on entering the Demurrer to “Notice to Appear” since she said she’d ask the DA to file a complaint.

Lastly, if you wanted to use my YouTube video on CAticketbusters, it’s in public domain, and I’d be fine with that.

I want this case dismissed!  Thanks for your help.

Keegan ****

Keegan;

The request should have been in writing and filed in court. It is OK, she said she would have the DA produce one. It is OK that the DA will NOT give you a verified complaint (they can’t- they missed time frames, etc).

Your next step is to file a demur to the complaint when you go back to court.

Save your request for additional time to plea (or discovery-or talk to counsel) until you need it. When you file the demur, she will probably deny it on the spot or again tell the DA to answer it.

Go!

Louis

From: Keegan **** [mailto:keegan****@gmail.com]
Sent: Sunday, November 21, 2010 1:03 PM
To: Service@caticketbusters.com
Subject: Re: Broken Links in CATicketBusters-Answers to your questions

One more thing.

I submitted the request for Verified Complaint via certified mail, with signature proof, but without Notarized Affidavit.  The court accepted it into the case, levitra pharmacy and as I mentioned, and as the Commissioner stated, she’d request the DA produce a complaint.  I noticed she neglected to say “verified” in front of complaint.

Should I submit again with a Notarized Affidavit attached, so they can’t falsify response?

If they do produce a Verified Complaint (first time in history in traffic infractions no?), I will request additional time to enter a plea.

Thoughts.

Keegan

On Wed, Nov 17, 2010 at 11:00 AM, Keegan **** <keegan****@gmail.com> wrote:

Hi Louis,

THANKS FOR TAKING THE TIME TO HELP!

One broken link is the Demurrer to the NTA.  It says “link appears to be broken” in Chrome and Firefox.

Motion and Declaration to Vacate Judgment is also broken.

You should check all the links on this page.  If it works on your computer, perhaps it’s because they’re stored on your computer. If you delete them, or rename them, maybe clear your cookies and cache, then you should see they’re broken links.  Or just use a computer that hasn’t already downloaded them.

Bummer, I need the Demur to the NTA today. I have to file with the clerk today, and show tomorrow.  I think I’ll just Motion to Dismiss and Probable Cause….

Also, I’ll get them all Notarized.

Thanks again.  

Keegan ****

***-699-****

On Tue, Nov 16, 2010 at 4:09 PM, <Service@caticketbusters.com> wrote:

Keegan;

 Below is a case that I was just sent, I am passing it on just for additional educational benefits. (I do this for others and you just happened to start!)

Please review my answers below in your questions in the body of the email.

 http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=355&invol=41

 Conley v Gibson U.S. Supreme Court (1957) on making a Sufficient Statement of Facts:  A rule 12 (b) for dismissal of a Title 42; Section 1983, action cannot be granted to a defendant(s) if you follow what is stated in this case.

 This is the benchmark case here guys & gals for the Fed Rule 12 (b) motion to dismiss.  Please Read.

 Don’t forget:

 Always ATTACH a Notarized Affdavit to your VERIFIED complaint as to the truth of FACTS stated in ALL your pleadings from now on! 

 REGARDLESS of what it is.

 When you do this, they (your) defendant) must do the same.  If they FALISFY their answer in any way to do the same, you prevail and they (your opponet)  is/are on the hook, NOT you.

 Verified means supported by a SEPARATE AFFIDVIT (attached) as to the truth of the matters set forth in the complaint. (2A C.J.S. fn 9.).

 From: Keegan ****
Sent: Sunday, November 14, 2010 12:26 AM
To: service@caticketbusters.com
Subject: Broken Links in CATicketBusters

 Hi,

 I am finding your course to be extremely enlightening, empowering, and I’m enjoying this very much :)

 I wanted to bring it to you attention that there are a few broken links within the Resources section.

 Also, I wanted to ask for verification of the process I’ve taken.

 Step 1: I requested an extension with the clerk. GOOD

Step 2: The same day the extension was given, I sent via Certified Mail (with receipt of delivery sent back to me), the Verified Complaint Demand on pleading paper.  I did this to enter into the record and “serve the court” in an appropriate way, rather than trying to serve it across the bench, which they could deny. IN FUTURE, SERVE OVER BENCH OR WITH CLERK, WE WANT A COURT STAMP.

 I’m breaking this one down into small items:

Step 3: The court responded with PLEA AND NOTICE OF COURT TRIAL (CVC 40519), in writing with a Trial Date (the officer to be present), said the NTA counts as a complaint in lieu of a Verified Complaint. Look up demur in the Resourses section, you will need to file this (it is a challenge to the NTA). 

 A Not Guilty plea is entered (You will need to file a PC1018 removal of court entered plea-so you are back to normal when you go to court and not under their Jurisdiction),

 I waive time, and they cited CVC 40513(a) (and neglected b and c of course). So remember (look up 40513), when was it filed with the Magistrate? (remember a Commissioner is NOT a Magistrate (see PC 808) Also it says that the defendant MAY plead, not that you have to. Also that a Defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written NTA. Question is: did you give them an agreement in writing?

  I will adhere to section (b), and not agree to the NTA being a Verified Complaint as you mentioned in your video.  There is a place for my address, date, signature, and phone.  WHAT A RACKET! It’s everything I won’t do!  Like I’m going to sign and enter into contract with them!

GOOD YOUR GETTING THIS

 So to recap, we want the following motions filed: All under the resources tab.

 Written Request for verified complaint

Demur against the NTA

Removal of Court Entered Plea (PC 1018)

 You will frustrate them (sometimes they just don’t listen as you are quoting the penal code to them and they don’t want to hear it or they think they know it.)

Remember, it is important to get all this in for the record, so if they kangaroo court you, you can beat them on appeal. It is for the record we want all of this. Whenever you THINK something is wrong, object for the record. Even if you don’t know why. Don’t hesitate to ask for dismissal also and they have to rule on your requests. Remember this if for the record. Remember, no emotions or anger, just a person standing up for their rights and asking questions of how they can do this if the penal code says different. (They tell me you can quote the penal code incorrectly-of course)

 So, it is important to file 5 days before your court date (even though most can be ((especially the demur PC 1002-1006 states over the bench in open court at time of arraignment)), because I can see the Officer in court and they will just try and hold a trial. When that happens, object-for your due process rights. It will be denied. Then let them proceed, the judge will ask the officer what happened, and then he will turn to you and ask for your side of the story. Just say you are not here to try when you have not been properly charged. Then state or show him the court entered plea removal and that you want to file the demur.

 

If the judge is not listening to you, for the record, tell him you want to file a Peremptory Challenge PC 170.6, which means you feel he is prejudicial to you and that you want a new Commissioner.

 Let me know what happens after that and I will attempt to help you. Lastly, we can’t find any broken links. Can you help us out with where they were.

  The court date, which I think requires my signature to be valid, is Dec 16th.  I think I should appear (as I planned) next week, and request in person the Verified Complaint, thereby initiating the 15-day time limit for the Court to produce a true Verified Complaint.  Then, depending on what they do, I’ll show up after the 15 days, and request dismissal based on lack of prosecution (and cites California Rules of Court 4.110 I think).

 Lastly, I’m an internet marketer, and would like to promote this Clickbank product, but I need all the Resource links to be fixed before doing so.  I will also be documenting everything to use as testimony to the “awesomeness” of this system/methodology.  Can I have a video camera and audio record the hearing?  Or just record the hearing?  Should I hide it?  Should I let them know? The CRC (California Rules of Court) say you can record for your own records and notes only, but you must get the judge’s permission first. Is your court minutes recorded by the court? Sometimes they are and you can buy them, that is the best record. I personally have and HIDE a digital recorder when I appear on the bench.

 Thanks for your time.

Keegan H***

 I will always follow privacy and confidentially unless you give us permission.

So if you use ‘the system against itself’ and want to share your victory or experience, you can email or send us a short video clip to service@caticketbusters.com and we will post it on our blog!

We don’t spam, sell, market or betray your email address with anyone. If you send us your testimonial by email, we will remove part of the email address so it is not out in the public.

I personally have used this on several Speeding tickets in California  and traffic 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

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