Archive for Stop Sign Ticket

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

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

Forgot on my last post, several students commented on the Commissioner’s comments and understanding of the illustrious and Illusive ‘Verified Complaint’ on my current traffic ticket, namely the California stop sign ticket. 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.

I have included the audio 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’.

In this instance (and several others in Sonoma County who have reported similar stories like this), the Commissioner states, and in her helping tone and explanation, tries to coax me not to use my legal and justified rights to a request for a verified complaint.  Also to waive time and plead not guilty for me!

First, so you can see our position, the code states (which code?? Well several of them-853.9  sub-paragraph (b), of the penal code which by the way, is printed on the infamous NTA or notice to appear-your ticket-in fine print on the bottom of your ticket, that the court wants you to accept as the ‘complaint’ to which you MAY plead because it is approved by the Judicial Counsel,  California Motor Vehicle Code 40513 (a) & (b) (note the MAY plea verse, doesn’t mean you have to plea with the NTA).

The actual code states this:

Penal Code 853.9. (a) Whenever written notice to appear has been prepared, delivered, and filed by an officer or the prosecuting attorney with the court pursuant to the provisions of Section 853.6 of this code, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead “guilty” or nolo contendere.

If, however, the defendant violates his or her promise to appear in court, or does not deposit lawful bail, or pleads other than “guilty” or “nolo contendere” to the offense charged, a complaint shall be filed which shall conform to the provisions of this code and which shall be deemed to be an original complaint; and thereafter proceedings shall be had as provided by law, except 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 notice to appear.

(b) Notwithstanding the provisions of subdivision (a) of this section, whenever the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed.

Vehicle Code 40513. (a) Whenever written notice to appear has been prepared, delivered, and filed with the court, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead “guilty” or “nolo contendere.”

If, however, the defendant violates his or her promise to appear in court or does not deposit lawful bail, or pleads other than “guilty” or “nolo contendere” to the offense charged, a complaint shall be filed that shall conform finasteride 1mg to Chapter 2 (commencing with Section 948) of Title 5 of Part 2 of the Penal Code, which shall be deemed to be an original complaint, and thereafter proceedings shall be had as provided by law, except 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 notice to appear.

(b) Notwithstanding subdivision (a), whenever the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed. In the case of an infraction violation in which the defendant is a minor, the defendant may enter a plea at the arraignment upon a written notice to appear. Notwithstanding any other provision of law, in the case of an infraction violation, no consent of the minor is required prior to conducting the hearing upon a written notice to appear.

In both of these instances, it states that the Defendant (you or infraction violator) MAY plead ‘guilty or nolo-contendere, if you WANT TO ACCEPT THE NTA as your complaint; and also ‘the defendant may, at the time of arraignment, request that a verified complaint be filed. There ya go BABY, in black and white.

So now let’s hear the song and dance the Commissioner tells us, after she’s done all the legal research (and she’s sick of it), and that I should have filed the motion for request for a verified complaint beforehand (even thou it says ‘at the time of arraignment in the code) but she will take my ‘oral’ motion over the bench, then on to the night fable tale (like mom use to tell when we went to sleep) about the “officer used to sign his name on the ticket and the people could not read his signature, then because it was printed and not signed it did not constitute a valid verified complaint, blah blah blah (my head is beginning to spin with all the story jargon and not down to the right that I get to request a ‘verified complaint at my arraignment’. So as you listen to the audio, also catch the attempt to get me to waive time (we never do). Also about the ‘not guilty’ plea they wanted to enter on my behalf (for another long discussion and California traffic ticket blog post)!

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

Went again to open Traffic Court this morning. Up at 6, leave home at 7, hit Starbucks for coffee, then off the open traffic court to start the process to Beat my Stop Sign Ticket. Last month was the circus, had 200 people show up to try and get into court, only about 70 got in and 130 had to leave to come again another day to fight their Traffic Tickets. They had told me I was past all of my extensions for court, but gave me another one anyway to April 27, 2010 (today’s appearance) as it was not our fault the court is too busy to take us in like sheep to the slaughter. Armed with another extension to get to today, I am in line at 7:18, 42 minutes before they open the door. I am already 46th in line and know at least today I will get in to the Commissioner to hear my case regarding my stop sign ticket.

Get in, told to go to Department (that’s court talk for room) 14 by 8:30. Got there and waited with everybody else to get in. I have now heard everybody’s tale of woe; “how it was not their fault, they did not do it, I did it but need leniency, I brought the cigarette butt to show I did not throw it out the car”, and on and on. I love to hear the ‘professional’ goers, who tell everybody what to expect, what to say, and how they know (by several trips there of course!).

Anyway, today was a jewel. I had Commissioner Carla Bonilla, who tried to retire in January (I think). She is someone who cares, someone who listened to the people and their propecia online buy tales of woe, whether they were unemployed, what happened, etc. It was one of the longest court sessions (with a mandatory 15 minute break) I had had for about 30 people.  I was there from 7:18 on, but the court ran me from 8:30 to 11:18.

Commissioner Bonilla explained everything in detail, what the options were, and what she could do for people. And more importantly, she did. Out of my many court appearances (I go for friends and clients and just to watch and learn), who dismissed a couple ‘in the interest of justice’, she constantly gave less fines and penalties when she could within her discrepancy. It was one of the most pleasant experiences I have ever had.

When it was my turn, I handed my written request for a Verified Complaint as I learned from Caticketbusters to the bailff (Sheriff) and it was ignored unless the Commissioner wanted to see it or unless I demand she read it and take it under consideration. I turned on my recorder and she was explaining what my situation was, what the ticket was for, how many points I had on my record and when they could come off, what she could do for me, then what my options were.  It was so good I almost wanted to take it (whatever it was as she is so nice and caring).

But alas, NO, I did my legal stuff. Objected to the Notice to Appear, Requested additional time to plea, and requested a Verified Complaint. She went thru the understandings and misunderstandings of time and that my NTA (notice to appear) is the Verified Complaint, etc., etc.

We obviously have a difference of opinion and I believe her understanding of the Verified Complaint and some of the Time Limites are off, but did not care. (I had just studied the Judges Bench Guide and the Court Procedures, and  the Penal Codes that apply-supplied by CaTicketBusters.com, so I felt ready. I got what I wanted, my three items were on the record and I was set to return May 17, 8:30 am and I don’t have to wait in line for all the schedules. Whew! In any event, its like a chess game, only I know the next possible moves and my counter moves to their moves! (are you dizzy yet).

Long story short, got my legal chess game on the board in 2 1/2 hours, and set for hopeful dismissal on May 17th.

Ronald Cupp PhD

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