Jun
22

How to apply Penal Code 19.7 to win your California Traffic Tickets!

By Ronald Cupp PHD

19.7. Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions including, but not limited to, powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.

Well, what does this mean? It means that your infraction (public offenses  and all California speeding tickets, traffic tickets, cell phone tickets, red light tickets, commuter lane tickets, stop sign tickets, red light camera tickets, and seat belt tickets) are all suppose to be treated, prosecuted, and handled like Misdemeanors.

So even though the court, in its infinite wisdom, in the past, changed the law and got rid of the ‘inferior’ court called the Municipal Court, or even before that, the Traffic Court, trying to make their life easier, they were not successful.

Under this code, it means that all (I’m being selective now for what is important to us) jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.

If you listen to some of our court audio’s, you will hear the commissioners saying that your speeding and traffic tickets are infractions, and that you do not get a ‘verified complaint’ or other charging instrument that we ask for.  The same goes for time frames and filings, and most importantly, the burden of proof.

Well, just keep this ace in the hole for when we need it. Remember, the commissioners have not read the code(s) in a long time, and are used to the flow of sheep to the slaughter so they have not had to bone up for research most of the codes we use in our ‘recipe’ for success.

Out of all this, just know that when you need it, it is there. We can force the courts to use it’s own laws to hold them accountable for proper procedure and to protect our due process rights. Just because the laws were changed to ‘simplify’ the system for the courts (actually-now- it is simplified for their money collection scheme and that they do not have to treat it like a misdemeanor, which would give you more rights, trial by jury, public defender) so that now they do not have to spend as much money prosecuting you for the tax fine, by the way, they call ‘bail’.

Again, I personally have used this on several California speeding tickets and traffic tickets, namely cell phone tickets, commuter lane tickets, red light tickets, red light camera tickets and seat belt tickets to tie them up and use their own rules of court against them. Remember  It  works for all California infractions,  to have them treated for our purposes, to hold them to the Misdemeanor laws and rules of court!

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

propecia hair loss href=”http://ronaldcuppphd.com”>Ronald Cupp PhD

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Comments

  1. frontncenter says:

    That is definitely one of the few ways to go. They claim an infraction is such a minor offense it\’s not even considered a crime, and yet they use it to bypass prosecution, eliminate constitutional rights, violate due process, shift the burden of proof and abuse procedure. There\’s nothing minor about that at all.

    The law also states, whenever the people or state are the plaintiff\’s they must be represented by an attorney for the government (city or district attorney), aka the prosecutor. An officer who is the accuser, the ticket issuer, and the witness, is sitting as the prosecutor (conflict of interest), and commissioner is sitting as the ass. prosecutor (illegal, conflict of interest).

    There is no victim and no damages, yet all the fine money goes to the police and court programs and/or pensions. (huge conflict of interest). They are committing multiple crimes under color of law (felonies & misdemeanors) just to prosecute an infraction. All done in the name of public of safety, and they\’re causing harm to the public everyday. What\’s more dangerous than that?

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