Jun
29

Penal Code 815a How to use it to Beat your California Speeding and other Traffic Tickets!!

By Ronald Cupp PHD

Actual Penal Code 815(a) states

815aAt the time of issuing a warrant of arrest, the magistrate shall fix the amount of bail which in his judgment in accordance with the provisions of section 1275 will be reasonable and sufficient for the appearance of the defendant following his arrest, if the offense is bailable, and said magistrate shall endorse upon said warrant a statement signed by him, with the name of his office, dated at the county, city or town where it is made to the following effect “The defendant is to be admitted to bail in the sum of ____ dollars” (stating the amount).

So, from the basics, on your California traffic ticket, called a Notice to Appear or NTA, there are some references. On the very bottom it has some small and half dark writing and numbers. One, the most important one, is 853.9, which the court or Commissioners state is their compliance with a proper charging instrument or complaint. Why? Because they say so!

It was approved by the Judicial Council of California (which made it standard for compliance for all agencies to have and use the same rules, laws, and forms). Long story short, it was for their convience, not ours.

If you accept the Notice to Appear and your charging complaint, then it is. Penal Code 853.9 states that it must also conform to Penal Code 853.6, and in Penal Code 853.6 it states it must also conform to Penal Code 815a. Hence, here we are. (really we like Penal Code 872-you will have to read that blog post!! As they correlate together).

What normally follows is the Police Officer writes a traffic ticket or Notice to Appear, has you sign and gives you a copy. You then show up at court. The Commissioner reads you your charges and asks you ‘how do you plead?’ If you follow their rules in this, because it was formed by the California Judicial Council, then you accept this as the charging instrument.

The critical part of this code, like my 872 that goes hand in hand is this portion of the statue:

‘and said magistrate shall endorse upon said warrant a

statement signed by him, with the name of his office, dated at the

county, city or town where it is made to the following effect “The

defendant is to be admitted to bail in the sum of ____ dollars”’

Bingo! What this is saying is that the ‘Magistrate shall endorse upon said warrant a statement signed by him . . . . .’ and if you look on the court’s copy of the ticket, it is never there. No endorsement nor Magistrates signature.

How can that be? Where did it go? Did they do it? I personally believe that as they streamlined the courts they just began skirting the issue or making it easier for them, and in essence, shortcut or violated some of your (or I guess ours) due process rights. As I said above, I like Penal Code 872 better, but following the linking of the statues together, it falls on 815a.

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.

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To your empowerment!

Ronald Cupp Phd

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Comments

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