Archive for California Penal Codes

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

As I said in previous writings and testimonials, we went on for a long time feeling like we were the underground and that we should not expose ourselves. But our contacts and friend base kept growing bigger and bigger.  We continued to help people fight their California Traffic Tickets.

You know when they write 100,000 tickets per day, it’s not hard to know somebody who knows somebody who got a ticket and needs help. We would welcome them and show them what we got and what we do.

When we first started off, it was only for traffic and speeding tickets, and the like. But we soon found out it works for everything that a ticket does. Your due process rights and the legal system are the same for all of them.

We have had them for Animal Control (a person had 6 dogs and was only allowed 4, in the County limits-who knew?), we have had them for Fish and Game (a person got written up for the Officer being able to slip in a 4th shotgun shell when you are only allowed 3-but the gun was factory plugged and legal-no modifications-so that’s not right). I had a construction employee who was busted for ‘cock fighting’, and got off (you don’t have to approve what each person’s crime or infraction is, but to know is works for negotiating with the Officers or Agency’s or the Courts).

Below you will find two cases,

one for an adult (35 years old) who was given a ticket for skateboarding in a public park, but did not have all of the required safety gear on. Wait a minute, I thought the law was only for 16 year olds and younger! Well actually it is but it did not stop the officer from writing him a ticket.

Meet Damon, the safety equipment violator! PUBLIC ENEMY #1

The second one was for a drunk in public. He is of legal age, went out for his birthday, had dinner and drinks, and was not feeling good. He went outside and sat down as he was nauseated, and went to sleep in the parking lot. Not a public nuisance or causing trouble. He woke up with cops having him pinned down, knees in his back and neck, and was written a ticket for Public Intoxication/Drunk in Public and the ‘piece de resistance’, resisting arrest. Remember he woke up with the Officers holding him down and hooking him up. He was not awakened and then talked to before they hooked him up. And he was not bothering anybody, and he easily could have been taken home by one of his friends he was out with. But no, arrested for drunk in public and resisting arrest.

Meet Josh, the arresting resistor and public intoxicator! PUBLIC ENEMY #2

purchase tramadol online name=”salign” value=”lt” />

As you can see, they both got off.  They used www.caticketbusters.com  and used the legal system against itself and stood up for their rights. We have to decide when to and when not to. Most of us decide it’s not worth it and I’ll pay the fine, then it’s on your record and your insurance goes up, etc. Most wish they had not when they had to do it over again. Remember, once you learn this, you can use it for anything, not just speeding or traffic tickets. You want to know what empowerment is? Knowing your rights and how to use them (without having to get angry, emotional, or out of control) with the security that you will not be taken advantage of by an unjust money collecting system.

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

Comments (0)

Meet Elias from Cotati. He is my friend and mentor. He was my inspiration to take this road, to develop and distribute this How to fight and Beat any Traffic Ticket in Ca. He has personally beaten 14 traffic tickets himself. He had a nursery business and was a contractor. His valid point to me was that he always drove 60,000+ miles a year so it was a higher probability of him getting a traffic ticket than the normal Joe.

On one of his tickets, while working with Color Spot (a very large flower company that supplies wholesale nursery’s and home improvement chains) as the northern California rep, he was walking in the nursery with the nursery manager going over the order.

Behind them came 3 cops, one is a motorcycle officer. And Elias mentioned to his client that the cop with the raised boots was setting the trend. He meant nothing bad about it. The other two cops began to give the motorcycle officer a razzing about it. He gave Elias a stare. That was that.

Of course the next day Elias was pulled over by the same Officer and issued a traffic ticket. He did his normal argument that it was because of his razzing by his fellow officers. He did not win and proceeded on after the ticket.

The next day, Elias was on his motorcycle and was pulled over again by the same Officer and was told he was speeding and he had it on radar. Elias demanded to see the radar screen and the Officer said he had cleared it, did not have to show it, and it did not matter and that he was given a speeding ticket. Now Elias was defending himself and arguing with the Traffic Officer about the radar speeding ticket. There was lots of back and forth but Elias was mad and wanted to defend himself, and he in turn really was ticking off the Officer. Elias flat out told him that he was not going to stand for the speeding ticket and he was going to beat the speeding ticket in court. Of course the Officer was more defensive because this guy was questioning his authority and was telling him he was going to beat the speeding ticket in court and the cop said he would not let this happen.

Remember Elias was my mentor, so what he learned he taught me, and it is still a work in process. But the point is, we were only a tight group of friends and acquaintances who helped and informed each other. I was brought in towards the end. So he was using the development of the legal challenges before we developed www.caticketbusters.com.

Long story short (can’t be though) Elias went to court and used the secrets of www.caticketbusters.com to use legal system against the court and bring it to a halt. He stymied the Commissioner by asking for his just rights in our legal system and demanding due process. He asked for a verified complaint against the speeding ticket. He asked for additional time to plea and objected to the notice to appear. Since he had not plead he was not under contract with the court and the court had no subject matter jurisdiction over him. The Commissioner (as they usually do) put in a court entered plea of NG (not guilty-so they can have jurisdiction over you) and scheduled him to come back for trial. He showed up a month later on speeding ticket trial day, and the Officer was there, smiling smugly. When he was called, the Commissioner asked the Officer  what had happened, the Officer told his story (with his slant obviously). When he was done, the Commissioner turned to Elias and asked for his side of the story. Elias calmly told the Commissioner that ‘actually, I’m not here to argue the ticket. I’m here to remove the court entered plea against my speeding ticket, and am requesting dismissal as I have not been served a verified complaint’. The Commissioner then told the court the case would be dismissed. The Officer was fuming and demanded that he had Elias fair and square and that he did not know what a verified complaint was but that he would sign the Verified Complaint now anyway. The Commissioner then told the Officer, I’m sorry you can’t. It’s a legal jam and he is using a technicality against the court and it would have to be dismissed. The Officer and the Commissioner were now going back and forth and Elias was just sitting there calmly and smiling but being respectful, not getting caught up in the ruckus. Elias, to this day, is mad with himself because he should have fired back at the Commissioner that this ‘technicality’ is his due process rights. Does the Commissioner think his rights are a technicality?!

Long story short (again!), Elias got his free walking papers and just smiled as he walked past the Officer who gave him the speeding ticket.

Here is Elias testimonial(s) below

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 azithromycin without prescription 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 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!

Ronald Cupp PHD

Comments (1)
Oct
01

Ca Ticket Busters Testimonials

Posted by: Ronald Cupp PHD | Comments (0)

What was I thinking? We have been helping people and evolving for a long time, and it was mostly referrals and word of mouth. A friend of a friend would get a California Traffic Ticket and heard that we ‘got their friend off’ so they would ask for our help. We would just keep on trucking on.

Our evolution was and is on the same path. Change is the only constant. So as we learned how to beat any traffic, speeding, cell phone, commuter lane, stop sign, red light or red light camera and seat belt tickets, we were off to the races.

It’s not, and never was, about getting away with something. It is about being abused by Big Brother or Government because the masses who are not in the trenches everyday don’t think it is important enough to argue. But when it hits them, then they want to stand up for their rights.

And this is how it happens. Our exposure is so limited that we don’t keep up on it. Like me I went 10 years without a ticket, then wham! I was hit square in the face merck propecia with a couple, and two I thought were unjust.

All this is just to let you know that when we fight the tickets, we don’t try and argue the ticket. You always lose then (not always, just 99.999%) because it’s your word against the officers. We use the legal system against itself! I am in the advanced stages of this learning and I go to appeals court to watch and learn on the upper arena.

I just saw a case that a man appealed his cell phone ticket. The policeman was over 100 yards away when he saw this man talking on his cell phone. The man had an earphone and was talking on his cell phone hands free. He also had a passenger with him who testified to the same effect. Case lost in lower court, cops word against his. Had to get the $142 for the state coffers.

Where’s the justice? Don’t know how his appeal came out since the judge (supposed to be 3 but there were 1 and he conceded) took it under submission and would render his decision in writing within two weeks. He (the judge) did say he could NOT hear any new or changed testimony since it was not his position to retry the case, just to observe that the lower court did not make any errors.

There I go again, getting off track. You can see how my and our passion works!

Anyway, this is about testimonials! So we would get phone messages that they beat their charges. We would get emails telling us what happened and that they had won. We started asking locals to come in and do a short testimonial of what happened and how our system worked. Remember we are only teaching you how to stand up for your rights, using your legal rights against the court. It was overwhelming the response.

We always felt like the underground, not wanting to be on the forefront or up in public. Kind of still do. We don’t practice law, we just keep reading and learning and passing on what we would do. It kind of became a co-operative with our ever expanding group contributing and adding what has worked everywhere. We now feel pretty secure with knowledge of your legal system and how to just do the minimum amount to get your case dismissed.

Don’t get me wrong, it’s not easy, but it’s not hard either. But what it is; is very enlightening and empowering to your self confidence and being. So check out what these people say about it!

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 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!

Ronald Cupp PHD

Comments (0)

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

Related Posts with Thumbnails
Categories : Legal, Penal Code
Comments (6)
Online Traffic School, Defensive Driving, Traffic Safety, and Driver Improvement