Archive for Cell Phone Ticket

Lets start with this. The Mother of all evils. This is the open door to all the dances we do here at Caticketbusters.com

This is the actual 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.

This Penal Code is listed on the bottom of your Notice To Appear, or your traffic ticket. It also ‘mirrors’ Vehicle Code 40513. They each have an (a) and (b) paragraph. The court only wants to use the (b) paragraph because they figure/believe/hold you to  if the ticket is signed by the Officer, then it must be a Verified Notice to Appear.

What the hell is a ‘Verified Notice to Appear’? We have not been able to find a single reference to it, or what it entails, or how it is quantified or qualified, or the time frame for submitting it, and submitting it to whom and in what procedure or format.

In the code, it says ”If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed.”

Because the traffic ticket or notice to appear is on a form approved by the Judicial Council, they feel that if the officer signed it, it is ‘verified’.

To me,  my thoughts on Verification means:

A “NOTICE TO APPEAR” IS NOT A VERIFIED COMPLAINT

The signing of a notice by the a forenamed officer under penalty of perjury that the offense occurred does not constitute a “verified Notice to Appear” to be used as a verified complaint.

Black’s Law Dictionary, (6th) edition, defines verify (verified):

“Verify. To confirm or substantiate by oath or affidavit. propecia for hair loss Particularly used of making formal oath to accounts, petitions, pleadings, and other papers. The word “verified,” when used in a statute, ordinarily imports a verify attested by the sanctity of an oath. It is frequently used interchangeably with “sworn”.”

California Code of Civil Procedure § 2009 states:

“An affidavit may be used to verify a pleading or a paper in a special proceeding, to prove the service of a summons, notice, or other paper in an action of special proceeding . . . . . . . . . and in any other case expressly permitted by statute.”

My next challenge is, in paragraph (b) is “an exact and legible duplicate copy of the notice when filed with the magistrate. . . . . .”

I have never seen an exact legible duplicate copy when I have been in court, and my challenge is this: did anybody (police officer or court officer) file the NTA with a Magistrate??? Bingo. We know from normal procedures  that there are several codes that must be followed for time line, time frame, who, what, when, where and why. PC 738, 739, 872(a), 950 & 1382 for starters. Also, remember, a Commissioner is NOT a Magistrate! And if the officer wrote anything on the ticket before he turned it in, we can have your case dismissed because he changed the document (it’s actually a misdemeanor against him!)

But here, no. The Police Officer signed the NTA, so it must be a Verified Notice To Appear. We challenge it and every aspect.

Now my challenges to items in the (a) paragraph.

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.

 What does that mean? That you would, by an agreement in writing, signed by yourself, and filed with the court, waive the filing of your verified complaint.  So, (1) did you agree to this in writing, (2) did you sign papers for same and (3) file them with the court, (4)  BEFORE you went to court?

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.

To your empowerment!

Ronald Cupp PhD

Comments (2)

The following article was taken from the MercuryNews.com and we want to insure that if you get a RED LIGHT TICKET you know how to fight and beat it.

By Gary Richards
grichards@mercurynews.com

Q I often have a problem getting stuck at red lights with my motorcycle, especially at left-turn-only lights. My motorcycle weighs approximately 437 pounds, but it is apparently not heavy enough to trigger many lights to change from red to green. What do you suggest I do? Run the red light when traffic clears the intersection and risk getting a ticket? Pull back into the through lanes and risk getting into an accident? Or should I wait until the cows jump over the moon?

Rob Collins

A The cow option wins. The answer to this is simple, said Bruce-the-Ex-Traffic-Cop: “Do not go through the red light. If anything should happen, the motorcycle rider is messed up for life. I would wait for the through green light, make a safe lane change and go through the intersection and then make some turns to get to where I’m going. Yes, some smart reader might respond that this, too, is illegal (you can’t really pull out of a left turn lane after you enter it), but the chances of getting into an accident by changing lanes is less than going through the red and completing the left turn. The only legal answer is to dismount and walk your motorcycle out of the intersection, but everyone, even Mrs. Roadshow, will boo that answer. Ask motorcycle riders what they do. Every rider has encountered this problem and I would like to see some of their answers.”

Other motorcycle cops say they wait for a larger vehicle to come up from behind to trip the light. And others say they seldom have this problem at intersections with overhead camera sensors. Wire loops in the streets often don’t trip because there is not enough metal mass in the motorcycle to trip the circuit.

The above scenario is the safest, and I always look to the legal section of the articles. What happens if there is an accident, who is at fault? I personally have had this happen to me when my motorcycle did not set off the red light sensor and I had to wait several light turns and still no red light change for me to get the heck out of there. I normally make the illegal left turn thru the red light to move on (when safe of course).

Q I have a new economical Smart car that weighs less than 1,800 pounds and a lot of it is not steel. I have found that it does not trigger the traffic signals a lot of the time and on lightly traveled streets and at odd hours, I find myself sitting through several changes of the light, with me at a red. Eventually, I proceed through the light when there is no traffic or any possibility of me causing an accident. At what buy online propecia point may I legally proceed through the red light (carefully, of course)?

Frank King Morgan Hill

A You can’t. Other Smart car owners report the same problem. Call the city where this occurs, and see if the problem gets fixed.

See, it’s not just the motorcycles that have problems with the red light sensors or from people getting red light tickets for moving violations. It’s amazing that cars don’t always set off the sensors with the weight and metal mass, but if you turn left you will get a red light ticket and if you pull out to the lane on the right to go straight, you still violate the law and will get a red light ticket. Both are red light ticket moving violations that will add points to your driving record, incur large fines, and your insurance will go up. If you want to learn to fight and beat your red light ticket, go to www.fightandbeatredlightticket.com.

Q What is the best way to remove old registration stickers from my license plates? I have tried peeling, scraping, hitting, scratching — but ended up removing fluorescent paint all around it. How have you done it on your good old van?

John Kurian Milpitas

A I’m a bad boy. I just slapped the new stickers on top of the old ones, which is what everyone says not to do, as they can easily be peeled off and stolen. I bet readers have some good ideas.

I’ve had stickers removed from my license plate and got pulled over several times. Had to go to DMV for replacement stickers, too way too much time and money, time off work, etc. I’m just glad I did not get a fix it ticket or registration violation ticket before I got it fixed. If you want to learn to fight and beat your fix it ticket, go to www.caticketbusters.com

I constantly read Gary’s articles in his blog as he is always straight forward and normally on the spot with his data and opinions!.

Ronald Cupp PhD

Your Advocate

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Maybe you ran that red light. Maybe you didn’t. Maybe there was a sign back there when you made your U-turn. Or maybe there was a stop sign that you accidently

"Do you know why I pulled you over?"

drove right through. No matter what happened, you have a cop car behind you with its lights on, and the first thing you think of is, “how much is this going to cost me?”   Next thought should be,  “Can I fight and beat  this traffic ticket?”

propecia buy online class=”MsoNormal”>Everyone makes mistakes, and if you learn how to graciously accept a traffic ticket in the state of California, you can help increase your chances of fighting–and beating–the traffic ticket outside, or inside, of court. But when you’re getting pulled over, there are a few things to consider and do in order to remain calm and decrease the level of stress of the situation. Getting a traffic ticket in California might be stressful, let alone embarrassing, but by staying calm and being respectful of the police officer, you can help defuse the situation, create a calming conversation with the officer, and can help you stay focused on the incident in order to recall it later.

First, when the officer asks you why you are being pulled over, it is proper to answer politely that you do not know. You don’t want to admit any guilt over the situation, and you want be polite, calm and rational with the officer at all times during the interaction.

When the officer hands you your traffic ticket, don’t just set it on your passenger seat and drive off on your merry little way. Instead, make sure to take a moment to look it over. Make sure that the information on the traffic ticket is accurate. If there is a mistake, it’s a good idea to ask–politely–for the officer to make the proper corrections. By making these changes now, it can only help you later on down the road in court, not hurt you.

Look closely at your ticket

When you get home, it’s important to read the information in detail on the traffic ticket, research online any terms that you do not understand or find more information about the offense you were charged for, and get all your information together in one spot so it is easy to find when you start pursuing the traffic ticket in court.

If you are prepared with your information before, during, and after the incident and receipt of the traffic ticket, you will find that fighting and beating the traffic ticket will be easier and in some cases, a lot less stressful than you initially think it may be.

Ronald Cupp PhD

Your Advocate

Categories : Traffic Ticket Info
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It happens to the best of us. We’re driving our car with a friend in the passenger seat who is talking to another friend on their cell phone that has to talk to you quickly about something. You take the cell phone, start having a conversation, and before you know it, you’re being pulled over for using a handheld cell phone. Oops.

Talking on your cell while driving is a no no

Don’t worry. Even though the state of California has had a ban on using a handheld cell phone while driving since the middle of 2008, you may still have some options when it comes to fighting and beating a cell phone ticket in California courts.

But first, it’s important to understand the laws California has in place regarding cell phone usage while driving. There are, in fact, a few exceptions to the law, but these are only for when the phone is being used for certain circumstances, such as if you are making an emergency phone call, using an emergency vehicle, or are operating a vehicle on private property. It is highly encouraged that if you need to talk on the phone while driving, you use a push-to-talk device or a push-to-talk feature that may be on your cell phone. Another way to have a conversation while driving is by using a hands-free cell phone device, using Bluetooth technology for a wireless experience, or just waiting until you have a chance to pull over or stop.

A cell phone ticket in the state of California carries a hefty price tag. The typical fine for a first offense cell phone use in the state of California will run you around $80. A second offense can cost almost $200. Either way, whether it’s a first offense or a second offense, the violation WILL be reported on your finasteride propecia driving record. This can affect your insurance rates, and can cause a suspension of your driver’s license if you receive too many “points” on your driving record in the state of California. So although the cell phone ban may seem a little silly to you, it won’t be so funny when you can no longer drive your car or your insurance rates skyrocket due to your violations.

There are numerous states other than California that support the handheld cell phone ban. Connecticut, New Jersey, New York, Oregon and Washington are all supporters of the cell phone ban, and in any of these states, you can be pulled over for using your cell phone and ticketed. Some states, like Utah, will pull you over if you are using a cell phone AND committing another form of a moving violation, but cannot pull you over just for cell phone use. Many states do not have handheld cell phone laws that can result in a ticket from a police officer, but it is typically a good idea to stay off the road while talking on your cell phone, regardless of the state in which you reside.

By knowing the handheld cell phone laws in effect in California, you can better understand how to avoid a cell phone ticket, and if you do receive one, the grounds in which you can have it dismissed. Fight and beat your cell phone ticket.

Ronald Cupp PhD

Your Advocate

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