Archive for Commute Lane Ticket

Penal Codes 738, 739, & 740 can help you get your California Traffic Ticket dismissed.  Read on to see how.

Here is the actual code(s) below, I have italic and underlined what is important to us.

738Before an information is filed there must be a preliminary examination of the case against the defendant and an order holding him to answer made under Section 872. The proceeding for a preliminary examination must be commenced by written complaint, as provided elsewhere in this code.

739.  When a defendant has been examined and committed, as provided in Section 872, it shall be the duty of the district attorney of the county in which the offense is triable to file in the superior court of that county within 15 days after the commitment, an information against the defendant which may charge the defendant with either the offense or offenses named in the order of commitment or any offense or offenses shown by the evidence taken before the magistrate to have been committed. The information shall be in the name of the people of the State of California and subscribed by the district attorney.

740.  Except as otherwise provided by law, all misdemeanors and infractions must be prosecuted by written complaint under oath subscribed by the complainant. Such complaint may be verified on information and belief.

(One site we pull our info from findlaw.com)

Back to our recipe, a couple of ingredients here. Remember ‘an information’ is another legal word for type of charge.

So under 738, it is saying that ‘BEFORE’ the charge is filed (filed means filing in court, getting a legal document (charging instrument) stamped, swearing under oath and penalty of perjury by someone (the peace officer?) and before someone who is legally authorized to accept the oath), that there was a PRELIMINARY EXAMINATION (that means there was a hearing or examination) and an ORDER HOLDING HIM TO ANSWER under Section 872 (see video and blog post on PC 872). It also says it must be commenced by WRITTEN COMPLAINT. (written complaint is NOT THE NOTICE TO APPEAR-unless you accept it as such-so don’t!).

So under 739, it is saying that the DISTRICT ATTORNEY must file your charge within 15 DAYS of your COMMITMENT (your arrest or when you got your ticket) and that the accusation against you will be in the NAME OF THE PEOPLE OF THE STATE OF CALIFORNIA. (Don’t forget, they have to have a preliminary examination BEFORE they can file your charge!)

So under 740, it is saying that ‘it’ must be PROSECUTED BY WRITTEN COMPLAINT, under oath by the COMPLAINANT (which should be the DA or the Peace Officer).

That’s a lot of words, but very important. Here we go again. The court wants to use the Notice To Appear (NTA) as the charging instrument because it was approved by the Judicial Council which will streamline the legal process (for their benefit) and if you accept it as such, you waive all the other rights we list in our recipe all of these, as there are several items that the court does to violate your rights and you can get your dismissal from all or any of these. Remember, even one violation means you can get your dismissal. Learn the ingredients, so you can cook with our recipe.

Ask yourself, then verify (don’t take anything for granted!)

  1. Was there a charge filed? Was it a written complaint? (see video and blog for PC 684 & 853.9)
  2. Before it was filed, was there a preliminary examination?
  3. Was it before a Magistrate, did he indorse it per PC 872 or 1382? (see videos and blogs for these).
  4. Was it filed by the DA? In the name of the People of the State of California?
  5. Was it filed within 15 days (remember filing is done after the examination) of your NTA?

If any of these are not here, or out of order, your rights have been violated and you ask for your dismissal.

Again, verify. I have had several courts, when confronted with this, supply a ‘verified complaint’, or it was filed by an assistant DA with the clerk  but in reality it was not indorsed by the Magistrate (remember a commissioner is not a Magistrate-see video and blog for PC 808), or not signed. I have seen filed and not signed ones also. Was it done out of sequence, was it done within 15 days of your NTA? Remember it is a procedural error on their part not to get it done right with the correct sequence, or you get dismissed. Some mistakes they cannot correct, like not following procedure within the 15 days, or filing before it was indorsed by Magistrate!

Again, I buy generic propecia personally have used this on several California red light camera tickets and traffic tickets, namely cell phone tickets, commuter lane tickets, red light tickets, speeding 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

Comments (0)

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)

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
Comments (0)

Click It or Ticket It Seat Belt Campaign

Whether you do it or not when you get into the car, studies have shown that wearing your seatbelt can increase your chances of surviving a car crash. Especially when it comes to children who need booster seats or car seats while the vehicle is in motion. But understanding the Click It or Ticket law in California, and understanding its importance, may just make you more aware of driving off with your seat belt on.  Wearing your seat belt will keep you from getting  a seat belt ticket.

In the state of California, you can receive a seat belt ticket strictly for not wearing one, or for not properly buckling in any children in the vehicle under the age of 16. The fines for not wearing a seat belt in the state of California will run you almost $90 for the first offense, and over $200 for the second. If you are pulled over and you have children under the age of 16 that are not properly secured with a safety belt, you will be fined almost $350 for the first offense and over $800 for your second. The state of California strictly encourages everyone in a moving vehicle to be wearing a seatbelt, not just to avoid receiving a seat belt ticket and fine, but for the safety for everyone on the road.

The Click It or Ticket campaign has proven to be an effective campaign used nationally to create a better awareness of seat belt use. The driver of the moving vehicle is responsible for the seat belt use of everyone in their car, so it is important to know that you could be fined for your passengers not wearing THEIR seat belts while the car is in motion. So it is very important that everyone is wearing their seat belt, or their failure to comply will be your responsibility when you receive a ticket for everyone in the car.

California’s Mandatory Seat Belt Law involves any passenger vehicle, truck tractor, motor truck or farm labor vehicle. The law, however, buy propecia online does not apply to motorcycles. There are specific rules for limo drivers and taxicabs in regards to the security of their passengers, and can be further investigated under California’s Mandatory Seat Belt Law, Section 27315.

Whether you like them or not, seat belts are there for your own personal safety. If you’re not a fan of wearing it, you may not only be facing a hefty fine from a police

Seat Belt

officer, but you can also lose your life due to failure to comply with California’s Seat Belt Law. If you have a child that needs to use a car seat or booster seat but you are unable to afford one (they can be pricey!), you can contact the California county health department to obtain an infant car seat or booster seat for your child if you fall within the low-income range. Even so, there is no excuse not to have your child–and yourself–secured with a seat belt while your car is moving. Buckling up is simply good common sense.  If not, you can fight and beat that seat belt ticket!

Ronald Cupp PhD

Your Advocate

Comments (3)

There are other times when you can utilize the commute lane without getting a ticket. Commute lanes, otherwise known as carpool lanes or HOV (High Occupancy buying online propecia Vehicles) lanes, are lanes designated on freeways specifically for certain vehicle specifications. When can you drive in a commute lane? Commute lanes vary depending on the county, but as a general rule of the road, you can drive in the carpool lane if you have two or more people in your vehicle. If you are driving a bus or are on a motorcycle, you may also use the special freeway lane.  If you have a low-emission vehicle, one that is better for the environment to drive, you can receive a sticker from the Department of Motor Vehicles that designates your car as such. You can drive your car in the commute lane if your car boasts this special DMV-issued sticker.Some commute lanes also have posted times in which they can or cannot be used. Be sure to pay attention to signs on the road stating such specifications in order to avoid getting a commute lane ticket on your California driving record!

Also, commute lanes also designate certain areas where you can enter and exit the lane. Be sure to not cross over any double parallel solid lines in order to get on or off the carpool lane–there will be specific areas marked as areas safe to exit and enter. By not following the rules of the road when it comes to commute lanes, you may risk getting a commute lane ticket from the California police.

If you end up being faced with a commute lane ticket due to not following the posted rules provided regarding the carpool lane, there are a few things to remember. When you are pulled over, quickly make note of the conditions around you. Was there an unforeseen circumstance that caused you to make an error while using the commute lane? Was weather affecting your driving? Or perhaps you crossed into the commute lane due to the reckless driving of another driver on the road, and you were just driving defensively. Make sure you take note of any situations that may have been the reason for you not abiding the rules of the road.

Be sure to be polite and respectful to the police officer that pulls you over. Never admit guilt or fault, and let the police officer do his job without being too disruptive or making excuses for the incident. Also, ensure that the ticket you receive is error-free. If there is an error on your commute ticket, be sure to kindly point it out to the police officer for correction–such an error can cause some problems if you ever end up going to court to contest the commute ticket.

Once the police officer has left the scene, write down the conditions around you that you made a mental note of in order to solidify them for contesting your commute lane ticket down the road. Keep all the information regarding your ticket together in one spot, so you can easily access the information and utilize it in the best way possible to help you fight and BEAT your commute lane ticket in the state of California!

Ronald Cupp PhD

Your Advocate


Related Posts with Thumbnails
Online Traffic School, Defensive Driving, Traffic Safety, and Driver Improvement