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This is short and sweet.  The Penal Codes play a huge part in getting your Californina Traffic Ticket dismissed.  The following Penal Codes are about a Magistrate.  Who has the power to judge you? I included just two Penal Codes, they are short and below: I am italic and underlining what is important.

807.  A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense.

808.  The following persons are magistrates:

   (a) The judges of the Supreme Court.

   (b) The judges of the courts of appeal.

   (c) The judges of the superior courts.

The big distinction is that a Magistrate can arrest you (of course he does not-he issues a warrant to have the Peace Officer(s) arrest you) for a Public Offense (don’t know what a private offense is?)

Then it lists who are Magistrates. Notice you do not see Commissioners listed. 99% of us appear before a commissioner when we are in Misdemeanor or Traffic court. I have seen several types of ‘name’ tags (little name plates on the judges bench or plaques to show their designation). I have seen several things like ‘Judicial Officer’, but then have seen them sign as ‘Commissioner’.

So, why does this matter? Keep browsing my blog or videos. Everything in the code states that a Magistrate must do or conduct something like a ‘preliminary examination’ or indorse a commitment against you. Even a Commissioner can not correct something done incorrectly or out of sequence, and you can call them on their judicial status.

Again, I personally have used this on several California stop sign 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 cheapest propecia online the video below, so you can hear the reading of the code itself.

Ronald Cupp PhD

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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

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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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California is a state where relaxation and easy-going routines are essential. Surfing and shopping and enjoying the weather are typical everyday activities, and people love the hustle and bustle of a busy city. But unfortunately, California is also known for its high speeding tickets, growing automobile insurance rates, and for some

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Gotcha

annoying penalties to boot. Speeding tickets in the state of California can vary, but fines can typically exceed $400 for speeding well over the posted speed limit.

However, even if you were technically at fault for speeding when a cop pulls you over, you do have some options to protect yourself during the moment AND before and during any possible court proceedings. No matter what, never admit guilt. This can, and more than likely WILL, be used against you by the police officer if the matter of the speeding ticket ever continues into the courtroom. By admitting guilt, it’s like shooting yourself in the foot–so the best way to accept a speeding ticket is cautiously and with good manners and etiquette–this means pulling the “Yes, Sir, no Sir,” technique with your police officer.

When the police officer pulls you over and present themselves in front of your driver’s side door, roll down the window and play it safe on the side of acting naive. When the officer asks you, “do you know why I pulled you over,” let them know that you don’t. A simple “No, Sir, I am not aware.” By being polite to the officer, this may help you down the road in court when you are protesting your speeding ticket. Getting upset and angry with the police officer will only make the officer angry and more than likely he’ll remember you when your day in court arrives.

If you don’t pay your speeding ticket, you do have the right to protest the speeding ticket within the California courts. Speeding tickets can be contested if you can provide evidence and information that puts you as the non-guilty party, and you will definitely have an edge if the police officer doesn’t show or fails to provide very much evidence to accuse you of the charges documented. If you are found guilty, you may have to attend traffic school, which is entirely a judge’s decision.

Don't get caught speeding

If you find yourself facing a hefty fine for a speeding ticket you obtained in the state of California, it’s a good job to make sure you have everything documented for the sake of any court proceedings that may ensue. No one enjoys the court system, but with a little well-documented data and some information from our website, you can fight your speeding ticket in the California court system without a lawyer or other form of representation. Knowledge is a powerful thing when it comes to fighting traffic tickets, so if you’re looking to duck out from under the penalties of speeding, now is the time to learn the tricks and techniques to help you fight and beat that California speeding ticket!

Ronald Cupp PhD

Your Advocate

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