Archive for fight stop sign ticket

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

Comments (1)

What I am describing  below, I have taught several students on how to beat California speeding and traffic tickets. The ticket does not matter; we only use the court rules against the court. It works on all cell phone tickets, commuter lane tickets, buy ultram online red light tickets, red light camera tickets and seat belt tickets, and in my case this time the dreaded California Stop Sign Tickets!

I appeared in court today, which was my forth, last & final court appearance for my California stop sign ticket. Whoa, what a ride, and what sweet victory with my dismissal. I had to earn it though, as even when the Commissioner said she would dismiss my case in the I.O.J. (that stands for interest of justice!!!), I got the pleasure to hear her variation and understanding that I was wrong in my understanding of the codes, the Magistrates required signature, blah, blah, blah.

I had the stupid grin on my face as she kept trotting along with her explanation. I kept thinking that I was not sure if it was for the audience’s benefit behind me, or trying to convince herself. Out of 5:46 minutes video below, about 1:43 was challenge/banter and the balance was correcting me and the audience behind me on how I was wrong. But I would happily take it.

But I learned a long time ago to take a victory any way I can and keep my mouth shut. Remember I had filed several motions; one to have the session recorded either audio or steno, so it would be on the record for the appeal. I did not care about this but wanted to keep the recording for my records and to assist my students. I carry a digital recorder to keep the session for my notes so I can transcribe, it is allowed by California rules of court, 1.150d (personal recording devices) but is supposed to have the judge’s approval prior to recording. I have seen the Bailiff’s power trip and take peoples phones and recorders away from them before or during the court. What are they afraid of, that we will have a record of what was said and done?

Another motion besides the demur was a discovery request for the DA, which meant he/they would have to spend a lot of time answering the motions on this stupid damn infraction case (in their mentality). In mine or our mentality it is a violation of our rights to freedom and due process rights, and although the police are needed and have a function, it ticks me off when it is used for chicken s**t stuff like this when they are just trying to extract a fine from us. If they are going to get a fine from me, it is going to cost them time and money. Hopefully more than mine.

It also leaves a bad taste in our mouths when they (the police and justice system) get a portion of the monies for the fines, and their jobs and paychecks are dependent on the outcome of the cases. In all cases you see the commissioner becoming a type of prosecutor instead of adjudicating the cases, even if it is an administrative type hearing case. Listen to my audio’s of my California Stop Sign Ticket. They will hold us to the letter of the law, but stretch or bend the rules for themselves or the police or DA. Still not fair.

And now what else bothers me is police should spend their time doing public safety and serve, stop a burglar, murder, robbery. Something to serve or help the public and not a power trip. I don’t want to hear anymore they raised any California Speeding or Traffic tickets to help with the budget shortfall.

I wouldn’t be so persnickety if I had not been broken down a few times and seen police cars pass me up-and even look at me as they drive by, same goes when I have seen women with kids on side of road and police have passed them up (is it because they were getting off duty or is it not their job anymore). Try calling a policeman when you are in a fender bender and you want an accident report. I have been told they do not do that anymore. But low and behold, you will see them all over the California Traffic Ticket scene hiding on the side of the road pointing their radar or laser at cars coming by.

Enough of this crying, it is why I decided to learn how to stand up for my rights!

What was the cost, in time and money. Going to get 2 time extensions, 10 minutes each. Appearing to get into line (when I did not get into traffic ticket court) 20 minutes remember first time I did not make the cut). First traffic ticket court day, April 27th, includes waiting time to get on docket or calendar, 40 minutes, then (7:20 to 8am), then court did not start until 8:30 so another 30 minutes. About 1 hr 10 minutes for first court appearance when I asked for the verified complaint. Then three trips on return court (May 17, June 7th & 15th), just show up at 8:30 and normally gone by 8:45 or 15 minutes for a total of 45 minutes.. Add 2 hrs of driving to and from the court and parking.

I am now into this in time 5 hours & 45 minutes. My ticket was for $394 with California approved traffic ticket school, so add $58 court fee for California traffic ticket school, and about 4 hours for the traffic ticket school (will deduct off the time for court).

I now have 1:45 in time and savings of $452 (not counting the cost of the traffic ticket school), or an EARNINGS TO ME OF $258 per hour. Plus there is no point on my record and no insurance increase.

I have included the video below, so you can hear the banter between the commissioner and myself and that I had to refresh her mind on all of the steps and occurrence events by date.

Again, I personally have used this on several California speeding tickets and California traffic tickets, namely cell phone tickets, commuter lane tickets, red light tickets, red light camera tickets and seat belt tickets. It also works for other California misdemeanors and infractions, almost any administrative type hearing or public infraction.

Ronald Cupp PhD

Forgot on my last post, several students commented on the Commissioner’s comments and understanding of the illustrious and Illusive ‘Verified Complaint’ on my current traffic ticket, namely the California stop sign ticket. 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. It also works for other California misdemeanors and infractions, almost any administrative type hearing.

I have included the audio below, so you can get the feel for the understanding, or shall I say, lack of understanding, of even the courts (or commissioners) position or legal understanding of the penal code, rules of the court, and our the ‘verified complaint’.

In this instance (and several others in Sonoma County who have reported similar stories like this), the Commissioner states, and in her helping tone and explanation, tries to coax me not to use my legal and justified rights to a request for a verified complaint.  Also to waive time and plead not guilty for me!

First, so you can see our position, the code states (which code?? Well several of them-853.9  sub-paragraph (b), of the penal code which by the way, is printed on the infamous NTA or notice to appear-your ticket-in fine print on the bottom of your ticket, that the court wants you to accept as the ‘complaint’ to which you MAY plead because it is approved by the Judicial Counsel,  California Motor Vehicle Code 40513 (a) & (b) (note the MAY plea verse, doesn’t mean you have to plea with the NTA).

The actual code states this:

Penal 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.

Vehicle Code 40513. (a) Whenever written notice to appear has been prepared, delivered, and filed with the court, 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 that shall conform finasteride 1mg to Chapter 2 (commencing with Section 948) of Title 5 of Part 2 of the Penal Code, 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 subdivision (a), 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. In the case of an infraction violation in which the defendant is a minor, the defendant may enter a plea at the arraignment upon a written notice to appear. Notwithstanding any other provision of law, in the case of an infraction violation, no consent of the minor is required prior to conducting the hearing upon a written notice to appear.

In both of these instances, it states that the Defendant (you or infraction violator) MAY plead ‘guilty or nolo-contendere, if you WANT TO ACCEPT THE NTA as your complaint; and also ‘the defendant may, at the time of arraignment, request that a verified complaint be filed. There ya go BABY, in black and white.

So now let’s hear the song and dance the Commissioner tells us, after she’s done all the legal research (and she’s sick of it), and that I should have filed the motion for request for a verified complaint beforehand (even thou it says ‘at the time of arraignment in the code) but she will take my ‘oral’ motion over the bench, then on to the night fable tale (like mom use to tell when we went to sleep) about the “officer used to sign his name on the ticket and the people could not read his signature, then because it was printed and not signed it did not constitute a valid verified complaint, blah blah blah (my head is beginning to spin with all the story jargon and not down to the right that I get to request a ‘verified complaint at my arraignment’. So as you listen to the audio, also catch the attempt to get me to waive time (we never do). Also about the ‘not guilty’ plea they wanted to enter on my behalf (for another long discussion and California traffic ticket blog post)!

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. It also works for other California misdemeanors and infractions, almost any administrative type hearing or public infraction. I will pick up with my next court appearance and let you know what happened!

Ronald Cupp PhD

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