Archive for red light camera

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)

traffic schoolSo you’ve gotten a traffic ticket or any other ticket.

You’re probably thinking you can either go to court and contest it, pay the hundreds of dollars so you don’t have to deal with it, and that either way you’ll end up spending more money and time in traffic school. There are a large number of traffic schools, some in person, some have comedy, some serve pizza, and many offer traffic school online. But, after paying the ticket, the fees, and the traffic school, who wants to waste time going to traffic school? It’s like sitting in detention after everyone else gets to go play all weekend.

What if there way another way to beat your traffic ticket that was simple, worked every time, and got you out of paying the fine AND no traffic school?

There are a large number and wide variety of people, agencies, lawyers, forums and blogs, as well as ebooks all claiming to teach you how to beat a speeding ticket by creating and fabricating ‘evidence’. Many hours, visiting the ’scene’, taking pictures, documenting and building a case that you were in the right and the officer was wrong for writing you a ticket. If it was a speeding ticket they tell you how to research the latest arguments why the radar gun doesn’t work, how to challenge the officer’s use of it, it’s calibration, placement, readings, etc.

Does that sound like fun?

You’ll learn more about meaningless details and nothing of substance propecia prescription which may or may not have you paying your traffic ticket plus traffic school. What if there was yet ANOTHER way? What if there was a magic letter and magic words to tell the judge that would have him dismiss your ticket without having to pay any fines or traffic school? What if it worked EVERY TIME?

I know what you are thinking, I was thinking the same thing when I first heard about it. “No way!” And then I tried it. I learned more in 5 minutes about what a plea is, why they want you to plea, how entering a plea in court is admitting guilt, and how NOT to plea. Can you imagine? It’s their first question: “Ms./Mr. Jones, How Do You Plea?” They tell you that you can choose from one of three pleas: Guilty, Not Guilty, or No Contest/Nolo Contendre (just to further confuse you with legalese latin). Guilty actually means you are admitting the ticket is correct, and that you accept any sanctions/penalties and fines that go along with it, basically whatever they want to do to you, you are bending over and taking it. No Contest or Nolo Contendre means that you would like to know what else they can pile on top of your admitting guilt.

Okay, boring, right? You knew all that and you know what a plea of Not Guilty means too. Well read on! Not Guilty: now this is where it gets interesting. You would think that Not Guilty means that you are not admitting you are guilty to what they are accusing you of on the ticket the officer wrote (or meter maid or red light camera). Not So! When you enter a plea of Not Guilty, you are actually admitting to being at the scene, that you were a party to the action of being pulled over/parked/or involved in some other moving violation. When the judge asks you, “How Do You Plea?” he is actually asking you if you’d like to contract with the court for the service they rendered in pulling you over in exchange for the fees they are requesting.

Did you get that?? Read it again! They are asking you if you’d like to sign a contract to pay them! I couldn’t believe when I first heard it either.

If you’d like to pay them for the privilege of getting pulled over, enter any plea you’d like, they’re all the same! They all admit guilt, they all bind you to a forced contract you are not interested in participating in! You were forced under duress to sign their contract, with the threat of taking you to jail while they stand there with a hand gun, mace, handcuffs, and baton if you didn’t sign. So you signed. So what now? What about that magic letter that could legally erase my ticket in front of the judge’s eyes?

Well my friend, you’ve found THE ONLY place on the web where it’s possible: The Easy Way To Dismiss ANY Traffic Ticket! Go to Get Your Free Report Today! www.BustYourTickets.com

Damon Derringer

Damon is a contributing author, fellow learner of our rights, a client, protester of injustice and legal rights promoter. You can find him on facebook Damon Derringer.

Ronald Cupp PhD

Your Advocate

Categories : Traffic School
Comments (1)

For the last year, I have run up against several people whom have taken some of the information we have been teaching, and using it ‘half heartedly’ to attempt to protect their rights. How far is ENOUGH to Fight & Beat your Traffic Ticket?

Lately we have had several people who have notified me that they were going to take ‘the deal’ the Commissioner or System ‘offered’ them, because they thought they were getting the ‘better deal’. Understand there is no right or wrong in this matter, it is whatever works for you in this instance at this time and place you are at.

Example: Nichole from Santa Rosa got her time extentions (2 each-over phone and internet-so she did not have to go to the courthouse) for a commute lane ticket, then went to propecia hair court when it was her time. She was unsure, and I took probably 8 calls to reassure her of what was going to happen, what they would probably say, and what her responses should be. But she did not really watch the videos or go online and read all the documentation I have on the website. She would call and ask me questions that were easily answered on the membership site, so I know she did not put in the time. No one can defend you but yourself. Its an understanding and stick up for yourself thing!

She had her first appearance, requested the Verified Complaint and more time to plea, and was given 3 days (She went on Monday and was told to come back on Thursday), which was not enough time for her. (She was DENIED a Verified Complaint in writing-cuz the Notice To Appear-in the Commissioners eyes was a valid Verified Complaint), she had a sure win and dismissal!

She should have held her ground and got the 30 days to be able to ‘talk to an attorney’ or for ‘discovery’. I coached her some more, filled out her peremptory challenge (170.6 to change Commissioners), and sent her back into the Lion’s den. When she appeared the 2nd time (Thursday), the Commissioner told her she would have to go down the hall and see the ‘other’ Commissioner and appear NOW. When she appeared before the 2nd Commissioner, she was ‘offered’ a deal and took it because she did not want to go back to appear a 3rd time. She thought taking off work a 3rd time was not worth it. (She was NOT eligible for traffic school) The new Commissioner ‘offered’ her traffic school (since it would not appear on her record) and she took it. So now what? She had to pay the cost of the ticket ($499) and the traffic school ($89), and wasted the time she already took off, still has to perform the traffic school, and now cannot take traffic school again for 18 months.

So let’s go over the numbers. A normal cycle of appearance goes something like this. Minimum 2 times and sometimes up to 4 times depending on what they throw at you and what you are charged with.
1. Get your extentions, either in person (phone or internet best way).
2. Get your first appearance (open traffic court),
3. 2nd appearance, normally a dismissal, if not, get your extension and file your papers that we show you how.
4. The two appearances take approx 2 hours each, 3rd time could be 6 hours total. That’s $588 cost savings for 4 hours time ($147 per hour) plus she still had to do the traffic school time! Don’t ever forget, Time is Money also!

Was it worth it? Yes, it was to her. And ultimately it is always YOUR decision. You need to figure how far you want to go to fight and beat your traffic ticket, and if you decide not to go all the way, then so be it. Be OK with it. Lot’s of people start and then decide it is not worth going all the way, especially when the ‘court’ offers you ‘the deal’. Understand this though, they would not offer you the deal if they HAD you!

I also had a drunk in public case, and the person did a couple of appearances, was up against 60 court appointed AA classes (which had to be paid for also), loss of license, the cost of the ticket $150, etc. He had them, but decided to take a $50 fine and probation instead of another appearance. To him it was worth it.

FYI-this is how it works…..He is now dealing with a charge of battery (fighting in public-he was defending someone’s honor in a bar/restaurant and a fight ensued. Charges and counter charges were filed. The kicker is that he COULD BE IN VIOLATION OF HIS PROBATION! See how this can come back and bite you in the butt! (We feel we can get the charges on both sides dropped on this to make it go away).

If you understand anything, understand this. It will not cost you any more in time and money to fight and beat your traffic ticket than to walk away from it and take the ‘deal’. Normally they will offer you ‘something less’. And if you decide to take it, take it knowingly and be OK with it. As my Dad used to say “It’s better than a jab in the eye with a sharp stick”!

Ronald Cupp PhD
Your Advocate

Categories : Traffic Ticket Info
Comments (1)

Tickets, Tickets, Tickets, what type and how many? This article ‘How to fight and beat your get viagra traffic ticket’ starts with what are the main types. I group them as speeding ticket, commute lane or preferential lane ticket, seat belt ticket, red light ticket and now red light camera ticket, stop sign or Ca. stop ticket, and cell phone ticket (the newest of the bunch). You now must use ‘hands free’.

Some of the above (or all of the above) are Big Brother related. Don’t you love that Big Brother gets to decide what is good for us, safe for us. Heck, the newest one, cell phone ticket, is totally ridicules. Yes it can me unsafe to talk on a phone while driving, but it’s OK to smoke, drink (water, soda, hot coffee, etc), eat anything you want (even things that take two hands-yup I do that sometimes also. I’ve driven with my left knee on the wheel and my right foot on the gas while I had both hands going with food and drink), talk and play with friends in the car, listen to music, etc. Where does it stop.

I read an article about cell phone tickets, and it was from the Insurance Industry. Their own statistics showed it was no safer whether it was hands free or not. This was after a period of time that they studied the accidents and claims.

Always with good intent, Big Brother is always there to watch our back. Or are they. It’s no doubt it’s always been a control issue (only on items they really want to-let’s not get into smoking or drinking which kill hundreds of thousands of citizens a year-but who support the politicians with contributions). I was having to laugh, when they are now even looking into telling resturants what they can feed us or cook the food with for us.

Behind it all, the Government, I will still say with good intentions (I’ve never seen a politician go into Office with the intent to do harm-but it don’t take long to correct them.) Of course, they want bigger Government, we want smaller. And it takes money to run Big Brother. And in life, we spend what we earn. And nowadays, we spend regardless of what or how much we earn. If we make a grand, we spend a grand. If the Government doesn’t spend it’s budget it won’t get it next year, so have you ever seen a budget not used?

I got off track, silly me. The point is this, Big Brother needs money to continue to pay for his way of playing (that is what I call his job). California is now in a continual budget deficit of $20 Billion. So a recent article by Shane Goldmacher of the LA Times (January 9, 2010), ‘Speed sensors on red-light cameras could raise money fast’, shows that the Govenator Arnie wants to add ‘speeding ticket sensor’ to ‘red light camera ticket machines’, starting with 500 cameras. They estimate that just adding the ‘speeding ticket sensors’ would nab an Additional 2.4 million speeding ticket violators ON TOP of the ‘red light camera ticket’. At a base value of $225 per violation, they estimate $338 Million dollars revenue for the states coffers.

So now it has gone from attempting to helping us or saving us from ourselves, to looking at us as the ‘rich uncle’, meaning $$$. Now, how fair is that. The Officers who write the tickets are paid by the Counties and State that benefit from the ‘saving us’ ‘cell phone ticket’, and so is the ‘Commissioner’ who gets to see that ‘Justice’ is done. So how does that work? The cop who writes the cell phone ticket, the commissioner gets to decide if we are ‘guilty’ of violating the laws regarding cell phone ticket, and all are paid by the revenue from the cell phone ticket.

What a world, next it could be that you are wearing yellow tennis shoes and you should be wearing steel toed boots to save our feet from being run over by a car. You think this is a joke or far off???

Now with http://www.caticketbusters.com you can learn how to fight and beat your red light camera tickets in court without having to argue your case, ticket, infraction in front of the commissioner, magistrate or judge. This system is great, it is founded on using the courts rules, procedures, and codes against itself.

You should see the success rate and testimonials at youtube. A whole channel to see.

http://www.fightandbeatredlightcameraticket.com. This is not to get off any guilty or unsafe drivers, but it is to have the government protect our rights and use our due process so that we are protected. It can still work for the government, keeping us safe and punishing the habitual violator, but to do it properly by ‘assuming’ our innocence until proven guilty, having us face our accuser, and using due process. It has become so lazy with this ‘money mill’ that why should they?

Ronald Cupp PhD

Your Advocate

 

Categories : Traffic Ticket Info
Comments (0)

Is it possible to fight and beat a speeding ticket? Well it depends of how you do it. The normal course of events are to contest every aspect of the speeding ticket. Who gave it to you, how was it given, what are the variables, time, weather, visual access, other traffic, distractions, and on and on.

The normal course that people take are to go into the system and argue the ticket with the institutional parties, by that I mean the local court, prosecutors, and police; whom by the way, live there and make their living in this arena. So let’s tie our hands behind our backs, put ear plugs in so you can’t hear or understand what is said,  cover one eye so you can’t see what is coming and have blind sides and pitfalls to trip on, and walk into this arena not knowing the language or the rules.

What kind of odds do you think this will produce what kind of success rate, what the hell are you thinking? Let’s see, the legal system lives there 8+ hours a day, every day! The cops are public servants whose only job is to protect and serve the public, and are trained in every aspect observance of your violation, issuance of your speeding ticket, documentation of your speeding ticket, and how to testify in court about your speeding ticket. And of course, like us, the Judges and Police are human, so they have bad days too. And they will share (nice of them, meaning if they have a bad day, they will pass some of it on to you. How nice.

So that is how most people try to fight and beat their speeding ticket. The next group is the ‘lets not confront the system IN COURT, lets use the ‘file forms’ and fight and beat the speeding ticket by mailing it our defense. Not a Good Success Rate. Maybe one quarter of one percent success rate. Most of these services ‘Guarantee’ their service, and what they will do is file your paperwork. You will need to pay ‘bail’ of your ticket. If you win you get it back, if you don’t, Asta la vista Baby! But, these services still keep their filing or processing fee’s. What a system for them.

Whenever I go to court, there is always 10% of the people who throw themselves on the mercy of the court and ask forgiveness or want some sort of ‘help’. Everytime I have been I will here the Commissioner say something like this. ‘Look behind you, if I give you a break I will have to give everyone behind you a break’. What they will normally do is let you make payments over months, with a court fee and processing fee of course.

It cracks me up when people say they have no money so how can they pay their fine? Well, of course, the court will let you work it off over time doing public service work. And they will credit you a whole $10 per hour for that. If the fines weren’t so expensive it may be a possibility, but say a $400 speeding ticket will cost you 40 hours of work time, a whole solid week. Man was that speeding ticket expensive! They should stand up for themselves and learn how to fight and beat their speeding ticket in less time (3 hours) then working it off for the County.

Lastly, the last group of people, you have the ostrich syndrome people that don’t want to fight and beat their speeding ticket. Head in the sand and all that. Can’t help the horse that does not drink when you take them to the water.

What people don’t know is that even in the worst case scenario, when you want to fight and beat your speeding ticket you are standing up for yourself WITHOUT ADDITIONAL penalties. What that means is that even if or when you lose, you are not going to pay any additional fine, fees, or penalties. It is still the same amount you would have to pay regardless. So why not fight and beat your speeding ticket?

Now with http://www.caticketbusters.com you can learn how to fight and beat your speeding ticket in court without having to argue your case, ticket, infraction in front of the commissioner, magistrate or judge. This system is great, it is founded on using the courts rules, procedures, and codes against itself.

You should see the success rate and  testimonials at youtube. A whole channel to see.

http://www.fightandbeatspeedingticket.com. viagra purchase This is not to get off any guilty or unsafe drivers, but it is to have the government protect our rights and use our due process so that we are protected. It can still work for the government, keeping us safe and punishing the habitual violator, but to do it properly by ‘assuming’ our innocence until proven guilty, having us face our accuser, and using due process. It has become so lazy with this ‘money mill’ that why should they?

Check out the information at the Caticketbusters blog. We just started but will keep adding articles and links on how to fight and beat your traffic tickets and other self help and stand up for your rights organizations.

Ronald Cupp PhD

Your Advocate

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Categories : Speeding Ticket
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