Archive for Red Light 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

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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

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These days, we’re always in a rush to get somewhere. And something as simple as making a full stop at a stop sign may escape us. We typically don’t realize we’ve done it

You didn't stop at that stop sign back there....

until after we see the police car behind us with its lights on. As quickly as you slid through that intersection, a cop is right on your tail, ready to write you up a stop sign ticket violation in your sunny state of California.

But don’t fear–there IS a way to fight and beat that stop sign traffic ticket, outside or inside of the courtroom.

First off, it’s important to be respectful and polite with the police officer that pulls you over. Don’t admit fault, don’t admit guilt, and be sure that the police officer doesn’t make any mistakes on your stop sign ticket. If he does, just politely point out the error and ask him if he could correct it. This can make or break you if the issue ever continues on in court.

There are a few different defenses that you could employ when trying to defend your stop sign ticket. If the stop sign has not always been at that location and has been just recently installed at that intersection, you could us that as a defense–that you’ve driven by that intersection a number of times, and that it hasn’t been there until recently. You could also prove that the incident was a “mistake of fact” in order to have your stop sign ticket dismissed in its entirety. So say, perhaps, that there were markings that were worn away at the intersection. Depending on the weather, you could say that the stop sign line was not visible due to the darkness or the rain, or that the lines were not clear and reflective enough. Or perhaps there was an overgrown bush near the stop sign that may have obstructed the view of the sign itself. This could also be considered when fighting your stop sign ticket.

STOP!

Another defense that you can use is by proving that the police officer was not in a good location by the stop sign in order to clearly and accurately see the situation that occurred. You could also use the defense that your conduct was legally justified and was made in order to avoid harm to you or others. This would be the case if you were swerving to avoid an accident and perhaps ran a stop sign because you were distracted and shook up from the incident. In addition to using “mistake of fact” as a defense for the ticket, you may be able to use some of these other attempts in order to fight your stop sign ticket in the state of California.

Just remember that when it comes to stop sign tickets, there are many different ways you can defend yourself when forced to fight it in the courtroom in front of a judge. But if you are prepared and have your resources together, you may be able to successfully fight the stop sign ticket in order to have it dismissed altogether.  Fight and Beat your Stop Sign Ticket!

buy propecia on line "Calibri","sans-serif";” lang=”EN”>Ronald Cupp, PhD

Your Advocate

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These days, we all live in a fast-paced world. We have fast food, because apparently regular home-cooking just isn’t fast enough. We get our email and internet on the go, instantly. We make instant coffee, use instant messengers, instant on-line credit approvals, and make instant jell-o. It’s a world of instant gratification. So when it comes to driving our cars, whether it’s on the way to work or out with some friends, the last thing we want to be faced with is a yellow light. In fact, most of us put the pedal to the metal to try to beat it. And some of us are unsuccessful at escaping the red light ticket that follows. The red light camera catches most of us.

There are two ways you can receive a red light ticket in the state of California. You can either be presented with photo evidence from the courthouse (a photo taken from a camera on the light post) or you can be pulled over on-the-spot, as it happens, by a police officer.

If you’re pulled over at the site where it happened, you need to follow the standard procedures when it comes to confronting a police officer. In order to fight and beat your red light ticket in court, you buying propecia online need to be respectful and well-mannered with the police officer. Do not admit fault or guilt, and keep a relaxed tone with the officer. Also, make sure after you receive your red light ticket, that you look over it to make sure there are no errors that need to be corrected at the time of the incident. This way, you can avoid any misunderstandings if the red light ticket ever comes to the courtroom.

If you receive a red light ticket in the form of a picture of your vehicle, you still have a chance at fighting this outside of court. As easy as it may be to think that you’re stuck with the photo evidence, there are ways to fight a red light camera ticket in court. Even though technology is advancing, there are issues that can still make a red light camera provide insufficient evidence. Depending on the clarity of the camera’s picture, you can argue numerous things. Sometimes, wind can cause these images to be blurry. Lighting can also affect the quality of the image, making it too bright or too dark. In many cases, the license plates can be hard to decipher and the driver can be difficult to determine through the windshield. These are all technicalities that you can use in court in order to fight your red light ticket.

No matter how you are faced with a red light ticket in California, you do have options and ways around it. If you can provide evidence that you are not guilty, or if the police officer that pulled you over fails to provide evidence that you are indeed responsible–let alone if they even show up in court. You do have a chance at fighting, and beating, your California red light ticket–it’s just knowing HOW that is half the battle.

Ronald Cupp PhD

Your Advocate

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