Archive for Seat Belt Ticket

Actual Penal Code 815(a) states

815aAt the time of issuing a warrant of arrest, the magistrate shall fix the amount of bail which in his judgment in accordance with the provisions of section 1275 will be reasonable and sufficient for the appearance of the defendant following his arrest, if the offense is bailable, and said magistrate shall endorse upon said warrant a statement signed by him, with the name of his office, dated at the county, city or town where it is made to the following effect “The defendant is to be admitted to bail in the sum of ____ dollars” (stating the amount).

So, from the basics, on your California traffic ticket, called a Notice to Appear or NTA, there are some references. On the very bottom it has some small and half dark writing and numbers. One, the most important one, is 853.9, which the court or Commissioners state is their compliance with a proper charging instrument or complaint. Why? Because they say so!

It was approved by the Judicial Council of California (which made it standard for compliance for all agencies to have and use the same rules, laws, and forms). Long story short, it was for their convience, not ours.

If you accept the Notice to Appear and your charging complaint, then it is. Penal Code 853.9 states that it must also conform to Penal Code 853.6, and in Penal Code 853.6 it states it must also conform to Penal Code 815a. Hence, here we are. (really we like Penal Code 872-you will have to read that blog post!! As they correlate together).

What normally follows is the Police Officer writes a traffic ticket or Notice to Appear, has you sign and gives you a copy. You then show up at court. The Commissioner reads you your charges and asks you ‘how do you plead?’ If you follow their rules in this, because it was formed by the California Judicial Council, then you accept this as the charging instrument.

The critical part of this code, like my 872 that goes hand in hand is this portion of the statue:

‘and said magistrate shall endorse upon said warrant a

statement signed by him, with the name of his office, dated at the

county, city or town where it is made to the following effect “The

defendant is to be admitted to bail in the sum of ____ dollars”’

Bingo! What this is saying is that the ‘Magistrate shall endorse upon said warrant a statement signed by him . . . . .’ and if you look on the court’s copy of the ticket, it is never there. No endorsement nor Magistrates signature.

How can that be? Where did it go? Did they do it? I personally believe that as they streamlined the courts they just began skirting the issue or making it easier for them, and in essence, shortcut or violated some of your (or I guess ours) due process rights. As I said above, I like Penal Code 872 better, but following the linking of the statues together, it falls on 815a.

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.

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To your empowerment!

Ronald Cupp Phd

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The following article was taken from the MercuryNews.com and we want to insure that if you get a RED LIGHT TICKET you know how to fight and beat it.

By Gary Richards
grichards@mercurynews.com

Q I often have a problem getting stuck at red lights with my motorcycle, especially at left-turn-only lights. My motorcycle weighs approximately 437 pounds, but it is apparently not heavy enough to trigger many lights to change from red to green. What do you suggest I do? Run the red light when traffic clears the intersection and risk getting a ticket? Pull back into the through lanes and risk getting into an accident? Or should I wait until the cows jump over the moon?

Rob Collins

A The cow option wins. The answer to this is simple, said Bruce-the-Ex-Traffic-Cop: “Do not go through the red light. If anything should happen, the motorcycle rider is messed up for life. I would wait for the through green light, make a safe lane change and go through the intersection and then make some turns to get to where I’m going. Yes, some smart reader might respond that this, too, is illegal (you can’t really pull out of a left turn lane after you enter it), but the chances of getting into an accident by changing lanes is less than going through the red and completing the left turn. The only legal answer is to dismount and walk your motorcycle out of the intersection, but everyone, even Mrs. Roadshow, will boo that answer. Ask motorcycle riders what they do. Every rider has encountered this problem and I would like to see some of their answers.”

Other motorcycle cops say they wait for a larger vehicle to come up from behind to trip the light. And others say they seldom have this problem at intersections with overhead camera sensors. Wire loops in the streets often don’t trip because there is not enough metal mass in the motorcycle to trip the circuit.

The above scenario is the safest, and I always look to the legal section of the articles. What happens if there is an accident, who is at fault? I personally have had this happen to me when my motorcycle did not set off the red light sensor and I had to wait several light turns and still no red light change for me to get the heck out of there. I normally make the illegal left turn thru the red light to move on (when safe of course).

Q I have a new economical Smart car that weighs less than 1,800 pounds and a lot of it is not steel. I have found that it does not trigger the traffic signals a lot of the time and on lightly traveled streets and at odd hours, I find myself sitting through several changes of the light, with me at a red. Eventually, I proceed through the light when there is no traffic or any possibility of me causing an accident. At what buy online propecia point may I legally proceed through the red light (carefully, of course)?

Frank King Morgan Hill

A You can’t. Other Smart car owners report the same problem. Call the city where this occurs, and see if the problem gets fixed.

See, it’s not just the motorcycles that have problems with the red light sensors or from people getting red light tickets for moving violations. It’s amazing that cars don’t always set off the sensors with the weight and metal mass, but if you turn left you will get a red light ticket and if you pull out to the lane on the right to go straight, you still violate the law and will get a red light ticket. Both are red light ticket moving violations that will add points to your driving record, incur large fines, and your insurance will go up. If you want to learn to fight and beat your red light ticket, go to www.fightandbeatredlightticket.com.

Q What is the best way to remove old registration stickers from my license plates? I have tried peeling, scraping, hitting, scratching — but ended up removing fluorescent paint all around it. How have you done it on your good old van?

John Kurian Milpitas

A I’m a bad boy. I just slapped the new stickers on top of the old ones, which is what everyone says not to do, as they can easily be peeled off and stolen. I bet readers have some good ideas.

I’ve had stickers removed from my license plate and got pulled over several times. Had to go to DMV for replacement stickers, too way too much time and money, time off work, etc. I’m just glad I did not get a fix it ticket or registration violation ticket before I got it fixed. If you want to learn to fight and beat your fix it ticket, go to www.caticketbusters.com

I constantly read Gary’s articles in his blog as he is always straight forward and normally on the spot with his data and opinions!.

Ronald Cupp PhD

Your Advocate

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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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