Archive for Stop Sign Ticket

Since my last post, I appeared in court today, which was my second  court appearance for my California stop sign ticket. I personally have used this what I am describing below on several California traffic tickets and speeding 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.

Look at my last blog post for recap and audio. To recap my dance steps, I appeared in court April 27, 2010 and requested a ‘Verified Complaint’. When I appeared in court today, the bailiff (sheriff) handed me the ‘verified complaint’, as I came up to the bench (I don’t think that was proper service, but that will be for later research and blog post-follow us on caticketbusters).

 It almost looked legal! (We have had several courts and types of supposed verified complaints, some not filed, some not signed by the DA, some not signed by the court clerk-all are necessary. But they all have been missing something else. The Magistrates signature with his indorsement!)

Penal Code 872 (a) States: “If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe that the defendant is guilty, the magistrate shall make or indorse on the complaint an order, signed by him or her, to the following effect: “It appearing to me that the offense in the within complaint mentioned (or any offense, according to the fact, stating generally the nature thereof), has been committed, and that there is sufficient cause to believe that the within named A. B. is guilty, I order that he or she be held to answer to the same.”

Penal codes 738, 739, 872 and 1382 all work in tandem and spell out the proper procedures to follow, and if all the steps are not followed, the ‘fake verified complaint’ is nothing more than mere paper, hearsay, and a fraud upon the court. If you respond or answer to it, then you have accepted it as a verified complaint and just like the NTA, it now has become your charging instrument. DON’T DO IT.

It’s obvious that I will need to research the correct steps for a true verified complaint from legal cites. So stay tuned for near future blog post on that.

Because the Commissioner was taking the ‘verified complaint’ as authentic (because she said it was signed by the DA to the Court Clerk, under penalty of perjury, that it was a Verified Complaint. I had to challenge her and tell her it was a Fraud upon the Court. You can hear in the tape I ticked her off with that (and of course,  the Commissioner is suppose to know more than I, the layman student of due process law). We always really wonder, are they just playing dead or silly stupid, or do they really DON’T KNOW? Which is scarier than ever. propecia cost Is it better they deceive us or be incompetent, remember it’s our due process rights we are talking about. All the California speeding and traffic tickets stuff is just that, but for them to play possum or not know is scary!

I have included the audio/video 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’. Now it’s time to Demurr.

The sole function of a demurrer is to challenge the legal sufficiency of a pleading. Blacks Law Dictionary states “that a demurrer is a pleading stating that although the facts alleged in a complaint may be true, they are insufficient for the plaintiff to state a claim for relief and for the defendant to frame an answer”. So it is an answer or type of plea but challenges ‘it’.  In this case the it is the ‘verified complaint’.

 Wikipedia states: A ‘demurrer’ is a pleading in a lawsuit that objects to an earlier pleading filed by an opposing party. The word ‘demur’ means to object; a ‘demurrer’ is the document that makes the objection. Typically, the defendant will demur to the complaint, but it is also possible for plaintiff to demur to an answer. The demurrer challenges the “legal sufficiency” of a claim, cause of action, or defense. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements, then the complaint can be knocked out with a demurrer. A demurrer is filed near the beginning of a case during the pleading phase.

I was not even sure I would receive a verified complaint, and if I had not (also within the 10 days time frame the Commissioner gave the DA from my first court appearance-but they did-halfway) I would have requested a dismissal for ‘non-prosecution’ of my case.

I prepared a demur (general type) with tons of pages and cites, so if I did get one, some DA would have to spend a lot of time to answer it.  Or if he doesn’t then that will be my new request for dismissal!

You have to listen to our banter, the Commissioner and I. She gave the DA 10 days to respond to the demur, and we start our dance about the codes and more importantly the facts and time frames. She sees so many defendants that she cannot keep them straight, and same goes for the facts of my case. She had the facts and steps wrong and I had to reiterate several times the actual occurrence of events.

Penal Code 1006 “Upon the demurrer being filed, (presented in court, upon arraignment) the argument upon the objections presented thereby must be heard immediately, unless for exceptional cause shown, the court shall grant a continuance. Such continuance shall be for no longer time than the ends of justice require, and the court shall enter in its minutes the facts requiring it.”     

I reappear on June 7, 2010 for hopefully my last dance. It is not bad, recurring defendants are first in line, I show up at 8:30 and am gone by 8:45. This Commissioner is the most nice I have had in a long time, versus the bully’s I hear students tell me about who yell at them and talk with contempt and down to the defendants. I love it when they yell at me/us ‘this is an infraction, Sir, you do not get a verified complaint for an infraction. Little do they know when they deal with a caticketbuster student, they do!

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

Went again to open Traffic Court this morning. Up at 6, leave home at 7, hit Starbucks for coffee, then off the open traffic court to start the process to Beat my Stop Sign Ticket. Last month was the circus, had 200 people show up to try and get into court, only about 70 got in and 130 had to leave to come again another day to fight their Traffic Tickets. They had told me I was past all of my extensions for court, but gave me another one anyway to April 27, 2010 (today’s appearance) as it was not our fault the court is too busy to take us in like sheep to the slaughter. Armed with another extension to get to today, I am in line at 7:18, 42 minutes before they open the door. I am already 46th in line and know at least today I will get in to the Commissioner to hear my case regarding my stop sign ticket.

Get in, told to go to Department (that’s court talk for room) 14 by 8:30. Got there and waited with everybody else to get in. I have now heard everybody’s tale of woe; “how it was not their fault, they did not do it, I did it but need leniency, I brought the cigarette butt to show I did not throw it out the car”, and on and on. I love to hear the ‘professional’ goers, who tell everybody what to expect, what to say, and how they know (by several trips there of course!).

Anyway, today was a jewel. I had Commissioner Carla Bonilla, who tried to retire in January (I think). She is someone who cares, someone who listened to the people and their propecia online buy tales of woe, whether they were unemployed, what happened, etc. It was one of the longest court sessions (with a mandatory 15 minute break) I had had for about 30 people.  I was there from 7:18 on, but the court ran me from 8:30 to 11:18.

Commissioner Bonilla explained everything in detail, what the options were, and what she could do for people. And more importantly, she did. Out of my many court appearances (I go for friends and clients and just to watch and learn), who dismissed a couple ‘in the interest of justice’, she constantly gave less fines and penalties when she could within her discrepancy. It was one of the most pleasant experiences I have ever had.

When it was my turn, I handed my written request for a Verified Complaint as I learned from Caticketbusters to the bailff (Sheriff) and it was ignored unless the Commissioner wanted to see it or unless I demand she read it and take it under consideration. I turned on my recorder and she was explaining what my situation was, what the ticket was for, how many points I had on my record and when they could come off, what she could do for me, then what my options were.  It was so good I almost wanted to take it (whatever it was as she is so nice and caring).

But alas, NO, I did my legal stuff. Objected to the Notice to Appear, Requested additional time to plea, and requested a Verified Complaint. She went thru the understandings and misunderstandings of time and that my NTA (notice to appear) is the Verified Complaint, etc., etc.

We obviously have a difference of opinion and I believe her understanding of the Verified Complaint and some of the Time Limites are off, but did not care. (I had just studied the Judges Bench Guide and the Court Procedures, and  the Penal Codes that apply-supplied by CaTicketBusters.com, so I felt ready. I got what I wanted, my three items were on the record and I was set to return May 17, 8:30 am and I don’t have to wait in line for all the schedules. Whew! In any event, its like a chess game, only I know the next possible moves and my counter moves to their moves! (are you dizzy yet).

Long story short, got my legal chess game on the board in 2 1/2 hours, and set for hopeful dismissal on May 17th.

Ronald Cupp PhD

Your Advocate

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

Comments (3)

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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Comments (4)
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