Archive for traffic ticket dismissal

This is short and sweet.  The Penal Codes play a huge part in getting your Californina Traffic Ticket dismissed.  The following Penal Codes are about a Magistrate.  Who has the power to judge you? I included just two Penal Codes, they are short and below: I am italic and underlining what is important.

807.  A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense.

808.  The following persons are magistrates:

   (a) The judges of the Supreme Court.

   (b) The judges of the courts of appeal.

   (c) The judges of the superior courts.

The big distinction is that a Magistrate can arrest you (of course he does not-he issues a warrant to have the Peace Officer(s) arrest you) for a Public Offense (don’t know what a private offense is?)

Then it lists who are Magistrates. Notice you do not see Commissioners listed. 99% of us appear before a commissioner when we are in Misdemeanor or Traffic court. I have seen several types of ‘name’ tags (little name plates on the judges bench or plaques to show their designation). I have seen several things like ‘Judicial Officer’, but then have seen them sign as ‘Commissioner’.

So, why does this matter? Keep browsing my blog or videos. Everything in the code states that a Magistrate must do or conduct something like a ‘preliminary examination’ or indorse a commitment against you. Even a Commissioner can not correct something done incorrectly or out of sequence, and you can call them on their judicial status.

Again, I personally have used this on several California stop sign 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 cheapest propecia online the video below, so you can hear the reading of the code itself.

Ronald Cupp PhD

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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)

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

Comments (3)

Since my last post, I appeared in court today, which was my third  court appearance for my California stop sign ticket. What I am describing I personally have used this what I am describing below on several California speeding 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. The ticket does not matter; we only use the court rules against the court.

I love that in Sonoma they take the ‘returning’ defendants first, so I only have to show up at 8:30am and normally gone in 15 minutes. In Marin they kept us till the end of the calendar which meant we had to listen and relive the entire traffic ticket court calendar, which takes hours. Then they deal with us. Sometimes I think they do it this way so all the ‘sheep’ can’t see and learn the caticketbusters system on how to fight and beat their California speeding and traffic tickets!

Look at my last blog post for reminder of  audio. To recap my dance steps, I appeared in court April 27, 2010 and requested a ‘Verified Complaint’. When I appeared in court May 17, 2010, the bailiff (sheriff) handed me the ‘verified complaint’, that I demurred (I came prepared with a blank one from caticketbusters to answer and challenge it. 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.

After my appearance on May 17, 2010, on June 3, 2010 I filed two additional requests (forms/motions). One was for Discovery (against the DA so now he not only had to answer the demur but had to produce all evidence/documents just like a court case (I figured that if I gave them too much work they would not respond and leave me alone), the Second was a motion for a court reporter (you know that I was recording the proceedings with a digital recorder (which is allowed with the Commissioner’s consent buy prescription drugs online under Ca. Rules of Court 1.50)), so that it would be obvious that I wanted a record for an appeal. As you can hear, no response from the DA; and the Commissioner had to ‘research’, so she scheduled a return visit (AGAIN) for June 15th, 2010. Just keep throwing mud against the wall so we can see what will stick! I can feel my dismissal coming closer!!

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. Although I firmly believe they DO NOT currently know the actual code(s) (we do because we have just been studying them-and they are processing thousands of sheep to the slaughter who do not even question them-so why should they keep boned up on the ‘facts’). They only do when challenge them and they have to look them up to refresh!

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

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

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