Traffic Court Appearance! What I said on my second visit for dismissal!

By Ronald Cupp PHD

September 8, 2010 Traffic Court appearance. On my second appearance, I waited till my turn, my name and case was called, then I approached the ‘Bar’, and said

“Excuse me Commissioner; I have a couple of motions to file.” As I spoke I raised my motions up and handed them to the bailiff to give to the commissioner, and then I continued on

Applied Cop Wisdom

“On my last appearance I demurred to the complaint. I am filing a motion for dismissal on procedural error as my demur was not heard or answered as it was presented in open court, also I am filing a motion for dismissal on procedural error as the reason for the extension of time to answer the demur was not placed in the court minutes (if there was one ‘in the interest of justice’). Per Penal codes 1002-1006 are very clear and are part of my demur.

I am also filing a motion for dismissal for non prosecution by the State. I requested discovery from the DA and have received none. I have not received any charging instrument by the People or from the People of the State of California. I asked you if my charges were civil or criminal, and you stated criminal. Per government code 100 and penal code 684, if the charges are of a criminal nature, I am supposed to be prosecuted by the DA and by the People of the State of Ca.

I am also filing a motion for dismissal for violation of my speedy trial rights. I was arraigned on June 22, 2010 by Commissioner Hochmann. In People v Charrtuck, the Ca Supreme court decided that arraignment was when I was read my charges and asked how I plea. The actual plea is an entirely separate act. If you look at my court minutes from my first appearance, it clearly shows that I was arraigned on that day-June 22.  August 5th would by my 45 day speedy trial deadline.

My request for a Verified Complaint was denied by Commissioner Hochmann as he stated that the NTA was ‘Verified’, and that I did not show that the NTA was defective. When I appeared before you, I stated that my Due Process Rights entitled me to the presumption of innocence. The State must show the NTA was proper. I have challenged it as improper and the proper charging instrument, and I challenge the ‘Verification’ by the officer as proper.  And as such, I also challenge it as I have not been shown that it was filed timely to a Magistrate, who read it and indorsed it, that I be held to answer. Per Penal Codes 853.9, 853.6 or 815a. (if we follow PC 853.9, then you must follow PC 738, 739, 740, 872 & 1382)

I am filing a motion for dismissal as the proceedings were prejudicial to me and my due process rights. Prejudice because Commissioner Hochmann stated he would deny my written motion for a Verified Complaint before he even received it into evidence or read it. If prejudice, it is my understanding that you are to stop these proceedings and have a hearing BEFORE you proceed with this hearing.

I still have not plead nor am I under contract or jurisdiction with this court. Until you properly file the charges, follow your own Penal Codes or letter of the law, you do not have subject matter jurisdiction or jurisdiction over me in this proceeding.

If you continue, I request a Probable Cause Hearing.”

These were my notes to ask:  IF THE COPS SHOW UP AND TRIAL:

Have you seen me? How many tickets did you write that day before mine? How many after? What did you do with them? What is your normal procedure? When did you file it with the court? Do you have the stamped filed copy to show when it was done? did it meet the time frame of PC872 & PC1382? When did you submit it to the Magistrate,  who did the verification, and was it filed and indorsed my the Magistrate?

Note to myself: Look at the original NTA, is it changed or marked up in any way (PC 853.6), especially look at the back for notes or changes.

Ronald Cupp PhD




We always love to hear about your victories and overcoming your problems in the process, and want you to share for the benefit of others.

We always protect your privacy or rights so we block out part of your phone number or email.

Please share this with friend or loved ones who need help and please comment on the blog or youtube channel!

Related Posts with Thumbnails

Leave a Reply

Security Code:

Online Traffic School, Defensive Driving, Traffic Safety, and Driver Improvement