Topic: ACH Tickets - Good Information  (Read 5149 times)

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Offline meikailani

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ACH Tickets - Good Information
« on: 04/02/08 09:16AM »
I read this on one of my other forums and this is definitely useful information so I am posting it here.

**************************************************************************************************

[Thanks to highwayrobbery.net for providing much of this information. Visit http://www.highwayrobbery.net/redlig...peremptory.htm for more details on Challenges and Change of Venue.]

Through my own experience and reports from others, Angeles Crest Highway tickets are tried in the Pasadena Courthouse. The officers that regularly patrol ACH and nearby roads are "sleeping with the judge." The officers could claim you were riding a pedal bicycle at 325 MPH and you will still lose. You can not get a fair trial in Pasadena Court.

The solution?

Peremptory Challenge
and/or
Change of Venue

CHANGE OF VENUE

Definition of County Seat: Any courthouse within the City boundaries of the capital city of the county (ie. the City of Los Angeles is the capital city of Los Angeles County, the City of Oakland is the capital city of Alameda County).

First, if you work or live closer to a court within the City of Los Angeles than to the Pasadena Courthouse (Los Angeles includes most of the SFV, San Pedro, West LA, Downtown LA), you should tell the officer that you "request the county seat" at the time he writes the ticket and you can request which LA courthouse is closest to where you live or work (ie. if you live in the SFV you can request the Van Nuys Courthouse, if you live in Long Beach you can request the San Pedro Courthouse).

If you did not request the county seat from the officer or if he refuses to give you the county seat you must make a motion for Change of Venue. You must make a Change of Venue motion on or before your arraignment date (your first due date or extended due date). It should be done at least 10 court days before your arraignment date.

A sample Change of Venue motion form is at the end of this post.

If your Change of Venue motion is granted, you will be notified of a new appearance date and the court at which to appear.


Peremptory Challenge
(pronounced pur-emptory, not pre-emptory)

If Pasadena is the closest courthouse to where you live or work or if you are unable to get your case transferred to a different courthouse, you must do a Peremptory Challenge. What you're saying when you do this is that you believe you can not get a fair trial with the judge that presides in room 100 of the Pasadena Courthouse. You do not need to give a specific reason, you only need to believe that you can not get a fair trial. The fact that you are reading this thread is more than enough to make you think you can't get a fair trial.

A Peremptory Challenge disqualifies the judge, meaning, he can not hear your case. He must transfer your case to a different judge, a judge of his choosing, which means he could choose a judge that is equally bias. That's why you need to do a Change of Venue if at all possible.

Again, a Peremptory Challenge must be done as soon as possible. I have not seen a ticket that tells you what department, division, or judge will be assigned to your case, you don't usually find that out until you receive the courtesy notice or you actually appear for arraignment. To be on the safe side, make your Peremptory Challenge within 10 days of receiving your courtesy notice. However, you should still be able to make the challenge when you appear for arraignment.

A sample Peremptory Challenge form is at the end of this post.

For more details on this subject, visit highwayrobbery.net. Although that website focuses on red light tickets, most of the information provided applies to all traffic tickets.

Peremptory Challenge----------------


________________________________
(Name and address of Defendant)

________________________________

________________________________

________________________________
Defendant in Pro Per

IN THE SUPERIOR COURT OF CALIFORNIA
[[[county name]]] SUPERIOR COURT
____________ COURTHOUSE


People of the State of California) Case No. __________
Plaintiff, ) (Div. _____)
vs. )
) PEREMPTORY CHALLENGE
____________________________, ) (Code of Civil
Defendant. ) Procedures 170.6)
_________________________________)

I, ___________________________, declare:

1. I am the defendant in the above-entitled action.

2. That Commissioner ____________, the court commissioner before whom the trial of the aforesaid action is pending (or to whom it is assigned) is prejudiced against my interest so that I believe that I cannot have a fair and impartial trial or hearing before such court commissioner.

WHEREFORE, Defendant requests ex parte, per CCP Section 170.6, that said Commissioner be disqualified from hearing the above-entitled matter.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.


Dated: ___________ [[[sig]]]_________________________
[[[typed name]]], Defendant in Pro Per


***********************************************************************************************

Change of Venue----------------

[[[The Change of Venue request below consists of four parts - the Application, a Memorandum of Points and Authorities, a Declaration, and a Proof of Service. If you are doing your COV request by mail, send it in at least a couple weeks before any due date (the "respond by" deadline, or an arraignment date you've set up) so that the court has time to send you a reply. If you get no response from them, you will still need to take action, or appear, by whatever due date you have. Or, if you want to guarantee getting a response (although it still may not be the positive response you hoped for) you could send this COV in, combined with a not guilty plea and a check for the bail. In that case, you would add "PLEA OF NOT GUILTY AND" to the title below, and "enters a plea of NOT GUILTY and" after "hereby" in the first sentence. If you are entering a not guilty plea and there are some dates that you would not be available for trial, note the same.]]]


________________________________
(Name and address of Defendant)

________________________________

________________________________

________________________________
Defendant in Pro Per

IN THE SUPERIOR COURT OF CALIFORNIA
[[[county name]]] SUPERIOR COURT
____________ COURTHOUSE


People of the State of California) Case No. _______
Plaintiff, ) (Div. _____)
vs. )
) APPLICATION TO TRANSFER
____________________________, ) ACTION TO COUNTY SEAT
Defendant. ) (Vehicle Code 40502(b))
_________________________________)


PLEASE TAKE NOTICE that Defendant ________________ hereby applies to this Court for an Order, pursuant to California Vehicle Code Section 40502(b), to transfer this action to the court in the County Seat of __________ County, located at: [[[full address of traffic court at the County Seat]]].

This action results from an alleged traffic violation, to wit: California Vehicle Code Section 21453 (red light automated enforcement).

This Application is made on the ground that Defendant lives [[[works]]] closer to the County Seat than to this Court.

This Application is further based upon the Points and Authorities attached hereto, the Declaration of the Defendant attached hereto, all papers and records on file with this court, and upon all oral arguments at the time of any hearing on this matter.


Dated: ___________ [[[sig]]]_______________________
[[[typed name]]], Defendant in Pro Per



[[[CHANGE OF VENUE, CONT'D, NEW PAGE]]]



POINTS AND AUTHORITIES IN SUPPORT OF TRANSFER

ARGUMENT

I. WHEN A NOTICE TO APPEAR IS ISSUED BY A PEACE OFFICER FOR VIOLATION OF THE VEHICLE CODE, THE PLACE FOR APPEARANCE MUST BE THE COURT AT THE COUNTY SEAT, IF SO DEMANDED BY THE PERSON CITED.

When a peace officer cites a person for violation of the Vehicle Code and issues a Notice to Appear, the place for appearance is governed by Section 40502 of that Code, which states in pertinent part:

"40502. [Place to Appear] The place specified in the Notice to Appear shall be…

"(b) Upon demand of the person arrested, before a municipal court judge or other magistrate having jurisdiction of the offense at the county seat of the county in which the offense is alleged to have been committed…"

Subdivisions (a) and (c) of Section 40502 respectively name the “nearest or most accessible” magistrate or a “person authorized to receive a deposit of bail” as other places that may be specified as the place to appear. With respect to these two choices, the decision lies within the arresting officer’s discretion. Subdivision (b), however, requires the place to appear to be the county seat whenever 1) the arrested person’s residence or business address is closer to the county seat than to the nearest municipal or justice court, and 2) the arrested person demands that the place to appear be the county seat. In Smith v. Municipal Court (1959) 167 Cal.App.2d 534, 538, the similar wording of former Section 739(c) of the Vehicle Code was construed to require that “f a demand therefore is made by the arrestee, the officer must specify as the place of appearance a municipal court within the judicial district at the county seat or at the demand of the arrestee, before a magistrate in the judicial district…"


II. WHEN A DEFENDANT HAD NO PRIOR OPPORTUNITY TO MAKE A DEMAND FOR APPEARANCE AT THE COUNTY SEAT COURT, THE ACTION MUST BE TRANSFERRED THERE FROM THE NON-COUNTY-SEAT COURT WHEN SUCH TRANSFER IS REQUESTED AT ARRAIGNMENT.

Section 1462.2 of the Penal Code states that “Except as provided by the Vehicle Code,” the proper court for the trial of a misdemeanor is in the judicial district in which the offense is alleged to have occurred. The fact that this section specifically refers to the Vehicle Code shows that the Legislature contemplated provision of Vehicle Code Section 40502 as determining trial venue for Vehicle Code offenses where a Notice to Appear is issued. Section 1462.2 states that when the action is commenced in a court other than the proper court for trial, it may nevertheless be tried there, “unless the defendant, at the time he pleads, requests an order transferring the action or proceeding to the proper court.” It continues, “If after such request it appears that the action or proceeding was not commenced in the proper court, the court shall order the action or proceeding transferred to the proper court.” The proper time for making the motion is therefore immediately following a not-guilty plea at arraignment. In Smith, the court stated that the respondent court “was without discretion to deny the motion to transfer (167 Cal.App.2d at 541).

The court at the “county seat” is a court located within the city limit of the city in which the seat of government of the county is located. Government Code Section 23600. See also People v. Beltran (1981) 124 Cal.App.3d 335.



Dated: ___________ [[[sig]]]_______________________
[[[typed name]]], Defendant in Pro Per



[[[CHANGE OF VENUE, CONT'D, NEW PAGE]]]



DECLARATION OF ____________________


I, ____________________, declare:

1. I am the defendant in the above-entitled action; the facts stated herein are within my own personal knowledge and, if called to testify thereto, I could and would competently do so.

2. My residence [[[ or, My principal place of employment ]]]] is located at [[[ address ]]]] in [[[city]]], California.

I declare, under penalty of perjury of the State of California, that the foregoing is true and correct.


Dated: ___________ [[[sig]]]_______________________
[[[typed name]]], Declarant



[[[CHANGE OF VENUE, CONT'D, NEW PAGE]]]



PROOF OF SERVICE BY MAIL - CCP SECTION 1013a(3)

I, [[[ not the defendant ]]]] declare as follows: I am employed in or reside in the County of ________, State of CALIFORNIA where this mailing will occur; I am over the age of eighteen (18) years and not a party to the cause; my residence [[[[ business ]]] address is [[[ address ]]].

On ______, ______, I served the within APPLICATION TO TRANSFER ACTION TO COUNTY SEAT on the interested parties in this action by placing true copies thereof in a separate sealed envelope, with the postage thereon fully prepaid, in the United States Postal Service mailbox at [[[ city ]]], County of [[[ ]]], California, the said envelopes being addressed to:

Commissioner ____________ , (Certified Mail, with Return Receipt)
c/o Clerk, Superior Court
Division 5
AnyTown Judicial District
600 E. Broadway
AnyTown, CA 91205

City Prosecutor
501 AnyTown Civic Center
AnyTown, CA 91205

I am aware that service made pursuant to Code of Civil Procedure Section 1013a(3) upon motion of a party served shall be presumed invalid if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained in the affidavit.

I certify and declare under penalty of perjury under the laws of the State of CALIFORNIA that the foregoing is true and correct.


Executed on __________, at ____________, CALIFORNIA.


[[[sig]]]_____________________
[[[server's name, typed]]]


Offline RizinSun

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Re: ACH Tickets - Good Information
« Reply #1 on: 04/02/08 09:45AM »
Wow, thanks for the write up.  Very good info, and was very informative.  Thanks!

IL

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Offline RIDNRED

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Re: ACH Tickets - Good Information
« Reply #2 on: 04/02/08 10:14AM »
iam sure this will come in handy to some ....



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Offline meikailani

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Re: ACH Tickets - Good Information
« Reply #3 on: 04/02/08 10:15AM »
yes especially when the weather starts getting warmer and we do rides to ACH

Offline BroChaos

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Re: ACH Tickets - Good Information
« Reply #4 on: 04/02/08 10:17AM »
i don't know how much of that is related to "the cops sleeping with the judge" or just the fact that it is the most deadly road in LA country, and therefore was awarded a special budget, increased patrols, and an absolute 0 tolerance policy.
that's crescent fresh...
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Offline meikailani

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Re: ACH Tickets - Good Information
« Reply #5 on: 04/02/08 10:21AM »
you can check out the stats at highwayrobbery.net ,
i believe it is a no win situation myself since it is assumed sportbikes are up there racing, even if they are on a chill ride.

Not my write up, but the author sure knows about the law...i've ridden with him, he's got permits for stunt spots, has every angle in fighting a ticket, and is my best person i seek motorcycle advice from.


Offline Sedan_Clan

Re: ACH Tickets - Good Information
« Reply #6 on: 04/02/08 01:26PM »
Good info!
BMW ///M Junkie!!!

Offline U-Neke

Re: ACH Tickets - Good Information
« Reply #7 on: 06/15/08 09:53AM »

Offline mxracer95

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Re: ACH Tickets - Good Information
« Reply #8 on: 08/29/08 10:52AM »
I just want to chime in here and put in a +2 to the opening post.  I've been fighting a turn signal ticket I got somewhere up there (AFH, Big T - one of those roads) about 18 months ago and quickly learned the officer and judge were "golfing buddies."  the officer used completely the wrong code, lied about every, and I mean EVERY fact of the case, and every time I brought up a legal reason why the officer was wrong, the judge asked him to explain and the officer came up with a totally new explanation, even contradicting his previous statements, and the judge took it.  Once I realized the sham that was going on in there, I had made several motions which were all denied and when I opened my mouth to make a Challenge for Cause, I was denied, repeatedly, before I could even make the motion.  He wouldn't even let me open my mouth anymore.

So for sure, get your cases transferred out of Pasadena Courthouse!!!!!
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