<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Tom K.:
Is it possible to get a traffic ticket that was issued, by the state police, in one county, moved to another county closer to my home? Is there a change of venue for speeding tickets? I figure the cop won't drive two hours to convict me.<HR></BLOCKQUOTE>
My response:
Here's a motion that, with some massaging by you, will do the trick.
GREAT ATTORNEY, ESQ. (Bar #____________)
LAW OFFICES OF GREAT ATTORNEY
12345 Attorney Road
Reseda, California 91335-1222
(818)555-1111
Attorney for Defendant:
_____________________
MUNICIPAL COURT OF THE __________ JUDICIAL DISTRICT
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
CITY OF ________, an incorporated public entity; CITY OF AnyTown POLICE OFFICER ____________(Badge No.: _____),
Complainants,
vs.
________________________,
Defendant.
Case No.: _______________
APPLICATION TO TRANSFER ACTION TO COUNTY SEAT OF LOS ANGELES PURSUANT TO VEHICLE CODE §40502(b);
DECLARATION OF DEFENDANT
_____________________
Citation No. : _________
Issue Date : April 16, ___
Due Date : May 21, ____
Bail Amount : $________
Violation : 21451A V.C.
Location : __________
Arraignment Date: May 21, _____
Arraignment Time: 8:30 a.m.
Div.: 5
Trial Date : NONE
Trial Time : NONE
Trial Div. No. : NONE
PLEASE TAKE NOTICE that Defendant ________________ hereby applies to this court for an Order, pursuant to California Vehicle Code §40502(b), to transfer this action to the County Seat of Los Angeles located at: Metropolitan Branch, Infraction Arraignments Division, 1945 So. Hill Street, Los Angeles, California 90007-1466, resulting from an alleged traffic violation, to wit: California Vehicle Code §21451A (Prohibited U-Turn).
This Application is made on the grounds that the forum is inconvenient to Defendant ____________________ and that the Municipal Court of Los Angeles, County Seat of Los Angeles, is closer to where Defendant ____________________ resides than the Municipal Court of AnyTown.
This Application is further based upon this Application, the Points and Authorities attached hereto, the Declaration of Defendant ____________________, all papers, files and records with this court, and upon all oral arguments at the time of hearing on this matter.
POINTS AND AUTHORITIES IN SUPPORT OF TRANSFER
I.
DEFENDANT RESIDES CLOSER TO THE COUNTY SEAT
OF LOS ANGELES THAN TO THE
MUNICIPAL COURT OF AnyTown
California Vehicle Code §40502(b) states:
"§40502. Place Specified in the Notice to Appear
"The place specified in the notice to appear shall be any of the following:
...
"(b) Upon demand of the person arrested, before a magistrate 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. This subdivision applies only if the person arrested resides, or the person's principal place of employment is located, closer to the county seat than to the municipal court or other magistrate nearest or most accessible to the place where the arrest is made."
Dated: LAW OFFICES OF GREAT ATTORNEY
________________________________
GREAT ATTORNEY,
Attorney for Defendant
DECLARATION OF ____________________
I, ____________________, declare:
1. I am the defendant and arrestee in the above-entitled matter; the facts stated herein are within my own personal knowledge and, if called to testify thereto, I could and would competently do so.
2. I am applying to this court for a transfer of this action from the AnyTown Municipal Court to the County Seat of Los Angeles because my residence and place of employment addresses are both located in _______________, California.
3. Both my residence and place of employment are closer to the County Seat of Los Angeles than they are to the Municipal Court of AnyTown which is located at 600 E. Broadway, AnyTown, California.
4. Therefore, and pursuant to California Vehicle Code §40502(b), I demand that the above-entitled action be transferred to the County Seat of Los Angeles located at: Metropolitan Branch, Infraction Arraignments Division, 1945 So. Hill Street, Los Angeles, California 90007-1466.
I declare, under penalty of perjury of the State of California, that the foregoing is true and correct. Executed on , at __________________, California.
______________________________
_____________________
Declarant
PROOF OF SERVICE BY MAIL - CCP § 1013a (3)
GREAT ATTORNEY declares as follows: I am employed in the County of LOS ANGELES, 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 business address is 12345 Attorney Road, Reseda, California 91335-1222.
I am readily familiar with the business' practice for collection and processing of correspondence for mailing with the United States Postal Service, and the fact that the correspondence will be deposited with the United States Postal Service that same day in the ordinary course of business.
On May 9, ______, I served the foregoing APPLICATION TO TRANSFER ACTION TO COUNTY SEAT OF LOS ANGELES PURSUANT TO VEHICLE CODE §40502(b) on the interested parties in this action by placing the correspondence in a sealed envelope on this date in the City of LOS ANGELES, State of CALIFORNIA, and placing it for deposit with the United States Postal Service. This sealed envelope with postage fully prepaid was then placed for collection and mailing on this date following ordinary business practices addressed as follows:
Commissioner ____________
c/o Clerk, Municipal Court
Division 5
AnyTown Judicial District
600 E. Broadway
AnyTown, CA 91205
I am aware that service made pursuant to Code of Civil Procedure § 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 May 9, ________, at LOS ANGELES, CALIFORNIA.
_______________________________
GREAT ATTORNEY
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