Change In Venue

[AgentSmithers]

What is the name of your state (only U.S. law)? Californa

I went to my Arrianment and I asked the Judge for a change of Venue, The Judge denied it due to the fact he said I had to prove that the Cop was unaware of my request I gave him at the time, So I feel like he did that just to basicly mess with me, How do I override that considering its my right to have a change in venue?

 

[FlyingRon]

Were you asking to move to the county seat?

 

[Zigner]

What is the name of your state (only U.S. law)? Californa

I went to my Arrianment and I asked the Judge for a change of Venue, The Judge denied it due to the fact he said I had to prove that the Cop was unaware of my request I gave him at the time, So I feel like he did that just to basicly mess with me, How do I override that considering its my right to have a change in venue?

Why do you feel that it is your "right" to have a change in venue? (cite, please)

 

[I_Got_Banned]

I went to my Arrianment and I asked the Judge for a change of Venue, The Judge denied it due to the fact he said I had to prove that the Cop was unaware of my request I gave him at the time, So I feel like he did that just to basicly mess with me, How do I override that considering its my right to have a change in venue?

Actually, that is correct... in a traffic infraction case, the time to request a change of venue is at the time you are receiving the citation. If the officer declined your request at the time, it is recommended that you make a notation by your signature after which you would bring it up when you appear for your arraignment in court... But to do it in hindsight when you appear in court... Courts will most likely turn it down than to even consider it.

Which court did you appear at and which court (located in the city which is also the county seat) would have been your preference based on the fact that it is closer to you?

 

[CdwJava]

AgentSmithers, did you actually ask the officer to change the location of the court hearing to the county seat when you were stopped? And, do you actually live closer to the county seat court that you would have been cited in to?

- Carl

 

[AgentSmithers]

I was stoped in Blyth, CA but I work out of Fresno, My County Seat is Moreno which is closer to me. I enquired the officer strongly about contesting and changing Location for court, he said I have to go to Blyth and there is no other option which is not true I wanted it changed to indio but the county seat would of worked and he stringly said thats not possable I would have to make my trip back to blyth.

 

[CdwJava]

Apparently you will have to convince a court that you made the request to move the matter from Blythe to Moreno Valley.

Assuming that you CAN convince the court, or even if you don't, what have you been cited for and how do you hope to defend yourself against the citation?

- Carl

 

[AgentSmithers]

Well In defence for the Ticket there are a couple of things Ive done, I bought the book "How to fight your ticket in californa and win" and Im almost done with it, So theres alot of defence on my side about questioning the officer on his experice with the Gun and doing a Discovery Etc Etc.

I Received my Ticket and extended my court date 60 days to the Maximum, Ive appeared for my Arriangment and then said I did not have the Bail amount and the Judge gave me until 4/17/09 which is a HUGE difference in time I belive 6-7 Months from when I recv'ed the Ticket. I wanted to change my Trail to Moreno which would make the Officer's trip close to 3 Hours their and 3 hours back.

The Ticket has Incorrected Insurace information such as Compony name showing the Officer was partly Absent minded as he was giving me the citation. he also said he had me going 97 but put 90 on the Ticket. He gave me a ticket for having the 2009 Sticker in my Glovebox, which is funny cause I was unaware of it being their showing the officer was ticketing me for every little thing he could possable, would help in court with the Judge trying to show the officer was really out to ticket as much as possable. Hoply this will help with some details. Also as a note I took my car to the dealership to get my Spodimator checked out saying that the speed is 100% correct, just to show the judge that I went out of my way to action contest this.

Now the issue was and will basicly give me a huge chance of winning is If i can change the Venue to my county seat giving me a huge advantage, How would i override the Jugdes ruleing in this case?

 

[I_Got_Banned]

Well In defence for the Ticket there are a couple of things Ive done, I bought the book "How to fight your ticket in californa and win" and Im almost done with it, So theres alot of defence on my side about questioning the officer on his experice with the Gun and doing a Discovery Etc Etc.

That IS a GREAT book… However… if this is your first court trial, things will go much faster than you realize… Just an FYI, that’s all!

I wanted to change my Trail to Moreno which would make the Officer's trip close to 3 Hours their and 3 hours back.

Like Carl eluded to, you have no idea where the officer lives… For all you know he might be an hour away or five hours away!

The Ticket has Incorrected Insurace information such as Compony name showing the Officer was partly Absent minded as he was giving me the citation.

As long as it does not infringe upon your ability to defend yourself, and as long as it is not a big huge mistake, it will have no affect upon your guilt or innocence to the court.

he also said he had me going 97 but put 90 on the Ticket.

So he gave you a break… Officers do that a lot of the time… and the testify to it in court too… This will not work against him… Quite the opposite…

He gave me a ticket for having the 2009 Sticker in my Glovebox, which is funny cause I was unaware of it being their showing the officer was ticketing me for every little thing he could possable,

You mean he was ticketing you for every violation you had committed… Which, by the way, is his job!

would help in court with the Judge trying to show the officer was really out to ticket as much as possable.

Would help who? You?

Also as a note I took my car to the dealership to get my Spodimator checked out saying that the speed is 100% correct, just to show the judge that I went out of my way to action contest this.

A speedometer certification by the dealer will most likely be useless in court. If you want to prove your speedometer is accurate -WHICH IS REALLY POINTLESS- then you’d have to take it to a certified testing station (certified by the DMV). But again, this would be useless in helping your defense.

How would i override the Jugdes ruleing in this case?

You can’t override the judge’s decision because you did not ask for the change of venue when you received the citation. That is one of the conditions that you must meet for the court to even begin to consider your request.

Basically, all in all, you have no defense and you are just grasping at straws & hoping for a miracle…

Good luck!

 

[AgentSmithers]

Man I love Insperation =)

I did request for it, Theres gotta be a way to get around it, what stops the officer in this case just denying all change in Venues!

 

[I_Got_Banned]

I did request for it

Oh, I stand corrected... You did request for it...
Well, then when the Judge told you (as you stated in your first post)

The Judge denied it due to the fact he said I had to prove that the Cop was unaware of my request I gave him at the time

Did you tell him "Your honor, I did request for it".... ?

Probably not! My guess is that when you got the citation, you had no clue what "venue" of "change of venue" is... now you're claiming a right to it!

Theres gotta be a way to get around it

When you find it, come back and let us know... OK?

what stops the officer in this case just denying all change in Venues!

... And what's to stop the officer from randomly pulling people over, citing them for violations they did not commit?

You might want to raise that point in court in the presence of the officer and in front of the Judge!

Sad thing is... if the system worked different than it does here in California, you would be paying for a Red Light Ticket Camera too... Anyone in their right mind would count their blessings, pay this one and start driving more carefully...

 

[AgentSmithers]

I_GOT_BANNED I would not mind if you would stop posting replys to this thread.

And Yes I did ask for a change, I did not use the word Venue but the Cop did denye any other place but Blyth itself.

And yes I brought the matter up to the Judge and he did denye it giving me a run around on perpus that I would have to prove it.

Oh and to change the Venue if your Denied is a Notice Of Motion for Change of Venue to County. If you you want to Challange the Judge you can

I_GOT_BANNED you have no helped one bit on this thread and I would really think you reconsider alot of your post from now on considering this information here is Legitmate and you should stop assuming I was really speeding and acting on it, you were on their and have no right to be posting such things on this thread. as for the Red light who said I got out of it? for all you know ive already plead guilty and paid it.

 

[FlyingRon]

Besides even if the cop did live 3 hours away. He's being paid to go to court (including the transit time most likely). A cop buddy of mine said they loved arresting people near the end of their shifts as it got them overtime to finish the processing (dollars for collars).

 

[CdwJava]

Then good luck on your appeals or other hearings.

So, if you DO get it changed, or even if you don't, what offenses were you charged with and what defenses do you intend to raise?

- Carl

 

[CdwJava]

Besides even if the cop did live 3 hours away. He's being paid to go to court (including the transit time most likely). A cop buddy of mine said they loved arresting people near the end of their shifts as it got them overtime to finish the processing (dollars for collars).

Even if not from his doorstep to the courthouse in Moreno Valley, it's likely driving time from Blythe to the courthouse at time and a half if off duty. When I was down south and had to drive to the county seat like that I just made a day of it. I worked my schedule around a run into San Diego proper and enjoyed spending the overtime money.

- Carl