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Change of Venue Question

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imtheflash

Junior Member
Hi All...

I live in Alpine CA (san diego county). I was pulled over in riverside county in the city of Blythe CA for allegedly not coming to a complete stop at a stop sign. Blythe is about two and a half hours from my home, so I requested (prior to signing the ticket) a change of venue to the county seat of my residence. The officer said he did not have any control over that. I asked a second time and he said I have to take it up with the court. And I asked "so your telling me I don't have the right to a change of venue", he said "I don't know, I've never heard of them changing it to somewhere that far away, they aren't going to pay me to go all the way to san diego." So to get a clear answer from him I said "so your telling me no to a change of venue?" he said "yes". I have two witnesses in the car.

I signed the ticket and was on my way.

How should I proceed?
 


CdwJava

Senior Member
CA law requires the officer allow a change to the county seat of the jurisdiction where the incident occurred. So, the officer could have written you to appear in Riverside as opposed to Blythe. San Diego is a different county so he could not have required you to appear there.

If you want to request your arraignment be moved to another location within Riverside County here is the link to the Riverside Traffic Courts:

http://www.riverside.courts.ca.gov/traffic/traffic.shtml

And while the officer is legally required to move the location to the local county seat at your request, his failure to do so does not absolve you of liability for the offense.
 

imtheflash

Junior Member
quite right

my apologies i mistated.... temecula is where i want to go to court as it is way closer than blythe...... temecula is in riverside county. So how then do I proceed?
 

CdwJava

Senior Member
my apologies i mistated.... temecula is where i want to go to court as it is way closer than blythe...... temecula is in riverside county. So how then do I proceed?
Temecula is also not the county seat. The ONLY place the officer could have cited you into was the Superior Court in Riverside (which normally does not hear traffic matters there).

Contact the traffic court and ask that they transfer it to Temecula ... if they will.
 

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