Denial of Change of Venue (VC40502b)

[evans_300c]

I got a speeding ticket at Marin County, CA. When I request a change of venue from the clerk of court, she denied my request saying that only juvenile is eligible for this. I believe this excuse is ridiculous. The court administratives at Marin County are very unhelpful.

Does anyone know how to get around with this? Any advice/help is truly appreciated. Thanks!

 

[Zigner]

I got a speeding ticket at Marin County, CA. When I request a change of venue from the clerk of court, she denied my request saying that only juvenile is eligible for this. I believe this excuse is ridiculous. The court administratives at Marin County are very unhelpful.

Does anyone know how to get around with this? Any advice/help is truly appreciated. Thanks!

Your request was denied - what is there to get around???
Pay the ticket, or travel to Marin County to fight it in court. Your choice.

 

[CdwJava]

The court does no thave to give you a reason why it denied your request.

But, you also cited a section that is irrelevent after the fact.

Note ...

CVC 40502 The place specified in the notice to appear shall be any of
the following:

(b) Upon demand of the person arrested, before a 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 magistrate nearest or most accessible to the
place where the arrest is made.

This option is to be taken before the officer issues you the citation. At the time of the citation you may request to be seen by a magistrate (judge) at the county seat rather than the local court house. This can be important in some larger counties. In the smaller one, it can be moot as there may only BE one courthouse.

- Carl

 

[evans_300c]

Ya, I didn't know I have such right at the moment of arrest. Am I still able to request one at this time?

Thanks!

 

[poppakeith]

Ya, I didn't know I have such right at the moment of arrest. Am I still able to request one at this time?
Thanks!

In the quest for justice you have legal avenues to follow, but requesting a variation from established administrative practices requires citations of law applicable in the locale involved. Likely you will require a lawyer in your employ for this purpose. A change of venue for purposes of your convenience alone may not be possible. Administrators will not tell you if it is or not....and are not compelled to advise you on matters of law.

 

[CdwJava]

Ya, I didn't know I have such right at the moment of arrest. Am I still able to request one at this time?

Thanks!

You can make the request, but they are under no obligation to grant it.

Check with the local court, there is usually a format they have for requesting a change of court within the county ... IF there is more than one traffic court in your county.

- Carl

 

[Pugilist]

For more info try looking in the book Fight Your Ticket, by David Brown, available at your local library.

And, no, I am not the author of that book. If I was, I would be directing the OP to a bookstore, to buy my book, not to a library where he can get it for free.

Pug