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  1. #1
    Sandy Guest

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    I posted this about 3 weeks ago and didnt received any response, so I will try again.
    I got a traffic cones pattern ticket about 3 weeks ago. The code is CVC 2818.
    I received new info because I ran into that same policeman that gave me the ticket a week ago. He told me that on the 2 way street, the right lane is closed due to the semi truck being stuck and they used traffic cones to close off the right lane. The left lane is open for the incoming traffic. What they did was put 3 cones at the beginning of the road and put a small truck behind the cones. Farther up the street is a police car and a semi truck. There is a policeman standing on the left side directing the traffic. I saw a truck turning into the right lane and went around the truck. The policeman waved him through and I followed him. There was also 10 other cars in front of me and we all got a ticket. It was a very misleading representation and the policeman told me that they set it up to protect the policeman whatever that mean. I am planning on pleading not quilty and try to get this case thrown out. There was no detour sign or anything and plus I lived on that road.
    Does that sound like I can get this thrown out? Thanks!
  2. #2
    I AM ALWAYS LIABLE Guest
    <BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Sandy:

    I posted this about 3 weeks ago and didnt received any response, so I will try again.
    I got a traffic cones pattern ticket about 3 weeks ago. The code is CVC 2818.
    I received new info because I ran into that same policeman that gave me the ticket a week ago. He told me that on the 2 way street, the right lane is closed due to the semi truck being stuck and they used traffic cones to close off the right lane. The left lane is open for the incoming traffic. What they did was put 3 cones at the beginning of the road and put a small truck behind the cones. Farther up the street is a police car and a semi truck. There is a policeman standing on the left side directing the traffic. I saw a truck turning into the right lane and went around the truck. The policeman waved him through and I followed him. There was also 10 other cars in front of me and we all got a ticket. It was a very misleading representation and the policeman told me that they set it up to protect the policeman whatever that mean. I am planning on pleading not quilty and try to get this case thrown out. There was no detour sign or anything and plus I lived on that road.
    Does that sound like I can get this thrown out? Thanks!
    <HR></BLOCKQUOTE>


    My response:

    Here's what your ticket is all about:

    California Vehicle Code section 2818:

    "2818. It is unlawful to traverse a flare pattern, cone pattern, or
    combination thereof, provided for the regulation of traffic, or
    provided in any situation where public safety personnel are engaged
    in traffic control or emergency scene management."

    Now, you can pay the small fine, plus enhancement fee, or prior to your court appearance, you can "gum up" the system (see below) and get the court frustrated enough to just throw the case out (You'll need to put the following on "Pleading Paper" and file it with the court before your arraignment date)

    HERE'S WHAT I DO:

    SAMPLE MOTION FOR A VERIFIED COMPLAINT - TRAFFIC TICKET
    This sample motion I use every time I get cited. Why, because if the State of California is going take me to court, attempt to prosecute me and attempt to extort a fine from me, well damnit, they are going to have to play by the rules! You see, you don't HAVE to accept the citation!! Demand a verified complaint! Make the local prosecutor do his job. If he won't, demand dismissal based upon lack of prosecution. Make the state, county, city and public prosecutor earn that fine! In other words ... 'just say no.'

    JOHN CONSTITUTION
    2468 Ventura Blvd.
    Encino, California 91436
    Telephone: (XXX)XXX-XXXX
    Attorney for the Accused/Defendant
    JOHN CONSTITUTION, In Propria Persona

    MUNICIPAL COURT OF THE VAN NUYS JUDICIAL DISTRICT
    COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
    LOS ANGELES POLICE DEPARTMENT; and JANE DOE POLICE OFFICER,
    Plaintiff,
    vs.
    JOHN CONSTITUTION,
    Accused/Defendant.
    _____________________________________
    UNKNOWN REAL PARTY IN INTEREST.
    Case No.: 123345
    NOTICE OF MOTION AND MOTION BY THE ACCUSED FOR A VERIFIED COMPLAINT; POINTS AND AUTHORITIES IN SUPPORT THEREOF

    Date : ____________
    Time : ____________
    Div. : ___
    The above_named Accused/Defendant, JOHN CONSTITUTION (hereinafter referred to as "the accused'), demands a verified complaint on the above_entitled action. The following points and authorities are submitted in support of this motion:
    I.
    A "NOTICE TO APPEAR" IS A CIVIL PROCEDURE
    On ___________________, the accused signed a "Notice to Appear", as referenced in Vehicle Code 40500. Notice to Appear is defined in Blacks Law Dictionary (6th) as:
    /////
    "Notice to appear. Shorthand expression for the form of summons or order of notice in which the defendant is ordered to appear and show cause why judgement should not be entered against him. Federal Rules of Civil Procedure 4 (b)."
    Thus a Notice to Appear is a civil procedure. No where on the instant "Notice to Appear" does the "People of the State of California" appear, which would indicate a public offense.
    California Government Code 100 reads:
    "Sovereignty in people; Writs and processes
    (a) The sovereignty of the state resides in the people thereof, and all writs and processes shall issue in their name.
    (b) The style of all process shall be "The People of the State of California," and all prosecutions shall be conducted in their name and by their authority."
    II.
    A VERIFIED "COMPLAINT" MUST STATE WHETHER IT IS CIVIL OR CRIMINAL AND, IF CRIMINAL, MUST BE PROSECUTED IN THE NAME OF THE PEOPLE OF THE STATE OF CALIFORNIA
    Only a verified complaint, listing the action and parties involved, can clarify:
    a. Whether this is a criminal or civil action.
    b. The name of the plaintiff in this action.
    c. The nature of the proceeding.
    Amendment VI of the United States Constitution states:
    "In all criminal prosecutions, the accused shall enjoy the right . . . , to be informed of the nature and cause of the accusation . . ."
    In addition, California Penal Code 684 reads:
    "A criminal action is prosecuted in the name of the people of the State of California, as a party, against the person charged with the offense." (Emphasis added)

    III.
    A "NOTICE TO APPEAR" IS NOT A VERIFIED COMPLAINT
    The Notice to Appear is not verified; the accused has the right to ask that a verified complaint be filed. The signing of a notice by the aforenamed officer under penalty of perjury that the offense occurred does not constitute a "verified Notice to Appear" to be used as a verified complaint.
    Black's Law Dictionary,(6th) edition, defines verify (verified):
    "Verify. To confirm or substantiate by oath or affidavit. Particularly used of making formal oath to accounts, petitions, pleadings, and other papers. The word "verified," when used in a statute, ordinarily imports a verify attested by the sanctity of an oath. It is frequently used interchangeably with "sworn"."
    California Code of Civil Procedure 2009 states:
    "An affidavit may be used to verify a pleading or a paper in a special proceeding, to prove the service of a summons, notice, or other paper in an action of special proceeding, to obtain a provisional remedy, the examination of a witness, or a stay of proceedings, and in uncontested proceedings to establish a record of birth, or upon a motion, and in any other case expressly permitted by statute."
    The wording of California Vehicle Code 40513(b) states:
    "If the notice to appear is not verified, the defendant may at the time of arraignment, request that a verified complaint be filed." (Emphasis added)
    The wording of California Penal Code 853.9, is very specific and states:
    "If, however, the defendant violates his or her promise to appear in court, or does not deposit lawful bail, or pleads other than "guilty" or "nolo contendere" to the offense charged, a complaint shall be filed which shall conform to the provisions of this code and which shall be deemed to be an original complaint; and thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear. This comes after the notice to appear is established as a complaint to which the accused may enter a plea to."
    To use the Notice to Appear as a complaint it must have the same qualifications as a verified complaint:
    "Verification. Confirmation of correctness, truth or authenticity, by affidavit, oath or deposition . . . For example, a verified complaint typically has an attached affidavit of plaintiff to the effect that the complaint is true." (ibid, Black's Law Dictionary 6th Edition) The certified notice to appear with the officers's "signature" under penalty of law constitutes only certification, and only "certifies" to what was written
  3. #3
    Guest
  4. #4
    reg Guest

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