Verified Complaint / Demurrer

[highonboba]

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

Do any of these techniques to have a traffic violation dismissed still work?


My understanding is this:

Demurrer

California Criminal Courts do not have jurisdiction over civil matters - traffic violation.

Verified Complaint

If the Article 6 Judge decides that it does, then he is wrong but I can then proceed to filing a motion for verified complaint which I am entitled to under california penal code 853.9.

The notice to appear DOES NOT serve as a verified complaint if I plead anything other than GUILTY and NO CONTEST.


Is this true?

[Hey There]

highonboba

A Notice to Appear in Ca. IS a valid substitute for a complaint when issued by the officer who observed the complaint or is issued as the result of an accident.
A traffic violation in CA is NOT a civil matter.
Ca. driver violations are covered under the PENAL and DMV codes.
Penal Codes are difficult to interpret sometimes due to the way they are written. They must be read carefully and entirely to get the full meaning. The obvious escapes us sometimes but the code you were quoting from is a PENAL CODE.
There are several sites on the internet which have information on contesting a CA. traffic ticket depending on the violation you've been cited for. Google--Help! I Got A Ticket!
Typing in Key Words on Google such as Traffic Tickets--
Fight Your Ticket and Win--Speeding Ticket FAQ--etc. will bring up websites with information on how to contest a traffic ticket.

At arraignment a demurrer can be filed for a photo camera red light ticket, only because the officer wasn't present to issue the citation.

The D.A. doesn't appear in court for traffic infractions.

What VC were you CITED for?

Best Regards,
Hey There

[highonboba]

Thanks for the reply. I was cited for a 22349(a) infraction.

[Zigner]

Keep your questions in your original thread please:

http://forum.freeadvice.com/showthread.php?t=419051

[Hey There]

highonboba,

In Ca. a driver can request Discovery. Forms and instructions can be found on Help! I Got A Ticket! to send one to the D.A. and the same form can be modified to send one to the officer as well.
Basically The driver prepares a form requesting Discovery which consists of the officer's notes, a video if one was made ,and in the case of radar, calibration records etc.
The Driver gives copies of his informal discovery request to a friend who puts them in an envelope, seals it, and mails one copy certified, return receipt, to the D.A. and one copy to the officer who cited him.

CA. also has trial by declaration. Forms to do this can be obtained from a court clerk, Help! I Got A Ticket! etc.
The Trial by Declaration is a written statement by the driver stating why he is not guilty of the violation he was charged with. If the judge rules against him the driver can ask for a new trial if he does it within 20 days after the clerk mails the decision.
So there are quite a few options here and a number of sources for information.Speeding Ticket--Fighting or Plea Bargainingis is one source that lists how a radar reading can be wrong.

A local library may also have a book published by NOLO on contesting a traffic ticket in CA. with forms in the back for Discovery etc. which can be copied.

Let us know how this goes.
Best Regards,
Hey There