appealing a red light traffic violation legal error?

[potsnpea]

I do go downtown.

I think I can file all the paperwork myself there. I think I just turn in all 3 extra copies and the original at the court house. I don't think I need a third party to serve the paperwork either.

I believe the original is to have no staples in it but the three copies can have one staple in upper right hand corner.

I thought I saw something about a cover but I haven't seen anything in regards to the cover again.

 

[demurringdude]

Regarding service, just do precisely what it says in CR-141-INFO.

Get someone (not you) to serve your brief on the DA, by first-class mail. I recommend doing it registered with delivery confirmation.

Have that person fill out an APP-109 (Proof of Service).

Make a copy of the APP-109 for yourself, in case the court loses the original that you are about to give them.

Take the original APP-109 to the Appellate Division, along with the original of your brief, and also some copies of the brief (at least one).

Hand the APP-109 and the original of the brief to the clerk, and also ask him/her to stamp your copies to show that the original was filed on time.

 

[demurringdude]

I do go downtown.
I don't think I need a third party to serve the paperwork either.

You can file the court copies yourself, but you need someone else to serve the DA and fill out the proof of service.

It's extremely important to get this part right.

 

[demurringdude]

I think your original citation counts as an "Exhibit". The original should therefore be sent in as we discussed. Attaching it to your brief should be fine.

 

[demurringdude]

It probably wouldn't hurt to include the altered citation as an Exhibit. You could have in your Table of Contents

4. Citation handed to defendant.
5. Altered citation presented in Court (copy from Court file).

 

[potsnpea]

I was going to ask if I should put the a copy of the Altered citation in my table of contents and include it in the Brief but you answered the question already for me. Great!

I think I am ready to go out and get print outs, copies and do some foot work.

Thanks again for all your help. I will keep you posted when I have any new developments or if I have any more questions.

I can't tell you how grateful I am for your help.

 

[potsnpea]

I officially had the DA served by certified mail and I filed the Brief at the courthouse. I found the experience to be a lot more friendly now that I am in the main courthouse. The woman at the desk said she would make a note of the fact that my original ticket was in the file and would have the judge or whomever send it back to me when the appeal was done in case I needed to take it higher up. I wasn't sure what she meant by higher up.

So I wait for a possible response from the DA for which I can but don't have to reply to. And then there is the Oral hearing set for Septemeber 7, 2010. I have an option to appear or not appear.

Do you think I should go to the oral hearing. I don't think I have much to say but after going this far I would follow it through to the end if it would help.

Should I go just in case the Judge has any questions?

September is a long ways a way. And if it is not at this point I am kind of hoping it is farther away than not. That will mean summer is over and the kids are already back in school.

Meanwhile I am having to pay payments on this darn ticket as well. Just doing the copies and printouts and sending the stuff certified mail and paying for parking cost me money towards this ticket. Never mind that I have been doing this all in pro per (with some great pointers of course).

I have definitely learned a few things from all this.

 

[demurringdude]

Do you think I should go to the oral hearing. I don't think I have much to say but after going this far I would follow it through to the end if it would help.

Should I go just in case the Judge has any questions?

Assuming the DA does not file a brief, I would suggest you waive your right to oral argument. You have a good case, and it's best to let it win itself. If you show up, there is a risk you might inadvertently say something that weakens your argument. Advise them beforehand so that they don't needlessly schedule a hearing for you.

If the DA does file a brief (not likely), then more discussion would be needed.

Others may have a different view, and I may not be right on this.

 

[potsnpea]

Thanks.
I will wait to see if a response is filed and if it doesn't get filed I will let them know I waive my oral argument.

Even if others have a different view I am going with yours on this round. You have been the most optimistic and I can't tell you how appreciative I am for all your help. If it were not for you I wouldn't have made it this far. I just wouldn't have.

I really feel like I have a strong chance. I know I have also learned a lot by following this through. I actually feel really good about myself. It's been somewhat of a healing on many levels to have had the support to fight this battle and to have gone this far. Truly healing.

I will keep you informed when I get any new news.

 

[potsnpea]

Well I lost. They said they were going to stay with the original courts findings. I don't remember the wording. It took me a while to figure out what it meant. Just two words, but I lost. I went to court and I spoke so I probably said something stupid or they went by what I said and not what I wrote.

Anyways I got a letter today. It is remittiur stating the case is closed and the findings are going back to the loser court and there will be no further proceedings.

They also returned the original violation I had put on file as evidence.

I read that it is a misdemeanor for an officer to do what he did but I imagine he will just get away with it.

I learned a lot about doing an appeal.

The intersection where I got my ticket has now been revamped. The tree has been drastically trimmed. The lights have even been changed and altered. The light on the left hand side of the street that the judge told me I should have at least seen and gone by is now officially an left hand arrow light further confirming to me that you would not go by that light.

It still makes me angry that the officer had the gall to tell the judge he should go especially hard on me because it was in front of a school. A school that was not open by the way.

I think about it and I think how I had my son in my vehicle. I wasn't driving crazy. I am the most conservative driver on the road. I was really watching that day and when I think about it I am angry that that intersection was in the unsafe condition it was. It could have been a danger to my son if one wants to look at it that way.

I am thoroughly convinced that officer was sitting there citing drivers because he knew it was a weak spot. It was a light that was clearly obliterated by an overgrown tree. It was on a turning corner and it was very easy to have missed. I remember looking at the light on the left thinking I don't go by that light but wondering what it was about. Had I seen the bigger light I could have put them together but no goes by the light on the left hand side. They go by the lights overhead and on the right. The left lights are for turning and other things. They sometimes accentuate the main light but you don't go by them.

Anyways. I learned what a corrupt system we have. It can be a money scam all the way.

I wanted to say thank you for your help.

If you have any thoughts on what I can do about the violation of the Vehicle Code 40505 you can let me know. Otherwise I guess it's closure. I've just finished paying off my ridiculously expensive ticket because it has been driving crazy paying payments for the last year. My insurance is higher and I guess it won't drop off for 3 to 5 years. Happy happy joy joy. I lowered my insurance from full coverage to a lower coverage to help me out.

Again thank you for your help.

 

[I_Got_Banned]

Well I lost..

Hmmm. Who would have guessed! Sorry it didn't work out for you!!!

I read that it is a misdemeanor for an officer to do what he did

Where did you read that???

Anyways. I learned what a corrupt system we have. It can be a money scam all the way.

Corrupt?

I disagree... I think the system worked exactly like it is supposed to work. Just because it didn't work in your favor does not mean it is "corrupt"!

As for the "money scam"... You were found guilty in a court of law and were ordered to pay a fine... (and that decision was upheld on appeal)... How is it a "scam"???

If you have any thoughts on what I can do about the violation of the Vehicle Code 40505 you can let me know. Otherwise I guess it's closure.

I'm thinking its "closure time".

Again thank you for your help.

You're welcome. Drive carefully

Oh, and thanks for the update!

 

[potsnpea]

"Any person, including the arresting officer and any member of the officer's department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate or judge to receive a deposit of bail, is guilty of a misdemeanor."

 

[patstew]

Interesting quote, but no cite. Therefore, unconvincing.

 

[Zigner]

Interesting quote, but no cite. Therefore, unconvincing.

V C Section 40500 Notice to Appear
Notice to Appear

40500. (a) Whenever a person is arrested for any violation of this code not declared to be a felony, or for a violation of an ordinance of a city or county relating to traffic offenses and he or she is not immediately taken before a magistrate, as provided in this chapter, the arresting officer shall prepare in triplicate a written notice to appear in court or before a person authorized to receive a deposit of bail, containing the name and address of the person, the license number of his or her vehicle, if any, the name and address, when available, of the registered owner or lessee of the vehicle, the offense charged and the time and place when and where he or she shall appear. If the arrestee does not have a driver's license or other satisfactory evidence of identity in his or her possession, the officer may require the arrestee to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print .

(b) The Judicial Council shall prescribe the form of the notice to appear.

(c) Nothing in this section requires the law enforcement agency or the arresting officer issuing the notice to appear to inform any person arrested pursuant to this section of the amount of bail required to be deposited for the offense charged.

(d) Once the arresting officer has prepared the written notice to appear, and has delivered a copy to the arrested person, the officer shall deliver the remaining original and all copies of the notice to appear as provided by Section 40506.

Any person, including the arresting officer and any member of the officer's department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate or judge to receive a deposit of bail, is guilty of a misdemeanor.

If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer or other officer of the issuing agency, determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate or judge that the case be dismissed. The recommendation shall cite the reasons for the recommendation and be filed with the court.

If the magistrate or judge makes a finding that there are grounds for dismissal, the finding shall be entered on the record and the infraction or misdemeanor dismissed.

Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for dismissal.

 

[I_Got_Banned]

"Any person, including the arresting officer and any member of the officer's department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate or judge to receive a deposit of bail, is guilty of a misdemeanor."

Point is, not only was the amendment that was made to the citation deemed proper, but you were also arraigned on the amended charge (was this not discussed at length in this same thread??? Yes it was!!!! But you elected to only read -and follow through on- those opinions which conformed with yours regardless of how wrong they were).

Had your case been remanded back to the lower court as a result of your appealing on the grounds that a 40505 violation had occurred (assuming you even addressed that issue properly in your appeal), then you can bring up the issue of a 40505 violation... But it wasn't... so give it up already!!!!!