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Resistance See other Resistance Articles Title: An Easy Way To Beat a Traffic Ticket (Great premptive measure) I've personally used this particular tactic twice with success. This is a preemptive meassure, it's not arguing the merit of the charge. If the cop shows up to the county seat, which is unlikely, then you will fight the ticket which you planned on doing anyway if you pled not guilty. So nothing is lost. Here's what you do. My wife and I were driving to Palm Springs a few yrs ago and this CHP motorcycle cop pulls me over, claiming I was doing about 85MPH (which may or may not have been true; since the state failed to convict me I suppose we'll never know, eh? ;-D. Who the hell goes 65 in the middle of nowhere anyway. So I say "I'd like to request the county seat". (Actually it's not technically a 'request', it's a demand, they have to give it to you, as per the California Vehicle code). The local court that he had checked on my ticket was close to Palm Springs, but after my request, he had to scratch that one out and write in the county seat, which in this case was in the city of Riverside. Palm Springs is in Riverside County, but is pretty far from the actual city of Riverside. Probably at least an hour to the west in morning traffic. About 6 months ago I was talking with some customers at work and we started chatting about politics, 9/11, and liberty in general. I tell them about how to fight petty tyrannies such as what I refer to as revenue (traffic) tickets. So I tell the guy about this premptive measure. I'll be damned if he doesn't get a ticket the very next week and he calls me up. Surprisingly, he says he remembered the advice and he told the cop he'd like to request a county seat. He had gotten a ticket in Rancho Cucamunga CA and asked for the county seat, which in this case is in the city of San Bernardino. He said the cop got mad, angry and huffy with him. 'WHY DO YOU WANT THAT?' the cop demanded. The cop relented (because he had to) and gave him the county seat. The reason the cop was mad is that the ordinary traffic court for tickets in Rancho Cucamunga, is in the city of Rancho Cucamunga itself. This change of venue greatly inconveniences the cop, who then has to drive much further, pay for more gas and time in traffic. My friend called me up a few weeks ago and told me the cop didn't show up. Case dismissed. Not one dime paid, not one hour sitting through b.s. 'traffic revenue school'. It was a great feeling to have helped someone learn how to beat the system. It made my day. Better than any football game victory or any other such trivial nonsense. When I got that ticket in Palm Springs my wife insisted that I was guilty of speeding. But you WERE speeding!' Sure honey, of course I was. We're in the middle of freaking nowhere on a beautiful sunny day. No one goes 65 out here. But this is MURIKA, and it's incumbent upon the state to PROVE I'm guilty. Once again, they came up short. Happy Driving. I learned this info from the great free website, helpigotaticket.com/: In California if you live or work closer to the county seat than to the court which would normally have jurisdiction, you may demand a change of venue to the county seat per California Vehicle Code section 40502(b). 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 court or other magistrate nearest or most accessible to the place where the arrest is made. The ideal time to make the demand is before the officer writes the ticket, but you may legally make the demand any time before signing the ticket. (When an LA County deputy refused to give Geo. McCalip a change of venue, Geo. signed the ticket, "40502(b) Under Protest Geo. McCalip." This forced the judge in Compton to reassign the case to LA Metro (downtown LA), where the case was dismissed at arraignment). The court has held that once you make the demand, if you meet the residency or employment qualification, the jurisdiction shifts to the court at the county seat (Smith v. Glendale Municipal Court, 167 CalApp2d 534). While this can work in your favor (if, for instance you are stopped in the North end of the Antelope Valley, far away from LA), it can also work against you. The officer can send the ticket to any court in the county seat (e.g., San Pedro or West LA instead of Van Nuys or LA Metro) per People v. Beltran, 124 CalApp 3d 335.
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#1. To: All, robin, farmfriend, anyone else in CA who doesn't lick jackboots (#0)
"I don't know where Bin Laden is. I truly am not that concerned about him" Ain't gonna help me much since I live in the county seat.
it will help if you're going somewhere. Say you live in L.A. and are in Orange county. bingo. or are driving through ventura.
"I don't know where Bin Laden is. I truly am not that concerned about him" You are talking three different counties there. You only get the county seat for the county the ticket is in.
Good work Artisan. If even 30% of people receiving tickets bothered to use all their appeals, the system would grind to a halt, making tickets a costly venture for local government.
right. for example, above in palm springs, if you dont live in palm springs, and are driving in palm springs, you will get the county seat which is in riverside. the cop from pam springs will then have to travel to riverside. it doesnt matter where you or he lives. he will have to travel, and is too lazy to do it. case dismissed. The concept is that you can make the cop travel regardless of whereever you are. evenif i live in LA county, LA County is huge, and so therefore it is likely that i can make the cop travel to a locale that he wouldnt ordinarily have to travel to. This aint theory, it's practiced, i do it all the time. piece of cake. Now i also win when the cop shows up, but that's another story.
"I don't know where Bin Laden is. I truly am not that concerned about him" thanks. This is an easy thing that anyone can use. people are dumb and lazy and submit too easily. This tactic is very easy to use and to understand. Still, very few will use it. I was told that only one percent bother to fight tickets. Many of those who do are well intentioned, and I commend their spirit of resistance, but they fight the tickets in the wrong way and lose., like I used to do. since i learned how to fight them i've never lost since.
"I don't know where Bin Laden is. I truly am not that concerned about him" |
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