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Of course it is the right of anyone ticketed in California to have their day in court, to plead not guilty at their arraignment, to contest the charges, and to opt for a trial if they want one. In California, everyone also has the right to what's called a TRIAL BY WRITTEN DECLARATION- a trial through the mail. This is California law, under Vehicle Code Section 40902. If they lose their trial by declaration, they have what's called the right to a trial de novo- a brand new trial in person. This is all outlined in basic California law. In our archives, we have the cases of John Shanahan who has beaten five tickets through the mail (court documents included.)
In this short interview below, we spoke to a southern California woman who had received a cell-phone ticket in Azusa, CA and opted to fight it. She first got two extensions as allowed by the court, which postponed her court date nearly a year. (We reported previously on the fact that some courts in L.A. County were giving nearly year-long extensions due to budget constraints.) Lisa-Marie then went to the West Covina, CA courthouse a week before her due date to present her trial by declaration form, TR-205. The court clerk told her that it was 'not permitted' because she had gotten extensions and also because of budget constraints.
The notion that a meager court clerk, essentially a government slug/ county paid welfare recipient could dictate to residents that they are "not entitled to a traffic trial" is so outrageous and criminal that these people should literally see prison time. It is a violation of the state and federal constitutions, a violation of basic due process, and an egregious civil rights abuse.
Furthermore, this is not the first case I have been made aware of personally in this regard. More than one court is telling witless defendants that they don't have a right to a trial and that they just have to 'pay the fine.' DO NOT EVER LET ANY COURT CLERK TELL YOU THIS.
On their website, Los Angeles Superior court posted their Court Consolidation Plan, closing traffic trials at several courts because of a "significant budget shortfall." This is even better reason for everyone to plead not guilty to traffic tickets and take advantage of this predator revenue-agent government's weaknesses.
Every person has a right to ask for extensions prior to their arraignment date. Most courts will grant them, some will not. But it is defenintely the right of everyone cited to opt for a trial. No clerk at any court, anywhere in California or America for that matter, has the right to tell you that "you must just pay the fine." I can only imagine what my reaction would be if someone tried to say that to my face.
I have been fighting and beating traffic tickets for many years. I have won in California Superior Court of Appeals, without a lawyer. Municipal courts across the country, government agencies of all stripes, and police departments visit my traffic ticket archives regularly. I also beat a cell phone ticket issued to me on the first day the silly law went into effect (July 1, 2008). This is why I encouraged my friend Lisa Marie to fight her cell phone ticket. And she would have beat it too, if the court hadn't blatantly violated her due process rights.
If anyone has any court clerk tell them that they can not have a trial or that they can not see the judge, I want you to contact me immediately. Get the person's name, their supervisors name, and we will be sure they are prosecuted criminally.
The West Covina Courthouse is located at 1427 West Covina Pkwy, West Covina, CA 91790. The Court's Administration number is (626) 813-3223. Their traffic line is (626) 813-3204. Their fax # is (626) 480-0454.
Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, The Orange County Register, KNBC4 TV Los Angeles, The Press Enterprise, LewRockwell.com, WhatReallyHappened.com, Infowars.com, PrisonPlanet.com, Economic Policy Journal, FreedomsPhoenix, Haaretz, TMZ, Veterans Today, Jonathan Turley blog, The Dr. Katherine Albrecht Show, National Motorists Association, AmericanFreePress.net, RomanCatholicReport.com, WorldNetDaily, OverdriveOnline.com, Educate-Yourself.org, TexeMarrs.com, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, Pasadena Weekly, ActivistPost.com, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640, IamtheWitness.com, Redlands Daily Facts, BlackBoxVoting, The Michael Badnarik Show, The Wayne Madsen Report, Devvy.com, Rense.com, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, CopBlock.org, DavidIcke.com, Whittier Daily News, KCLA FM Hollywood, The Fullerton Observer, Antiwar.com, From The Trenches World Report, and many others. Archives can be found at LibertyFight.com and DontWakeMeUp.Org.