How I Beat A Cell Phone Ticket In California
By Martin Hill
LibertyFight.com
4/24/09


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In this classic interview, which was conducted on July 1, 2009, Martin Hill of LibertyFight.com & Christie Czajkowski Discuss Fighting Traffic Tickets, Filming Cops, & The U.S. Police State. It is a very entertaining and comprehensive program. All the vids are embedded on one page here, but here are the individual links:

UPDATE 7/18/12:
Wow, this is one of the most frequently visited pages on my website. Those cops must be giving a heck of a lot of cell-phone tickets. Chances are that if you're on this page, you have been issued a citation for talking on your cell-phone. If this is the case, I highly recommend you fight it. I'm not a lawyer and don't give advice, but rather simply share my own experiences. Below is the story of how I beat my cell-phone ticket in 2008. The good thing about a cell phone ticket is that it is not a 'moving violation' and doesn't add a point to your DMV record. You have nothing to lose by fighting it! Whatever you do though, do not be a moron and forget or miss your court date. If you do that, you will be charged with a more serious crime ("failure to appear") and a warrant could be issued for your arrest, along with increased fines. After you get your ticket, you can get extensions as the court allows prior to your arraignment (your first court date), and then you may opt for a TRIAL BY DECLARATION (a trial through the mail). If you lose the trial by declaration, you are entitled to a brand new trial in person (called a trial de novo), so you have nothing to lose by doing it. Plus, the cop who issued you the ticket (who is the witness for the prosecution) has to take his time to fill out the paperwork in response to your declaration. Unlike in-person court trials, the cop doesn't get paid overtime to fill out his declaration. If the cop doesn't fill out the response to the court, the charge will be dismissed, as in the case of my friend John Shanahan who has beaten five tickets through the mail! You can see the details of all these cases along with the court documents here. Also, be sure to visit our TRAFFIC TICKET ARCHIVE PAGE. Best wishes and remember to fight for liberty! Don't let the revenue agents steal your hard-earned money, and may God bless you and your families.

On the first day of July 2008 I received a 'cell phone ticket' from a cop who felt it necessary to use his siren to pull me over. It was the first day the law went into effect, and police throughout California didn't waste any time searching for offenders. The officer came to my car window and asked if I had forgotten to buy my headset or if I had not seen the reminders that the law went into effect today.

I had a brief conversation with the officer and informed him that I will never wear a flashing electronic device attached to my head, that government has no authority to dictate such things, and furthermore, that government has no authority to dictate who, how or when I speak with somebody. I told him that i was aware of the law, but I reject the law as invalid and tyrannical, and that I would fight the ticket in court. It was an amiable conversation; I was not fighting with him, but merely stating a plain case. He insisted in reply that he thought the law is great and that it "save lives", which is a completely baseless and unproven contention. I contended that the law, officially known as Hand-Held Wireless Telephone: Prohibited Use , was unconstitutional.

The fact that something is at odds with the constitution rarely sways the establishment, though, so my gameplan was that if I did not win on those grounds, as was my primary preference, I would win by drowning them in their own procedural paperwork. There is an excellent treatise on the unconstitutionality of cell phone laws, which was filed in a case out of New York a few years ago. The defendant in New York lost her case, but the arguements seem valid nevertheless. As I outlined in a previous article, there are plenty of reasons why everyone should fight their traffic tickets.

If someone wants to fight their cell phone ticket, the first thing they must understand is that as with any ticket, we are entitled to the presumption of innocence. You may have indeed been talking on your cell phone, but it is incumbent upon the state to prove their case. If they want a hundred or more dollars from you, as they did with me for the mere crime of answering my wifes phone call, you may as well make them work for it!

[RELATED: Cell phone ban does not reduce accidents: California revenue scheme exposed as complete fraud]

The first thing I did when the cop wrote the ticket was demand a 'change of venue'. In California, as per the vehicle code, if a person lives or works closer to the "county seat" (the main courthouse in whatever county you're ticketed in), you can demand the county seat as the location if you ask for it prior to signing your ticket. You don't have to ask for it if you don't want to, but generally it will force the cop to drive farther, out of their way. That is why I always demand it. The officer in my case actually didn't know what the county seat was, and was not familiar with 40502(b), so I told him to call his watch commander, who would explain it to him. He did so, and proceeded to give me the 'county seat' as required by law (if you demand it).



Once you request the county seat and sign the ticket, you are required to appear at your arraignment. Your "promise to appear" date is written on your ticket. Your ARRAIGNMENT is simply a first court appearance in which you plead guilty or not guilty. You can generally do this over the phone with the court, or any time prior to the date by simply going to the clerk's window. This saves time. I always get the maximum number of extensions (over the phone) prior to my arraignment date. In most cities, you can do this over the phone. Dragging it out is a key step, as it seems to make the officer forget about the court date. Since the officer serves as the sole witness for the prosecution, if he doesn't show up the case will likely be dismissed. Sometimes judges will try to reschedule the trial, but if you know your rights, you will not agree to a postponement.

What happened next in my particular case [See below] is not relevant to your issue and is not necessary reading in order for you to fight your ticket, but it is a true example of how one must be steadfast in fighting the statist nonsense if one is dedicated to advocating an accountable, limited servant government.

I got my court arraignment date after a few extensions (always get extensions, it always helps.) I pled not guilty and got an "own recognizance" (bail waiver) to avoid paying the scum $93 bucks 'bail'.
[Note: Be sure to read my other articles about DISCOVERY, and TRIAL BY DECLARATION, as these are very simple steps you can opt for which increase your chance of winning.]

I then filed a ''discovery request'' with the local D.A. In a traffic infraction case, this is an informal process which involves sending letter (certified with a return reciept, if you're smart) to the D.A. who is prosecuting the case. Although the D.A. never shows up to traffic cases personally , at least as far as I have seen, they are indeed the prosecutor and must comply with your discovery request. This is part of our basic due process, your right to examine all the evidence against you.

I showed up to court April 24th for my trial, and the dumb-as-a-rock socialist pig cop, who had explained at the time of the ticket that he loved the cell phone law because 'it saved lives' (complete nonsense) did not show up. Probably for a number of reasons:

1. Nearly a year had gone by since he wrote the ticket
2. I had subpoenaed all sorts of stuff to make it hard on him
3. Traffic tickets must be adjudicated within 45 days of arraignment, and since I had appeared for arraignment 9/12/08, it had long been past 45 days. Despite the fact that the pig clerk and her pig supervisor claimed that they were not obligated to let me see the judge that day, I am sure that is complete nonsense and that I would have certainly won even if the pig cop had shown up.

By the way, if anyone resents the fact that I refer to all these scum as 'PIGS', too bad. A spade is a spade and a pig is a pig. Do more research and you will realize that we live in a literal satanic inspired police state. We must all fight with everything we have to resist this evil tyranny which has envloped our nation on every level. That is why I fight traffic tickets and every other sort of evil oppressive tyranny that the state and it's loyal servants employ.


It is such a great feeling when you beat these things that I always encourage others to do so. Many of my friends, all of whom had never fought a ticket, have fought and won in court at my suggestion. A few sites I highly recommend are HelpIGotaTicket.com. This is the free informational site where I learned all this stuff. It is a top notch website, whose editor Geo McCalip should be applauded. Also, see HighwayRobbery.Net: Everything you ever need to know about fighting red light camera tickets.

Please remember that i am not a lawyer, nor would i want to be. "Woe to you lawyers also, because you load men with burdens which they cannot bear", Luke 11:46

Glory to God in the Highest.

Here is a video I made at the court: How I Beat A Cell Phone Ticket In California


NOTE: Here are some more details of what happened in my particular case. In my case, the crooks did something untoward. When I got the notice in the mail for the court date, I saw that the Azusa police had not filed the ticket with the Los Angeles County Seat as was written on the ticket, but rather had gone ahead and filed it with their local court in West Covina, about a mile away from their police station. So, I sent them a nice letter explaining that the West Covina court had zero jurisdiction in the matter, and that they are to file the ticket with the proper court as per the CA vehicle code. Otherwise, I explained, I would file a civil rights lawsuit against them in 5 days, for violation of my due process, tampering with evidence and altering an official document. I sent this letter certified mail with an (electronic) return reciept, to prove they got it. Whad'ya know, without any response to me, they magically saw the light and changed it to the proper court: L.A. County Seat Courthouse, on Hill Street.

However, they had done so too late. When I showed up for my court date on 9/12/08 at the Los Angeles County Seat court on Hill Street as promised on the citation I signed, the shrew of a court clerk (a really very power-starved, nasty and unprofessional woman) had the gall to refuse to let me see any judge for my arraignment because, as she put it, 'we have no record of this ticket'. I told her that wasn't my problem, showed her the citation, and demanded to see a judge as lawfully required on my promise to appear. She said NO. I called her supervisor and he was at lunch. She asked me to sign what she called a 'TRACER', & said the court would contact me if they found the ticket. So I went home.

About 3 weeks later I recieved a notice stating that my license was being suspended, that there was a warrant out for my arrest, and that the fine had increased from $93 to almost $1000, because a 'FAIL TO APPEAR' had been issued.

Can you IMAGINE the consciousless evil of such satanic filth who would dare pull such an affrontive operation? I have already known for years that government is unspeakably corrupt, which is one reason I always fight tickets, but words can not describe the anger when I recieved this letter.

I reached the court supervisor by phone to detail this outrageous fraud and demanded he remove all these phony charges immediately, which, to his credit, he did. After all that, I had my court date as I explained above, and won.

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, RomanCatholicReport.com, WorldNetDaily, OverdriveOnline.com, Educate-Yourself.org, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, 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.

"Traffic rules account for most of the contact by average citizens with law enforcement and the courts. Enforcement of laws which are widely perceived as unreasonable and unfair generates disrespect and even contempt toward those who make and enforce those laws." The Appellate Department, in People vs. Goulet

But he said: Woe to you lawyers also, because you load men with burdens which they cannot bear and you yourselves touch not the packs with one of your fingers.
Luke 11:46

How I Beat A Cell Phone Ticket In California

The article below is one that The Press Enterprise interviewed me for. Unfortunately it had a grossly misleading & innacurate headline:
In Inland area, more accident-reducing red-light cameras on the way August 3, 2008
My explanation of the above article and interview is here: Opposition to red light cameras: a personal view

The Fraud of Seat Belt Laws:
Traffic Deaths Decrease 10+ Percent For Those Not Wearing Seat Belts. (Govt Report)

CHECKPOINTUSA.ORG (Excellent site!].

COPS ARE UNDER NO OBLIGATION TO PROTECT ANYONE.

Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone
[http://www.nytimes.com/2005/06/28/politics/28scotus.html]

CALIFORNIA DREAMING: Police have no obligation to protect any individual from harm

POLICE ADMIT PLANTING GUNS AND DRUGS IN CARS, LAUGH ABOUT IT

The Brett Darrow Case
Brett Darrow is a 20 year old from St. George Missouri, who decided to mount a video camera in his car after getting some traffic tickets. Watch the bizzare series of events that unfolds in September 2007 when Brett politely invokes his God given rights to privacy and Constitutional protections. Sgt. James Kuehnlein became outraged and began screaming like a lunatic, berating and threatening Darrow, saying he would find '9 different charges' to lock him up on. Darrow later posted the video online where it got international attention, and Sgt. Kuehnlein was promptly fired. Darrow had an eerily similar incident happen to him in December 2006, when he politely invoked his rights and told a cop at a checkpoint that he did not want to discuss his personal life. Both these are must-see videos. Kudos to Brett Darrow for standing up for his unalienable rights and privacy. We can all learn from him.

CA introduces "AB 666", an evil scheme to fleece motorists and eviscerate their rights 3/25/13 [Featured on WhatReallyHappened.com, Rense.com , Economic Policy Journal , and RomanCatholicReport.com. I was a guest on Dr. Kevin Barret's radio show Wednesday March 27th, 2013 discussing the article and related issues. The MP3 can be heard here (2nd hour.)
Also see: Oppressing the poor and defrauding a laborer of his just wages: "sins that cry out to Heaven for vengeance"
Pope St. Leo I condemns "unrighteous and shameless avarice," and explains that "usury of money is the death of the soul." Comments can be posted in the guestbook.

Martin Hill on GCN Live with 2004 Libertarian party Presidential Candidate Michael Badnarik 1/28/09 discussing fighting traffic tickets
Audio here. See also [Show Notes 1/28/09- A good resource].

Martin Hill with Christie Czajkowski of TruthBrigade.org 3/11/09 discussing fighting traffic tickets

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How I Beat A Cell Phone Ticket In California

Cell phone ban does not reduce accidents: California revenue scheme exposed as complete fraud

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