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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).
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.
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
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.
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:
CHECKPOINTUSA.ORG (Excellent site!].
COPS ARE UNDER NO OBLIGATION TO PROTECT ANYONE.
Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone
Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone
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.)
Martin Hill with Christie Czajkowski of TruthBrigade.org 3/11/09 discussing fighting traffic tickets
You may contact me here.
Historical details reemerge: U.S. Government supplied 10 Million rounds of ammo, 10,000 Enfield Rifles, military planes & tanks to Slaughter tens of thousands of Catholic Freedom Fighters October 17, 2013
U.S. Dept of Defense Googling "how many people have registered their gun under the ny safe act"
Rand Paul on Israeli groups: "I visit with them daily" August 13, 2013
200,000 RFID-chipped patrons enjoy slave-training at Zionist-run Lollapalooza in Chi-town
Coast to Coast "pulls it"- cancels scheduled conspiracy show after Dr. Kevin Barrett query August 2, 2013 [Featured on Veterans Today.]
Why People don't file complaints against police civil rights violations July 28, 2013 [Featured on WhatReallyHappened.com.]
U.S. Government funding the very groups who are killing Christians July 14, 2013
In civil rights lawsuit, police admit "The passenger is under no obligation to comply with request" for ID
As Press Fades, L.A. Motorists Start Paying Red-light Camera Tickets Again (Even Though They Don't Have To.)
This is what happens when a big rig driver falls asleep: Exclusive video and photos of wreckage - Massive July 4th Crash: Demolished Vehicles, Avocados Everywhere
Martin Hill's DontWakeMeUp.org Featured in Major Trucking Magazine:
California Motorist beats 5th Seat-Belt Ticket Through the Mail
With New Federal 'Rest Rules' Taking Effect July 1st, Feds questioned on why they already violate existing rules 6/18/13
Jews Suing Jimmy Carter over Palestine book represented by 'Dancing Israelis' Lawyer 5/29/13 [I was on Dr. Kevin Barrett's show May 29th discussing this article and related issues. The MP3 can be downloaded/heard here. 2nd hour.]
9/11 Widow & lawyer sanctioned for motions which "reflect anti-Semitism in a raw and ugly form.": LibertyFight.com has obtained an exclusive copy of the court decision against 9/11 widow.
Jane's Addiction/Lollapalooza frontman Perry Farrell confronted on Bin Laden, 9/11 by pro-Palestinian 9/11 truther: Grotesque mock baby-murder ritual plays out on stage while Zionist Farrell sings
U.S. Dept of Defense googling 'Bishop Richard Williamson Boston Bombings' 5/21/13 [Featured on WhatReallyHappened.com , SecretsOfTheFed.com , redicecreations.]
9/11 Widow & lawyer sanctioned for motions which "reflect anti-Semitism in a raw and ugly form." 5/18/13
City which warned "lock your doors and load your guns" to hold massive gun buyback program to disarm residents
Bishop Richard Williamson: "Boston Bombing Was Another False Flag, Only The People Waking Up Could Possibly Save America." May 14, 2013 [Featured on DavidIcke.com , truthjihad.com , factsnotfairies , Veterans Today , 2012indyinfo , Patriot Gun Shop , beforeitsnews.com , peoples trust toronto , WhatReallyHappened.com , The Aussie Digger , revolutionradio.org , TheInfoUnderground.com , z10.invisionfree.com , truth11.com.]
As Press Fades, L.A. Motorists Start Paying Red-light Camera Tickets Again (Even Though They Don't Have To.) May 13, 2013
Man Who Open-Fired On Cops With AK-47 Had "Resistance To Tyranny" Book In Car 5/5/13
TX Senator on Gun-Toting Vet's Arrest: "Stories like these are why I filed SB897" 5/2/13 [Featured on WhayReallyHappened.com.]
Bill protecting those who film police moves through TX Legislature 5/1/13 [Featured on WhatReallyHappened.com.]
Feds Re-Indict 65 year-old delusional man accused of plotting to kill abortion doctors [Featured on WhatReallyHappened.com , topix.com , infopig.com , bignewsnetwork.com , shovelcity blog , Progressive Democrats of America , OpEdNews.com , realclearliberty.com , scaruffi blog , marketfreedom.com. The FBI has also visited this article.]
Corporate dinosaur media copying independent grassroots blogs verbatim 4/27/13
NOTE: Visit our new website DontWakeMeUp.Org - Trucker's Civil Rights for more information on the Federal Civil Rights Lawsuit filed against the Texas Troopers for illegally demanding ID. You can also join the mailing list for updates.
Cop at Suspicionless Checkpoint Starts Barking Orders, But Then Flees from Camera
Creepy DHS Supervisor tries to open vehicle door when motorist asks officer's name 4-17-13 [Featured on WhatReallyHappened, Economic Policy Journal, LewRockwell.com , RomanCatholicReport.com , battlefourtimes, and many others.]
DontWakeMeUp.Org Launched As Civil Rights Lawsuit Proceeds Against Texas Troopers
You may contact me here.
Who says you can trust the government? NYPD lists police killed by 9/11 environmental toxins April 7, 2013 [Featured on RomanCatholicReport.com and WhatReallyHappened.com.]
Stockton is bankrupt, but their police continue trying to stop people from filming in public April 2, 2013
Oppressing the poor and defrauding a laborer of his just wages: "sins that cry out to Heaven for vengeance" April 1, 2013
Easter 1939: Father Charles E. Coughlin warns of the war propagandists, their system of financial control & their evil "blood business" [Featured on RomanCatholicReport.com , WhatReallyHappened.com , Republic Broadcasting Network, Fourwinds10.net , cottage-two , rustymetals.com , usapartisan, & scoop.it.]
Man who hit cop in self-defense is acquitted, with help of friend's video footage March 28, 2013 [Featured on educate-yourself.org , WhatReallyHappened.com and strike-the-root.com.]
Lunatic CHP cops go berzerk as female motorist successfully demands her rights under CA Vehicle code 3/22/13 [Featured on WhatReallyHappened.com , Economic Policy Journal, From the Trenches World Report , The Daily Paul (most popular of the day), Fourwinds10.net, and TheLibertyCaucus.com.]
Remember the guy who called George H. W. Bush a murderous, Zionist, peice of $h!t at a Houston Pizza place in 2010? This story is about him and what he's been up to lately:
NO, Obamacare does not include any provision for RFID microchipping March 3, 2013 [Featured on the Dr. Katherine Albrecht Show.]
Police Commissioner Raymond Kelly blatantly lies about past NY gun confiscation on national radio January 20, 2013 [Featured on WhatReallyHappened.com and Republic Broadcasting Network.] [NYPD, The City of New York, The New York State Senate, and countless other spook/govt agencies have visited this article numerous times.]
Internal Documents in TX Trooper lawsuit: Cops admit "the passenger is under no obligation to comply with request" for ID
Catastrophic Bridge Collapse in Washington State reveals importance of sleep for Truckers as NTSB investigates the sleep records of driver
4/17/13: DontWakeMeUp.Org goes viral immediately after public launch: People from across the world along with Corporations, Universities, Law Firms, as well as State and Federal government agencies have visited DontWakeMeUp.Org since our release on Tuesday, April 16th. We will have an "our visitors" page outlining the government visitors soon.
4/16/13: WOKEN UP AGAIN! The irony of, on the very day I launch my new website DontWakMeUp.Org, it happens. Again. Today. UNREAL. Watch how these lunatics change course the second they see the camera. Keep your cameras ready, folks! The article and video can be seen here.
April 16, 2013:
DontWakeMeUp.Org Launched As Civil Rights Lawsuit Proceeds Against Texas Troopers
Motorist puts police in their place at suspicionless internal checkpoint December 2, 2012
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