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SEE ALSO: Lunatic CHP cops go berzerk as female motorist successfully demands her rights under CA Vehicle code 3/22/13
(Woman demands County Seat and cops try to deny her demand, but she wins in the end.)
Presumption of innocence is important to remember, especially for freedom-lovers, so I like to pass along this type of information. It's available in the California vehicle code, but most people don't read that. This involves a change of venue, and dictates where your traffic case will be heard. I've personally used this particular tactic twice with success. This is a pre-emptive 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 years 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? Who the heck goes 65 in the middle of nowhere anyway?)
So I say "I'd like to request the county seat". To be precise, 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. So, the cop didn't show up. case dismissed.
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. "But you WERE speeding!', she teased. Sure honey, of course I was. We're in the middle of nowhere on a beautiful sunny day. No one goes 65 out here. But this is America, and it's incumbent upon the state to prove my guilt, so let them try.
CHANGE OF VENUE
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.
Keep in mind that the county itself where your case will be heard does NOT change, even if you are granted the county seat. For example, if you are ticketed in Newport Beach, CA, which is located in Orange County, and you live in Los Angeles County, you can not ask for the ticket to be transferred to the county seat of Los Angeles County. You can only ask for the county seat of the county which you are ticketed in. In this example, Newport Beach is in Orange County, and the Orange County 'County seat' (main courthouse) is in the city of Santa Ana. So if you are granted the county seat, your case would be heard in Santa Ana court instead of the Newport beach court.
Please note that I am not a lawyer, nor would I want to be one, as I will defer to Luke 11:46 on this issue: "Woe to you lawyers also, because you load men with burdens which they cannot bear" . Happy motoring!
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Victory! TRAFFIC TICKET ARCHIVES
How I beat a Speeding Ticket in California Superior Court of Appeals (Without A Lawyer) 8/19/14 [Featured on LewRockwell.com.]
It's Your Right: How to Fight a Traffic Ticket in California Through The Mail ('Trial By Declaration') 2/15/14 [Featured on EconomicPolicyJournal.com]
Outrageous L.A. Court Tells Defendants: "Traffic Ticket Trials Not Allowed" 6/24/14
How I beat a cell phone ticket in California [Article & video]
How I beat a $700 ticket in 30 seconds in court (Logbook ticket) [featured on WhatReallyHappened.com]
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.
DHS Calls Motorists' Employer to Tattle That They Won't Answer Questions At Warrantless Checkpoint (Article & 2 videos) 8/1/14
Motorist puts police in their place at suspicionless internal checkpoint December 2, 2012
[Must see video- Featured on PrisonPlanet.com].
Cop at Suspicionless Checkpoint Starts Barking Orders, But Then Flees from Camera [Featured on LewRockwell.com.]