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  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Default Change of Venue for Cell Phone Ticket

    My question involves traffic court in the State of: California. i didn't know about change of venue before. i just got a ticket for using my phone not hands free. i honestly believed that speaker phone was a viable/legal solution, however the officer told me that because it was in my hand it didn't count. (i'd like some advice on that too!!). However, i just saw the ticket requires my appearance in santa ana. i'm a college student who lives, works, and has internship in riverside. that's at least a 45 minute drive, plus morning traffic, i honestly have no idea how long that would take me. also, the time of the appearance will cause me to lose work, thus placing me in financial strain. i'd like to get out of the ticket, but see that as secondary to being able to appear in a venue closer to home and work. thank you! also, where/what do i do to apply for a change of venue??

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,078

    Default Re: Change of Venue for Cell Phone Ticket

    You will not get a change of venue from Orange County to Riverside County. Sorry. Riverside County has no jurisdiction in the matter and unless you can argue that you would not get a fair trial in Orange County any attempt to move the trial will be denied.

    Your best bet might be to quickly apply for a trial by written declaration. If uyou lose that, then you can decide whether it is worth the effort to appear and defend yourself in a trial de novo or pay the fine.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,194

    Default Re: Change of Venue for Cell Phone Ticket

    ^ Agree with Carl on the Change of venue!

    Quote Quoting dandyli0n
    View Post
    i just got a ticket for using my phone not hands free. i honestly believed that speaker phone was a viable/legal solution.
    Seriously... Which part of "hands free" (actually "did you think implies that you can hold the phone in your hand while talking and not be in violation?
    I am right 97% of the time... Who cares about the other 4%!

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