Cited for Not Using Handless Phone Even Though I Had Corded Headset

[itsphake]

My question involves a traffic ticket from the state of: California

I've received the violation in late April. When I requested to have the ticket assigned to the county seat more specifically to the Burbank Traffic Court when I pulled over in Arcadia the officer denied my request. The officer also refused to all me to write that he protested my requested on the ticket so that there was a carbon copy record of us discussing the request that he denied. I read online VC40502(b) grants me the right to change the venue if my place of employment is closer. I happen to work in Burbank so it will so much more convenient for me to appear in court there. The officer pretty much talked a whole bunch of smoke that I could call the number on the ticket to reach someone to request for the change. Little did I know when I called you no longer get to talk to a clerk or real person anymore and it's all an automated voicemail message to take you through the many layers of menus. That phone call didn't help me at all. I'm just wondering whether I have a chance in court if I mention I requested a reassignment and the officer refused to grant my request. The officer basically told me that he saw me with the cell phone in my hand, but didn't realize I had a corded headset plugged in. Is this a strong enough case to bring to court and on top mention that he denied my request to reassign the ticket to Burbank? Did the office basically play me for a sucker? I feel dumb for not protesting more harder, but I was sensing he was getting irritated when I kept asking him and didn't want to get more trouble with him. Any information will be appreciated.

[PTPD22]

When I requested to have the ticket assigned to the county seat more specifically to the Burbank Traffic Court when I pulled over in Arcadia the officer denied my request. The officer also refused to all me to write that he protested my requested on the ticket so that there was a carbon copy record of us discussing the request that he denied.

The citation is a form for the OFFICER to document the violations he is accusing you of...NOT a form for you to document your gripes or requests!

I read online VC40502(b) grants me the right to change the venue if my place of employment is closer. I happen to work in Burbank so it will so much more convenient for me to appear in court there. The officer pretty much talked a whole bunch of smoke that I could call the number on the ticket to reach someone to request for the change.

Correct! You request a change of venue from the COURT, not demand it from the officer right there on the side of the road!

Little did I know when I called you no longer get to talk to a clerk or real person anymore and it's all an automated voicemail message to take you through the many layers of menus. That phone call didn't help me at all. I'm just wondering whether I have a chance in court if I mention I requested a reassignment and the officer refused to grant my request.

No chance at all. The officer did not have the AUTHORITY to change the venue. It is YOUR responsibility to contact the court (in person if necessary) if you wish to request the court cater to your convenience.

The officer basically told me that he saw me with the cell phone in my hand, but didn't realize I had a corded headset plugged in. Is this a strong enough case to bring to court and on top mention that he denied my request to reassign the ticket to Burbank?

If you were HOLDING IT IN YOUR HAND, then you were not using it in a HANDS FREE MODE as the statute requires!

Did the office basically play me for a sucker?

No. You did that to yourself.

I feel dumb for not protesting more harder, but I was sensing he was getting irritated when I kept asking him and didn't want to get more trouble with him.

Yeah, cops get a little irritated with people who want to argue on the side of the road, want to use a citation to write complaints, and generally make an a$$ of themselves. The cop is standing there with his a$$ hanging out with traffic moving by only a few feet away, has to watch you in case you decide to play desperado and try to harm him (being argumentative and wanting to make statements on the citation increases that concern...sounds quite a bit "sovereign citizen-ish"), and really has better things to do with his/her time than solve your ignorance. What you should feel dumb about is the dumb things you were protesting at all!

[flyingron]

Correct! You request a change of venue from the COURT, not demand it from the officer right there on the side of the road!

Incorrect. This is one of the vagaries of Califonia law. You request that you can appear at the County seat from the officer at the time of being cited if it's closer than the court you're ordered to appear.

What is wrong here is that Burbank is NOT the county seat of LA County. LA is. He's got no automatic right to that change of venue.

[PTPD22]

Incorrect. This is one of the vagaries of Califonia law. You request that you can appear at the County seat from the officer at the time of being cited if it's closer than the court you're ordered to appear.

What is wrong here is that Burbank is NOT the county seat of LA County. LA is. He's got no automatic right to that change of venue.

Hummm...Ok. That seems illogical to me, but I've known laws and procedures to be illogical to me once or twice before. I just looked it up and you seem to be correct. Would that give OP a procedural violation amounting to cause for dismissal? He/she does say he/she " requested to have the ticket assigned to the county seat" even though the specific court requested was not actually the county seat. Would the officer still need to mark the citation for the LA court to avoid dismissible error?

[That Guy]

Would that give OP a procedural violation amounting to cause for dismissal?

Nope, not even close..

He/she does say he/she " requested to have the ticket assigned to the county seat" even though the specific court requested was not actually the county seat. Would the officer still need to mark the citation for the LA court to avoid dismissible error?

Even if it was marked as such, by the defendant or by the officer, it still is not likely that a change of venue will impact the case to a point where it will get dismissed. And more often than not, such requests are denied regardless of the small details. I think the courts are onto the fact that the only reason these requests are made is simply to make it more challenging for the officer to appear if the case is scheduled outside of his area... And more often than not, once it gets filed in one court, it will get tried in that court. For one, the promise to appear at a place/time was made to that particular court. Issue a new citation? You can't get a signed promise to appear!

You'll not that that the code section states that: "The place specified in the notice to appear shall be any of the following...", so in essence, as long as it gets filed in one of those places, it constitutes an order to appear which the defendant is obligated to comply with.

Can the court try and accommodate the defendant? Sure... At the expense of inconveniencing the people's witness (and his department)? Not sure how that would be "fair"!

Logistically, and as flyingron pointed out, the defendant totally blew it here. He's not likely to get his wish... But more importantly at this juncture is that he still has no understanding of what he was cited for.


EDITED TO ADD: Funny thing is, OP has tried this before... Last time he was caught speeding out father east than Arcadia, wanted a court in Van Nuys because "he worked there", was offered L.A. Metro...

Cited for Not Using Handless Phone Even Though I Had Corded Headset

Actually, you were cited for simply NOT using your cell phone as a hands free device. Whether it was corded or not has nothing to do with why you got cited!

The officer basically told me that he saw me with the cell phone in my hand, but didn't realize I had a corded headset plugged in. Is this a strong enough case to bring to court and on top mention that he denied my request to reassign the ticket to Burbank?

One thing has NOTHING to do with the other.

We know that you work in Burbank... But where do you reside? And where was your appearance scheduled? Pasadena

[itsphake]

If you read in the California Judges Benchguide for Traffic Court Proceedings it specifically states that all branch courts in the City of Los Angeles qualifies as a "county seat" court.

http://www2.courtinfo.ca.gov/protem/pubs/bg82.pd

Page 82-8 under B)

It does say you have to request during arraignment though. I haven't read any recent posts by anyone who has been successful in requesting for the transfer at the time the officer is citing you.

[cdwjava]

A change of venue is a different animal than requesting to be cited into the county seat at the time of the stop. Let's be correct on the terminology here.

If you requested a change to a Los Angeles city traffic court and the officer refused, then you can complain to his agency and even use that as the basis of a request to the LA Superior Court to change the venue to an LA court, but it's not going to be mean a free pass on the violation.

[That Guy]

If you read in the California Judges Benchguide for Traffic Court Proceedings it specifically states that all branch courts in the City of Los Angeles qualifies as a "county seat" court.

http://www2.courtinfo.ca.gov/protem/pubs/bg82.pd

Page 82-8 under B)

It does say you have to request during arraignment though.

So what does that tell you?

If cited within the city of LA (like you were the previous time - in Van Nuys-), the court that has proper jurisdiction and the one you're cited to appear at is whichever one the officer chooses, your request will not change that.
If cited within the city of LA or if cited outside of the city of LA (Santa Monica, for example) and requesting a transfer to a city other than LA is not going to happen because that city is not the county seat..
This leaves getting cited outside of the city of LA and requesting a transfer to a court within the city of LA is possible, however the officer can then pick and choose which court in the city of LA. Or he can simply refuse at which point you can bring it up at the arraignment, but it is my opinion that once it gets to the arraignment, it is a logistic nightmare for the court to process and in this day and age, it ain't gonna happen! And you can read why HERE!

If you read in the California Judges Benchguide for Traffic Court Proceedings it specifically states that all branch courts in the City of Los Angeles qualifies as a "county seat" court.

http://www2.courtinfo.ca.gov/protem/pubs/bg82.pd

Page 82-8 under B)

It does say you have to request during arraignment though.

Without even referring to the Bernchguide, VC 40502 itself states:

40502. The place specified in the notice to appear shall be any of the following

The notice to appear is written up at the time of the stop NOT during the arraignment. So how can your request at the arraignment guarantee you that the citation is written up to your preferred court?

Essentially, you're wasting your time, pissing off the officer and you're not doing anyone else any favors by taxing the court system to your own benefit and at everyone else's expense.!