Change of Venue Motion Request Per Vehicle Code 40502(B)
My question involves a traffic citation from the state of: California
The Officer cited me violations: 22349(a) and 5200(a).
It happens in the 118 Fwy county line.
I did the motion in the SV court The commisioner asked me to mail my motion to the parties involved: The Officer and the Da.So He gave me new date for my hearing.
In that hearing was a different judge that the one I saw the first time.
He asked me If I want to continue to hear my motion with the judge I saw the first time I said yes to him,at the same time I was given a copy of a document filed by the DA oppossing my motion to transfer.
Now I have my hearing next week.
Reading the Document of motion denying me the transfer to Los Angeles county I found the following on the DA's statment:
He mentions the Officer last name the time and date are the same as in the Ticket but total different Fwy.
Now I know maybe is too late to file something with the court Should I show the contradicctions found in the Da's stament to the Judge or what would be your suggestion?
Thanks
Tenaz
Re: Change of Venue Motion Request Per Vehicle Code 40502(B)
You're free to point out the prosecutor's clerical error, which does not appear to be in any way material to the motion. It won't make either the ticket or motion go away.
Re: Change of Venue Motion Request Per Vehicle Code 40502(B)
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Tenaz
I did the motion in the SV court ...
...the transfer to Los Angeles county...
By "SV" you mean :confused:"South Ventura":confused:
And you're trying a change of venue to get the case transferred to an LA County court? I highly doubt its going to work out in your favor. But you're free to try and make a case out of it...
For traffic infractions, change of venue requests must be initiated with the officer at the time of the stop and even then, you can request that the case be transferred to the county seat closest to your residence or place of employment BUT only in the county where the alleged offense was committed.
Re: Change of Venue Motion Request Per Vehicle Code 40502(B)
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That Guy
By "SV" you mean :confused:"South Ventura":confused:
And you're trying a change of venue to get the case transferred to an LA County court? I highly doubt its going to work out in your favor. But you're free to try and make a case out of it...
For traffic infractions, change of venue requests must be initiated with the officer at the time of the stop and even then, you can request that the case be transferred to the county seat closest to your residence or place of employment BUT only in the county where the alleged offense was committed.
Yes when I was stopped by the Officer I requested to the Officer and he denied my request and told me to do request to the court.
SV=Simi Valley court.Thats what I did and did followed instructions from the Judge.
Also there is a closest Traffic Court from my house.The alleged violation happens before the county line and I ended up be stopped in V. county.
I just want to point the right that vehicle code 40502(B) gave me and I have the right to ask with burden proof of evidence.
TENAZ
Re: Change of Venue Motion Request Per Vehicle Code 40502(B)
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Tenaz
Yes when I was stopped by the Officer I requested to the Officer and he denied my request and told me to do request to the court.
SV=Simi Valley court.Thats what I did and did followed instructions from the Judge.
Also there is a closest Traffic Court from my house.The alleged violation happens before the county line and I ended up be stopped in V. county.
So...
The officer alleges that the violation occurred in Ventura county and he wrote the citation and filed it accordingly... You, on the other hand, say it happened in LA County!
The vehicle code states that you can request that the case be moved to "the county seat of the county in which the offense is alleged to have been committed". You, on the other hand, are saying you want it transferred to a court in a different county!
Good luck with both endeavors.
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Tenaz
I just want to point the right that vehicle code 40502(B) gave me and I have the right to ask with burden proof of evidence.
Sorry... I have no idea what you're trying to say, but I'll still try... Let me split your statement into 2 parts:
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Tenaz
I just want to point the right that vehicle code 40502(B) gave me and I have the right to ask...
Yes, you do have the right to ask as long as you're asking to have the case transferred to the county seat of the county in which the offense was allegedly committed (and in this case, the officer alleges that it occurred in ventura County). But you're not asking for that. You're asking that it be transferred to a DIFFERENT county.
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Tenaz
... with burden proof of evidence.
Are you saying that you want the officer to prove that the violation occurred in Ventura County rather than LA County? If that is the case, then I'm guessing that you'll have to wait until your trial date (which I'm also guessing will be held in Ventura County) and hold him to that requirement! I expect that he will testify -under oath- that the violation occurred in Ventura county... His testimony, and unless you can show otherwise, is sufficient to meet that burden of proof.
Re: Change of Venue Motion Request Per Vehicle Code 40502(B)
(Yes, you do have the right to ask as long as you're asking to have the case transferred to the county seat of the county in which the offense was allegedly committed (and in this case, the officer alleges that it occurred in ventura County). But you're not asking for that. You're asking that it be transferred to a DIFFERENT county.)
Yes I'm asking the case to be move to Los Angeles County Because I believe the violation I been cited happened in Los Angeles County,Although I got stopped in V county.(Yes the officer believe the violation happened in ventura County).
Thats what I'll show in the court hearing the proof where the violation took place
and let decide the Judge if he grant me my motion to change the venue to Los Angeles county court.
Tenaz
Re: Change of Venue Motion Request Per Vehicle Code 40502(B)
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Tenaz
(Yes, you do have the right to ask as long as you're asking to have the case transferred to the county seat of the county in which the offense was allegedly committed (and in this case, the officer alleges that it occurred in ventura County). But you're not asking for that. You're asking that it be transferred to a DIFFERENT county.)
Yes I'm asking the case to be move to Los Angeles County Because I believe the violation I been cited happened in Los Angeles County,Although I got stopped in V county.(Yes the officer believe the violation happened in ventura County).
Thats what I'll show in the court hearing the proof where the violation took place
and let decide the Judge if he grant me my motion to change the venue to Los Angeles county court.
Tenaz
OK... Good luck!