Denial of 40502(B) Venue Change

My question involves traffic court in the State of: California

I received a cell phone ticket, and after requesting a 40502 (b), which was denied, I was planning on writing "request nearest county seat", but when I was doing this the cop said that the only thing I could write was my signature, and she stated that she would write a new ticket. I then stated that I only wanted to write that to show proof that I asked at time of being written up, and that I talk to her supervisor who came and took her side. Eventually, they stated that if I do not sign they would impound my car and make me wait for a judge while sitting in jail so I finally signed. My question is what action should I take before and during arraignment.

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Quoting krider

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My question involves traffic court in the State of: California

I received a cell phone ticket, and after requesting a 40502 (b), which was denied, I was planning on writing "request nearest county seat", but when I was doing this the cop said that the only thing I could write was my signature, and she stated that she would write a new ticket. I then stated that I only wanted to write that to show proof that I asked at time of being written up, and that I talk to her supervisor who came and took her side. Eventually, they stated that if I do not sign they would impound my car and make me wait for a judge while sitting in jail so I finally signed. My question is what action should I take before and during arraignment.

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Which court were you cited to appear in and which court do you intend on changing venue to?

I will be cited to appear in Metropolitan, and I asked for Downey, which would be closest courthouse in LA County to where I live (Orange County).

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Quoting krider

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I will be cited to appear in Metropolitan, and I asked for Downey, which would be closest courthouse in LA County to where I live (Orange County).

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You're free to make a motion for a change of venue at your arraignment... Although pursuant to VC40502(b), a request to transfer would be to the county seat of the county in which the offense is alleged to have been committed. As such, and in light of the fact that "Los Angeles" (where Metropolitan is located) is the county seat for L A County (NOT Downey), I'm not too confident that your request to transfer to Downey qualifies as a proper request.

If driving the 15 or so miles between Downey and Los Angeles is that big an issue, then you still have the option of a Trial By Declaration.

Good luck!

I appreciate your post, but besides the fact that the latter part of the code states that "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 magistrate nearest or most accessible to the place where the arrest is made." Unless you do not consider Downey or even any number of courthouse east of Metro courthouse not part of LA county and not closer to Orange County than the Metro courthouse than I do not see how they could deny my request regardless of being "only" 15 miles. The 15 miles is a lesser issue than the blatant disregard for the VC, and due process, and this is the more pertinent reason for my posting. For argument sakes if I do get denied a change of venue at arraignment, there has to be some other recourse to make sure that the venue gets changed based on this trampling of the law.

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Quoting V.C. Section 40502. Place to Appear

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

(a) Before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made.

(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 magistrate nearest or most accessible to the place where the arrest is made.

(c) Before a person authorized to receive a deposit of bail.
The clerk and deputy clerks of the superior court are persons authorized to receive bail in accordance with a schedule of bail approved by the judges of that court.

(d) Before the juvenile court, a juvenile court referee, or a juvenile hearing officer within the county in which the offense charged is alleged to have been committed, if the person arrested appears to be under the age of 18 years. The juvenile court shall by order designate the proper person before whom the appearance is to be made.

In a county that has implemented the provisions of Section 603.5 of the Welfare and Institutions Code, if the offense alleged to have been committed by a minor is classified as an infraction under this code, or is a violation of a local ordinance involving the driving, parking, or operation of a motor vehicle, the citation shall be issued as provided in subdivision (a), (b), or (c); provided, however, that if the citation combines an infraction and a misdemeanor, the place specified shall be as provided in subdivision (d).

If the place specified in the notice to appear is within a county where a department of the superior court is to hold a night session within a period of not more than 10 days after the arrest, the notice to appear shall contain, in addition to the above, a statement notifying the person arrested that the person may appear before such a night session of the court.

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You can request that your ticket be moved to the county seat if your residence or place of employment are closer to the county seat than the magistrate nearest where you were stopped. If not, that provision doesn't apply - that is, you are stuck with the original venue.

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Quoting krider

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I appreciate your post, but besides the fact that the latter part of the code states that "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 magistrate nearest or most accessible to the place where the arrest is made." Unless you do not consider Downey or even any number of courthouse east of Metro courthouse not part of LA county and not closer to Orange County than the Metro courthouse than I do not see how they could deny my request regardless of being "only" 15 miles. The 15 miles is a lesser issue than the blatant disregard for the VC, and due process, and this is the more pertinent reason for my posting. For argument sakes if I do get denied a change of venue at arraignment, there has to be some other recourse to make sure that the venue gets changed based on this trampling of the law.

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Sorry that my post did not conform to what you expected to hear. YOU cited 40502(b), and I posted my interpretation (and one of two reasons) as to why it does not apply in your case.

You're also misinterpreting the portion of the subsection that you cited in your last post but my guess is that if I were to offer you my interpretation, you'll disagree with that too... So I'll save myself the time to offer it!

I'm not seeing a blatant disregard for the VC (well... except for YOUR alleged violation) or due process and I'm not feeling a trampling of the law! But ultimately, those decisions are up to the judge hearing your case.

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Quoting That Guy

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Sorry that my post did not conform to what you expected to hear. YOU cited 40502(b), and I posted my interpretation (and one of two reasons) as to why it does not apply in your case.

You're also misinterpreting the portion of the subsection that you cited in your last post but my guess is that if I were to offer you my interpretation, you'll disagree with that too... So I'll save myself the time to offer it!

I'm not seeing a blatant disregard for the VC (well... except for YOUR alleged violation) or due process and I'm not feeling a trampling of the law! But ultimately, those decisions are up to the judge hearing your case.

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Honestly, I don't care if your interpretation conforms to what I expect to hear as that has no bearing on what will happen, and please don't apologize as I do want to hear the other point of view (sincerely sarcasm aside). And I do appreciate you italicizing alleged violation as I don't see how that "wrong" has anything with the other "wrong" (i.e. blantant disregard for the VC or due process and trampling of the law) (sarcasm intended)

Again knowing how little the judicial system cares for due process when concerned with traffic infractions, I do expect that a change of venue may not happen, and any advice to support my case would be appreciated.

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Quoting krider

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My question involves traffic court in the State of: California

I received a cell phone ticket, and after requesting a 40502 (b), which was denied, I was planning on writing "request nearest county seat", but when I was doing this the cop said that the only thing I could write was my signature, and she stated that she would write a new ticket. I then stated that I only wanted to write that to show proof that I asked at time of being written up, and that I talk to her supervisor who came and took her side. Eventually, they stated that if I do not sign they would impound my car and make me wait for a judge while sitting in jail so I finally signed. My question is what action should I take before and during arraignment.

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There is only ONE county seat. I am told that some large jurisdictions might have multiple courts within the seat, but can't say for sure. In any event, I doubt Downey is one of them.

CVC 40502(b) allows you to request a change from the local court to a court within the county seat - not one closer to wherever you want to go.

I see no process that was violated here.

You are free to request to transfer the case to another court should you wish. However, since this can cost the agency more money as the officer may have to travel further on overtime, it has been my experience that absent some serious hardship these requests are rarely granted. But, you can ask. The worst that will happen is that they deny your request.

Santa Ana is the County Seat for Orange County. Los Angeles is unlike most counties, in that it has multiple authorized County Seats. There is a complete list in David Brown's "Fight Your Ticket...and Win!". I can't find the book right now, but when I do I'll list them.