How Do You Apply for Change of Venue Under VC Section 40502
My question involves traffic court in the State of California:
I have read through several posts, but none answers my specific question: I didn't know to ask for a change of venue to County Seat (i.e., Downtown LA courthouse) when I was stopped for a cellphone violation in Culver City. Downtown is much closer to my home, so I have that covered.
My question is: If I didn't mention it to the officer at the time of the ticket (and signed the ticket), have I waived my right to ask for change of venue to County Seat? If not, how do I ask for a change of venue now (under VC Sec. 40502)?
Thanks for any help.
Re: How Do You Apply for Change of Venue Under VC Section 40502
Quote:
Quoting
wadebloggs
My question involves traffic court in the State of California:
I have read through several posts, but none answers my specific question: I didn't know to ask for a change of venue to County Seat (i.e., Downtown LA courthouse) when I was stopped for a cellphone violation in Culver City. Downtown is much closer to my home, so I have that covered.
My question is: If I didn't mention it to the officer at the time of the ticket (and signed the ticket), have I waived my right to ask for change of venue to County Seat? If not, how do I ask for a change of venue now (under VC Sec. 40502)?
Thanks for any help.
Where is it in any of your research were you able to find validation that you have a right to a change of venue or a right to request a change of venue? Because my understanding is you have neither! And I think you'd be better off going into this knowing that there is no law, rule, regulation or requirement that your case be transferred.
With that said, there is no court in Culver City... Would I be correct in assuming your case shows you appearing in Santa Monica?
If so You can submit a "motion for a change of venue" to the court and hope they approve it. (I don't know of any links to any samples online, you'll have to search on your own).
If your court isn't Santa Monica then where are you appearing? and which police agency cited you?
Re: How Do You Apply for Change of Venue Under VC Section 40502
At this point it's entirely up to the judge/court's discretion. As TG said, file a motion and indicate "good cause" -- closer, less hardship, etc. AND also cite 40502's county seat provision.