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  1. Hearings and Trials: Re: Trial by Declaration Failed - New Trial Date Postponed

    Did you plead guilty in person at the court and ask for a TBD or did you post bail by mail and ask for the TBD? By mail you waive the speedy trial rights; by going in person you preserve them.
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    Motions: Re: Speedy Trial Rules

    In 2007 I entered a plea to the clerk, when that still preserved one's speedy trial rights (they've since re-written the VC), had a TBD that I lost and had a court trial which due to lack of...
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    Motions: Re: Speedy Trial Rules

    There is no reason to object to the judge unless he specifically advises you that your trial is past the 45 statutory limit and he asks for your waiver. If he assumes you are ignorant to the fact or...
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    Lights, Signs and Traffic Controls: Re: 21453(C) Violation in California

    21453 requires you to take an action based ONLY upon the color of your light. If the officer did not see the color of the light and his testimony reflects that than he will have failed to prove all...
  5. Discovery: Re: Motion to Compel - California Discovery

    Look up service by mail ... it should be in your book. You need someone, other than yourself who is 18 years or older, to place it in the US Mail and fill out a proof of service statement saying who...
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    Failure to Yield: Re: Fighting My "Failure to Yield"

    Aren't court documents public records? You could probably do some research if you were so inclined at your local traffic court. Of course at 50 cents a page to make copies the research could add up....
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    Failure to Yield: Re: Cited for CVC 21950(A)

    The officer writes notes on the back of the ticket that are to help him jog his memory of the facts surrounding the citation. You can request discovery to see the back of the ticket and see exactly...
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    Speeding Tickets: Re: Bumper Pacing Illegal

    If the officer would be found at fault for a vehicle accident due to this then that means he is in violation of this vehicle code section when running without a forward facing red. Otherwise this...
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    Failure to Yield: Re: Cited for CVC 21950(A)

    Have you been arraigned (did u plead not guilty)? If so, was it in front of a judge? If you pled not guilty by mail then you effectively waived your rights to a speedy trial.
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    Speeding Tickets: Re: Bumper Pacing Illegal

    Except if you actually read 21055 it reads (in pertinent part)



    The emphasis on "AND" in paragraph b is mine as many people seem to misunderstand that the "reasonably necessary" part applies to...
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    Discovery: Re: Haven't Received Discovery

    HA HA. If you want proper legal advice, seek out a lawyer! My point was that MrKIA asked this:



    Since legal precedent is set by appeals court or the California Supreme Court his question wasn't...
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    Discovery: Re: Haven't Received Discovery

    This is exactly what I suggested to the OP, to object to a witness testifying since there has been no notice that one would be present. I mentioned he could ask for a dismissal but probably wouldn't...
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    Discovery: Re: Haven't Received Discovery

    Only my personal case where I objected to lack of discovery, including the witness disclosure. The court ordered the officer to have his department disclose the items I requested. Then when the trial...
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    Discovery: Re: Haven't Received Discovery

    An officer in court is a witness only. Yes you should object to him testifying along the arguments of you were unable to fully prepare a defense for your charges since you were unaware the People had...
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    Speeding Tickets: Re: 22350 VC - Excessive Speed, No Radar

    I haven't had the opportunity, never had a "pacing" ticket but thought that an interesting twist would be to put the citing officer's "estimates" to test in the court room. Ask them how far it is...
  16. Re: Ridiculous California "Traffic" Ticket - Trying a TBD

    If, as you indicate, the sign had only a timed indicator than you are not guilty of the charge. 21456(b) clearly indicates it is only illegal to enter the crosswalk if the word "DONT WALK", "WAIT",...
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    Discovery: Re: Haven't Received Discovery

    Did your discovery include a request for a list of witness(es) to be present at trial? If so object to any witness that would testify.
  18. Re: Determining Prosecuting Attorney for a Chp Ticket

    I like this approach, although around here in No Calif the DA (at least the one I dealt with) just ignores discovery requests and there is no form letter.

    What about taking it one step further...
  19. Police Conduct: Re: Constantly Pulled Over by the Police and Sheriff's Department

    You can always ask the officer to write down the reason for his traffic stop in the form a citation! You are under no obligation to answer any questions, just to sign a ticket and appear in court.
    ...
  20. Lights, Signs and Traffic Controls: Re: CVC 21453a Red Light Ticket Because of Mechanical Failure

    Just because you committed the ACT does not inherently make you guilty. If you can't argue the ACT then you might try to argue there was no INTENT. 20 PC reads:



    You could proffer your...
  21. Motions: Re: Speedy Trial Law As It Applies to a Court Issued Continuance

    It used to be that if you appeared IN PERSON to the clerk you preserved your right to a speedy trial -- that was how I beat a bogus ticket back in 2007. But it seems the wording has changed :(, I...
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    Motions: Re: Filing a Motion to Dismiss for Trial De Novo

    I used the paragraph below in part of my motion to dismiss for a speedy trial after a TBD in 2007. Worked for me but I had also asked for a list of witness(es) to be disclosed, pursuant to 1054 PC,...
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    Re: Ticket Not on File at Court

    A misdemeanor carries more weight than an infraction and will be tried in a criminal court (prosecutor present and right to a jury trial). I'm all for trying different strategies with infractions as...
  24. Thread: CVC 21453(c)

    by SMBI
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    Lights, Signs and Traffic Controls: Re: Cvc 21453(c)

    Even if the light was yellow you are allowed to enter the intersection. As long as the light turns red once your vehicle is past the limit line or crosswalk than you are within the law. You need to...
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    Speeding Tickets: Re: Concerning Speed Traps

    I don't think you'll get around the fact that peace officers are acting on good faith (typically) when they assume that the speed limit posted is in compliance with the law. Now should an officer...
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