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  1. Drunk and Impaired Driving: Re: DUI, Tested at the Legal Limit - How to Suppress Test Results

    To find relevant California cases on any subject go to the law library and look for West's California Digest. This Key Number Digest contains all headnotes, classified according to West's Key Number...
  2. Public Intoxication: Re: False Arrest Drunk in Public - Sacramento, California

    You can file a citizen complaint with the agency that employs the officers that were involved in the incident. If you wish to sue the employing entity you must file a claim for damages with the the...
  3. Fraud: Re: Caltrain Fare Evasion Infraction - Permanent Record

    Its easy to understand the Sava court's holding "the Legislature did not intend to classify infractions as crimes." Its also easy to understand the following re Penal Code, section 16:


    “In...
  4. Fraud: Re: Caltrain Fare Evasion Infraction - Permanent Record

    “…infractions are not crimes … (People v. Battle (1975) 50 Cal.App.3d Supp. 1 [123 Cal.Rptr. 636].) fn. 1 [1b] Proceedings on infractions are not attended by the same constitutional safeguards as...
  5. Fraud: Re: Caltrain Fare Evasion Infraction - Permanent Record

    Infractions are not crimes. Assuming you don't have a criminal record, when asked on an employment form whether you've been convicted of a crime you can safely answer no.
  6. Failure to Yield: Re: Contesting California VC 21801(A) "Unsafe" Left Turn

    Ever heard of a "dash cam"?
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    Speeding Tickets: Re: Speeding, VC 22350

    I adapted the language of People v. Maggiora (1962) 207 Cal.App.2d Supp. 908, 24 Cal. Rptr. 630.
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    Speeding Tickets: Re: Speeding, VC 22350

    The failure of the officer to provide the required information on the citation is not grounds for dismissal of the complaint. Assuming that the arresting officer was wrong in not providing the...
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    Speeding Tickets: Re: 22349a in Ca, Need Advice

    I generally advise people not to argue the "facts" in traffic court. A trial by declaration is not a good idea because you have to pay for the trial. Unless you're unable to attend court for an...
  10. Suspension and Revocation: Re: Impound for Suspended California License with Valid Ohio License

    Although the record of suspension would still be in the computer system, the cancellation would seem to nullify the suspension as the license would have no legal existence.

    As far as I know the...
  11. Suspension and Revocation: Re: Impound for Suspended California License with Valid Ohio License

    Cancel your California driver's license using the following form: http://www.dmv.ca.gov/forms/dl/dl142.htm

    As long as you are a "nonresident" of California, you can legally drive in California...
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    Lights, Signs and Traffic Controls: Re: California Stop Violation, but I Disagree

    Vehicle Code, sections 40500(a) and 40300.
  13. Following Too Closely: Re: Following Too Closely, No Seatbelt, No Front Plate, California

    Of course you can "win" these; it only requires persistence and applying the proper principals of law. In fact, there are numerous legal principals and technicalities that lead to dismissal in...
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    Speeding Tickets: Re: 92 MPH on 70 - Can I Get Traffic School

    Not sure, you didn't provide me with a complete date. All motions must be served and filed at least 10 days before the hearing. (California Rules of Court, Rule 4.111.) So if your trial is in four...
  15. Speeding Tickets: Re: California 22349(A) - Help with Discovery Materials Received

    You're over thinking the discovery process and relying too heavily on it. There are better legal issues that will absolve you of criminal liability.

    The prosecuting attorney is required to...
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    Lights, Signs and Traffic Controls: Re: California Stop Violation, but I Disagree

    There's an old saying, "when the facts are against you, argue the law." And in this case the law is on your side. There's no need to let it turn into a "he said, she said." With just two sections of...
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    Speeding Tickets: Re: 92 MPH on 70 - Can I Get Traffic School

    A case cannot be dismissed for the prosecution's failure to disclose. You must file a motion to compel discovery of the items previously requested in your informal discovery request.

    What is the...
  18. Following Too Closely: Re: Following Too Closely, No Seatbelt, No Front Plate, California

    If you argue the law correctly your chances of a favorable outcome are high. What's the status of your citations?
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