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...
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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...
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...
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...
“…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...
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.
Ever heard of a "dash cam"?
I adapted the language of People v. Maggiora (1962) 207 Cal.App.2d Supp. 908, 24 Cal. Rptr. 630.
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...
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...
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...
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...
Vehicle Code, sections 40500(a) and 40300.
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...
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...
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...
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...
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...
If you argue the law correctly your chances of a favorable outcome are high. What's the status of your citations?