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  1. #1
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    Default Re: Change of Venue Motion Request Per Vehicle Code 40502(B)

    Quote Quoting Tenaz
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    I did the motion in the SV court ...
    ...the transfer to Los Angeles county...
    By "SV" you mean "South Ventura"

    And you're trying a change of venue to get the case transferred to an LA County court? I highly doubt its going to work out in your favor. But you're free to try and make a case out of it...

    For traffic infractions, change of venue requests must be initiated with the officer at the time of the stop and even then, you can request that the case be transferred to the county seat closest to your residence or place of employment BUT only in the county where the alleged offense was committed.

  2. #2
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    Arrow Re: Change of Venue Motion Request Per Vehicle Code 40502(B)

    Quote Quoting That Guy
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    By "SV" you mean "South Ventura"

    And you're trying a change of venue to get the case transferred to an LA County court? I highly doubt its going to work out in your favor. But you're free to try and make a case out of it...

    For traffic infractions, change of venue requests must be initiated with the officer at the time of the stop and even then, you can request that the case be transferred to the county seat closest to your residence or place of employment BUT only in the county where the alleged offense was committed.


    Yes when I was stopped by the Officer I requested to the Officer and he denied my request and told me to do request to the court.
    SV=Simi Valley court.Thats what I did and did followed instructions from the Judge.
    Also there is a closest Traffic Court from my house.The alleged violation happens before the county line and I ended up be stopped in V. county.
    I just want to point the right that vehicle code 40502(B) gave me and I have the right to ask with burden proof of evidence.

    TENAZ

  3. #3
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    Default Re: Change of Venue Motion Request Per Vehicle Code 40502(B)

    Quote Quoting Tenaz
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    Yes when I was stopped by the Officer I requested to the Officer and he denied my request and told me to do request to the court.
    SV=Simi Valley court.Thats what I did and did followed instructions from the Judge.
    Also there is a closest Traffic Court from my house.The alleged violation happens before the county line and I ended up be stopped in V. county.
    So...

    The officer alleges that the violation occurred in Ventura county and he wrote the citation and filed it accordingly... You, on the other hand, say it happened in LA County!

    The vehicle code states that you can request that the case be moved to "the county seat of the county in which the offense is alleged to have been committed". You, on the other hand, are saying you want it transferred to a court in a different county!

    Good luck with both endeavors.

    Quote Quoting Tenaz
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    I just want to point the right that vehicle code 40502(B) gave me and I have the right to ask with burden proof of evidence.
    Sorry... I have no idea what you're trying to say, but I'll still try... Let me split your statement into 2 parts:

    Quote Quoting Tenaz
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    I just want to point the right that vehicle code 40502(B) gave me and I have the right to ask...
    Yes, you do have the right to ask as long as you're asking to have the case transferred to the county seat of the county in which the offense was allegedly committed (and in this case, the officer alleges that it occurred in ventura County). But you're not asking for that. You're asking that it be transferred to a DIFFERENT county.

    Quote Quoting Tenaz
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    ... with burden proof of evidence.
    Are you saying that you want the officer to prove that the violation occurred in Ventura County rather than LA County? If that is the case, then I'm guessing that you'll have to wait until your trial date (which I'm also guessing will be held in Ventura County) and hold him to that requirement! I expect that he will testify -under oath- that the violation occurred in Ventura county... His testimony, and unless you can show otherwise, is sufficient to meet that burden of proof.

  4. #4
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    Oct 2009
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    Arrow Re: Change of Venue Motion Request Per Vehicle Code 40502(B)

    (Yes, you do have the right to ask as long as you're asking to have the case transferred to the county seat of the county in which the offense was allegedly committed (and in this case, the officer alleges that it occurred in ventura County). But you're not asking for that. You're asking that it be transferred to a DIFFERENT county.)

    Yes I'm asking the case to be move to Los Angeles County Because I believe the violation I been cited happened in Los Angeles County,Although I got stopped in V county.(Yes the officer believe the violation happened in ventura County).

    Thats what I'll show in the court hearing the proof where the violation took place
    and let decide the Judge if he grant me my motion to change the venue to Los Angeles county court.

    Tenaz

  5. #5
    Join Date
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    Default Re: Change of Venue Motion Request Per Vehicle Code 40502(B)

    Quote Quoting Tenaz
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    (Yes, you do have the right to ask as long as you're asking to have the case transferred to the county seat of the county in which the offense was allegedly committed (and in this case, the officer alleges that it occurred in ventura County). But you're not asking for that. You're asking that it be transferred to a DIFFERENT county.)

    Yes I'm asking the case to be move to Los Angeles County Because I believe the violation I been cited happened in Los Angeles County,Although I got stopped in V county.(Yes the officer believe the violation happened in ventura County).

    Thats what I'll show in the court hearing the proof where the violation took place
    and let decide the Judge if he grant me my motion to change the venue to Los Angeles county court.

    Tenaz
    OK... Good luck!

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