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  1. #1
    Join Date
    May 2006
    Posts
    7

    Default Change of venue

    I want to know how do I request for change of venue for my ticket, i got this ticket in Victorvill and i live in Irvine, which is good 2hour drive on any given working day M-F, please tell me the detail process, do i have to appear at least once to the court and plea not guilty or can i do this over the phone or by mail

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Change of venue

    Section 40502 of the California Vehicle Code provides:
    Quote Quoting Venue for California Traffic Tickets
    The place specified in the notice to appear shall be any of the following:

    * * *

    (b) Upon demand of the person arrested, before a judge or other magistrate having jurisdiction of the offense at the county seat of the county in which the offense is alleged to have been committed. This subdivision applies only if the person arrested resides, or the person's principal place of employment is located, closer to the county seat than to the magistrate nearest or most accessible to the place where the arrest is made.
    Does moving the venue to the County Seat help you?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Change of venue

    Victorville is in San Bernardino County and Irvine is in Orange County ... they won't change the court to another county.

    Here is a link to information for San Bernardino County Courts:

    http://www.co.san-bernardino.ca.us/Courts/

    And one for CA court info in general:

    http://www.courtinfo.ca.gov/selfhelp/traffic/

    - Carl

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Change of venue

    Quote Quoting Mr. Knowitall
    Section 40502 of the California Vehicle Code provides:
    Does moving the venue to the County Seat help you?
    Of course, that request has to be made at the time of citation.

    In 15 years I have had that request made once ... it took me about 25 minutes because I had to play "tag" with a Dispatcher and then Admin to find out what to put on the citation.

    - Carl

  5. #5
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Change of venue

    That's very useful information that everyone should try to remember in the event of a citation and it could really be helpful. For example, if you receive a ticket in Truckee and live in Auburn (both in the same Caliofornia county), the chances of the cop showing up would be highly unlikely..in the winter, probably near zero.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Change of venue

    And weather would be a good excuse for the officer to have the date continued.

    Also, if it was a local officer who cited you, there is no way of saying WHERE they might live as costs of living vary greatly there ... most Auburn cops can't afford to live in Auburn. Plus, depending on the agency, they likely get time and a half door-to-door, with a minimum of three hours of O.T.

    People can try this stuff, but it rarely works. Plus, the courts do not have to change venue and often won't.

    - Carl

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