Sorry to bump this old post, but all the misinformation by OP seems to be confusing newbies, so here's the gist (most of which was said earlier):

  • Most traffic infractions (excluding parking) are a crime in CA, and come with all the bells and whistles applicable to misdemeanors (Penal Code/PC 19.7), except the right to a jury trial and appointed counsel (PC 19.6)
  • You can certainly file motions and demurrers in traffic court, although traffic clerks may say "huh?" when you try to ask them about procedure. You'll get better information from either the clerk in the actual traffic courtroom, OR the criminal/misdemeanors clerk in that court building/system.
  • The "verified complaint ploy" is a no-go, either at first appearance or after an FTA, because of VC 40513(b), which overrides 40513(a) ("notwithstanding") if the citation is on a form approved by the Judicial Council (they all are), and if it's verified (that's the part saying "under penalty of perjury" beneath which the officer writes/signs his name).
  • A commissioner is a magistrate, by virtue of Gov. Code secs. 72190, 72190.1 and 72190.2. This citation explains it best:
    Quote Quoting Branson v. Martin (1997) 56 Cal.App.4th 300, 306
    Under Penal Code section 808, all judges of the Supreme Court, Courts of Appeal, superior courts, municipal courts and justice courts are automatically deemed to be "magistrates." By its wording, Penal Code section 808 does not make that an exclusive list. It does not say that other judicial officers cannot be magistrates.

    Penal Code section 807 defines a magistrate as "an officer having power to issue a warrant for the arrest of a person charged with a public offense." Government Code sections 72190.1 and 72190.2 specifically provide that, if assigned the task by the presiding judge, a commissioner may conduct arraignments and may issue and sign bench warrants. Thus, under those sections, if, on the initial date of appellant's court appearance, Commissioner Martin had the general power to conduct traffic infraction arraignments and to issue bench warrants, Commissioner Martin qualified as a magistrate.
    So, unless your commissioner was appointed after the NTA was filed but before your arraignment, or the court cannot provide you paperwork showing that the commissioner was properly appointed, this argument isn't going to go anywhere either.