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  1. #1
    Join Date
    Mar 2013
    Posts
    1

    Default Change of Venue to County Seat Refused

    My question involves a traffic ticket from the state of: California

    I was driving down I-5S from SF to LA i got a speeding ticket going 88mph on 70mph limit, I honestly was going the same speed as the traffic and did not notice my speed.(it could be the speed limit)

    anyway, i requested county seat so that I could have a trial in berkeley but the officer told me that it is a law to go to the court in the county where I got cited.

    I am trying to to a trial by written declaration and looking for some advice.

    What should I write on the declaration? Should i bring up that I got refused when i requested county seat(VC 40502b)?

    and how much the fine could be (i havent recieved the actual citation with amount yet)

    thank you

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: County Seat Refused

    Quote Quoting jinc1026
    View Post
    My question involves a traffic ticket from the state of: California

    I was driving down I-5S from SF to LA i got a speeding ticket going 88mph on 70mph limit, I honestly was going the same speed as the traffic and did not notice my speed.(it could be the speed limit)

    anyway, i requested county seat so that I could have a trial in berkeley but the officer told me that it is a law to go to the court in the county where I got cited.

    I am trying to to a trial by written declaration and looking for some advice.

    What should I write on the declaration? Should i bring up that I got refused when i requested county seat(VC 40502b)?

    and how much the fine could be (i havent recieved the actual citation with amount yet)

    thank you
    What county were you stopped in? Berkeley is in Alameda County and is not even the county seat for that county.

    You have a right to request to be cited into the county seat of the county where you will be tried (i.e. the county in which you were cited), NOT to be cited into the county seat of the county of your choosing. The state has 58 counties - you do not get to just pick one.

    Understand that going with the flow of traffic is generally NOT a defense to speeding. What specific statute(s) were you cited for violating?

  3. #3
    Join Date
    Aug 2012
    Posts
    115

    Default Re: County Seat Refused

    CVC 40502 states:

    40502. The place specified in the notice to appear shall be any of the following:

    (a) Before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made.

    (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.

    40502(b) doesn't allow you to choose any county you want for your trial -- it only allows you to request the county seat within the county where you were cited, and then only if you live/work closer to the county seat than you do to the nearest courthouse from where you were cited.

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