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  1. #11
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    Oct 2016
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    Default Re: Speeding Ticket Trial: Commissioner vs Judge Recordings

    How much weight what carries? That article refers to a bunch of different things.

  2. #12
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    Nov 2016
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    Default Re: Speeding Ticket Trial: Commissioner vs Judge Recordings

    Quote Quoting weedkill3
    View Post
    I found this:

    https://www.nolo.com/legal-encyclope...apter11-1.html

    don't know how much weight it carries.
    Even within your linked source, they point out that a judge can (and, I would wager, most likely will) simply have the officer identify the notes accordingly.

    I don't see this as doing much for the case, other than perhaps annoying a judge.

  3. #13
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    Nov 2016
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    24

    Default Re: Speeding Ticket Trial: Commissioner vs Judge Recordings

    Can I motion to file a Demurrer before my trial date or do I need to bring it up at the time of trial?

    The Demurrer would be asking the plaintiff who was actually harmed in speeding.

    reading from here: http://beattraffictickets.org/articl...-demurrer.html

    "It must allege that 1) the defendant owed a duty to the plaintiff; 2) the defendant breached the duty; 3) the breach caused plaintiff injury; and 4) the plaintiff suffered damage.

    Using the above example of exceeding a speed limit and applying it to these four elements, who would the defendant owe a duty to which might be breached? The STATE? But the STATE is legally a fiction (it does not exist in point of fact) and therefore cannot be harmed or owed a duty which might be breached! If it cannot be harmed (by reason of its non-existence), that means it cannot be injured or suffer damage if someone exceeds the speed limit. Thus, all four of the elements for a negligent cause of action have been defeated, and the demurrer by all rights should be granted!"

  4. #14
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    Jul 2016
    Location
    Paso Robles, California
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    511

    Default Re: Speeding Ticket Trial: Commissioner vs Judge Recordings

    Quote Quoting weedkill3
    View Post
    Can I motion to file a Demurrer before my trial date or do I need to bring it up at the time of trial?

    The Demurrer would be asking the plaintiff who was actually harmed in speeding.
    Quit reading this CRAP on the internet. When and how to file a demurrer is covered in the CODE OF CIVIL PROCEDURE SECTION 430.10-430.90

    CCP sec. 430.10 states:
    "The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds:
    (a) The court has no jurisdiction of the subject of the cause of action alleged in the pleading.
    (b) The person who filed the pleading does not have the legal capacity to sue.
    (c) There is another action pending between the same parties on the same cause of action.
    (d) There is a defect or misjoinder of parties.
    (e) The pleading does not state facts sufficient to constitute a cause of action.
    (f) The pleading is uncertain. As used in this subdivision, "uncertain" includes ambiguous and unintelligible.
    (g) In an action founded upon a contract, it cannot be ascertained from the pleading whether the contract is written, is oral, or is implied by conduct.
    (h) No certificate was filed as required by Section 411.35.
    (i) No certificate was filed as required by Section 411.36."

    Now, which one of these are you going to base your demurrer on?

    Once you make that determination, the next requirement you will have to overcome is CCP sec. 430.41(a) which states:
    "Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer."

    Now, do you still want to file a demurrer?

  5. #15
    Join Date
    Nov 2016
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    24

    Default Re: Speeding Ticket Trial: Commissioner vs Judge Recordings

    but but but, ok, if i did do this, would this fall under (e). And doesn't the officer who is the prosecutor witness have to respond? If he doesn't and I doubt they will, case dismissed!

    We have no actual prosecutors in Fremont that do infractions.

  6. #16
    Join Date
    Jul 2016
    Location
    Paso Robles, California
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    511

    Default Re: Speeding Ticket Trial: Commissioner vs Judge Recordings

    It is too late in the proceedings for you to file a demurrer. If you had a legitimate reason, which you don't, it would have been filed BEFORE your first trial.

  7. #17
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    Nov 2016
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    24

    Default Re: Speeding Ticket Trial: Commissioner vs Judge Recordings

    Ok forget that.

    At my trial, before the judge questions the officer, can I ask the judge for traffic school/moving the infraction from moving to non moving, reduction of fine, ,then i can plead guilty and let them get the case of there workload?

  8. #18
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    511

    Default Re: Speeding Ticket Trial: Commissioner vs Judge Recordings

    Are you eligible for traffic school?

    If you are, you can call the court and find out if the clerk can approve traffic school and if not, yes, you can appear in person and before the trial request traffic school. This will NOT change the charge though, it's still a moving violation but by completing traffic school the point will not show up on your record. Also, the court may or may not reduce the fine.

  9. #19
    Join Date
    Nov 2016
    Posts
    24

    Default Re: Speeding Ticket Trial: Commissioner vs Judge Recordings

    Jim, lets say during the trial as the judge is questioning the officer, he never mentions verbally he was on duty.

    Under PC 40800 , 1118 motion, can i get the case dismissed because officer never testified in court he was on duty when he gave me the ticket. I got this info from a ticket law firm you tube presentation at a law school.

  10. #20
    Join Date
    Oct 2016
    Posts
    1,121

    Default Re: Speeding Ticket Trial: Commissioner vs Judge Recordings

    Stop already, you're getting ridiculous.

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