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  1. #1
    Join Date
    Mar 2018
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    326

    Default Recusal of a Traffic Court Judge for Prejudice

    If you exited the freeway, you obeyed the sign. There are no signs whatsoever stating that you can't re-enter 101 again. You did nothing wrong. Obtain a copy of officer's statement from the court, and that should provide more clarity. But you should definitely challenge this by Trial de Novo. Make sure you bring plenty of Googla Maps printouts so that the judge is absolutely clear that you did exit the freeway. Make sure it's a different judge from the one who convicted you in TBD. If it is the same one, raise a peremptory challenge as per CCP 170.6 , on the grounds you don't believe you can get a fair trial.

  2. #2

    Default Re: Ticket for Re-Entering a Freeway from an Exit Lane, VC 21461(A)

    With all due respect, a judgement against you does not mean that the judge was prejudiced!

  3. #3
    Join Date
    Sep 2010
    Posts
    19,602

    Default Re: Ticket for Re-Entering a Freeway from an Exit Lane, VC 21461(A)

    What makes you think CCP 170.6 applies to traffic citations? Even if it did, just because you lost a TBD doesn't prove prejudice.

  4. #4
    Join Date
    Mar 2018
    Posts
    326

    Default Re: Ticket for Re-Entering a Freeway from an Exit Lane, VC 21461(A)

    Farazs, flyingron, if you bother to carefully read the link that I was so considerate to post for your convenience, you will see that prejudice need not be proven, only that the defendant believe so. And flyingron, all provisions of California criminal code apply to infractions, except for those specifically exempted.

    I'm not posting this response to debate you, merely to give advice to O/P. To that end, I will add I have personally raised the peremptory challenge in a traffic case, and it worked with no questions asked. In fact, if it didn't, it would be excellent grounds for appeal.

  5. #5
    Join Date
    Mar 2018
    Posts
    326

    Default Re: Ticket for Re-Entering a Freeway from an Exit Lane, VC 21461(A)

    CCP 170.6 (a) (1) A judge, court commissioner, or referee of a superior court of the State of California shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter therein that involves a contested issue of law or fact when it is established as provided in this section that the judge or court commissioner is prejudiced against a party or attorney or the interest of a party or attorney appearing in the action or proceeding.

  6. #6

    Default Re: Ticket for Re-Entering a Freeway from an Exit Lane, VC 21461(A)

    Quote Quoting zeljo
    View Post
    prejudice need not be proven, only that the defendant believe so
    Hah. I believe that the whole world is prejudiced against me, so I cannot be judged by the laws of men. Let God descend from the heavens if He wants me to pay a fine for my traffic infraction.

  7. #7
    Join Date
    Oct 2016
    Posts
    3,847

    Default Re: Ticket for Re-Entering a Freeway from an Exit Lane, VC 21461(A)

    Quote Quoting zeljo
    View Post
    CCP 170.6 (a) (1) A judge, court commissioner, or referee of a superior court of the State of California shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter therein that involves a contested issue of law or fact when it is established as provided in this section that the judge or court commissioner is prejudiced against a party or attorney or the interest of a party or attorney appearing in the action or proceeding.
    Since you seem to know how to use the bold function. How about you bold the word believe anywhere in the code you quoted.

  8. #8
    Join Date
    Mar 2018
    Posts
    326

    Default Re: Ticket for Re-Entering a Freeway from an Exit Lane, VC 21461(A)

    Quote Quoting PayrolGuy
    View Post
    Since you seem to know how to use the bold function. How about you bold the word believe anywhere in the code you quoted.
    I'm not your 1st grade teacher. Read and think, if you wish to gain knowledge. If not, why would I care?

  9. #9
    Join Date
    Oct 2016
    Posts
    3,847

    Default Re: Ticket for Re-Entering a Freeway from an Exit Lane, VC 21461(A)

    Quote Quoting zeljo
    View Post
    CCP 170.6 (a) (1) A judge, court commissioner, or referee of a superior court of the State of California shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter therein that involves a contested issue of law or fact when it is established as provided in this section that the judge or court commissioner is prejudiced against a party or attorney or the interest of a party or attorney appearing in the action or proceeding.


    Quote Quoting EJay
    View Post
    170.6 (2) A party to, or an attorney appearing in, an action or proceeding may establish this prejudice by an oral or written motion without prior notice supported by affidavit or declaration under penalty of perjury, or an oral statement under oath, that the judge, court commissioner, or referee before whom the action or proceeding is pending, or to whom it is assigned, is prejudiced against a party or attorney, or the interest of the party or attorney, so that the party or attorney cannot, or believes that he or she cannot, have a fair and impartial trial or hearing before the judge, court commissioner, or referee.

    Quote Quoting zeljo
    View Post
    I'm not your 1st grade teacher. Read and think, if you wish to gain knowledge. If not, why would I care?
    And all I can say is thank God that you weren't my 1st grade teacher.

    You used a section of law to support your statement that all that is required for a judge to not be allowed to hear a case is the belief of one of the parties that they can't get a fair trial. The psection you quoted didn't say anything of the sort. A later section of the law states that such belief is enough to file a motion to remove the judge not to remove the judge.

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ticket for Re-Entering a Freeway from an Exit Lane, VC 21461(A)

    If it needs to be said, if you state that you don't believe that the judge is biased, you're not going to succeed in a motion to recuse the judge based on bias.

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