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  1. #1
    Join Date
    Apr 2020
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    3

    Default Calif. Traffic Ticket Change of Venue Under CVC 40502(B)

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

    My question involves civil rights in the State of: California

    I received a photo ticket in Culver City CA. with a court appearance in Santa Monica CA.

    My county seat is Los Angeles Metro (Downtown)

    I did not have the opportunity to request a change of venue to the Metro Court.

    Would anyone know what the procedure is to request a change of venue with a photo ticket?

    Do I call the issuing police dept. and request the citation be re-issued by them?

    Thanks in advance.

  2. #2
    Join Date
    Jul 2018
    Posts
    2,336

    Default Re: Calif. Traffic Ticket Change of Venue Under CVC 40502(B)

    First, this has nothing to do with venue because all of Los Angeles County is a single venue. Second, do you live, or is your "principal place of employment . . . located, closer to the county seat than to the magistrate nearest or most accessible to the place where the" ticket was issued? Third, what do you mean when you say that you "did not have the opportunity to request a change of venue to the Metro Court"? Why couldn't you have done it after the officer handed you the ticket and before you signed it? Fourth, why would you want to trudge to downtown LA than to Santa Monica?

  3. #3
    Join Date
    Sep 2010
    Posts
    19,666

    Default Re: Calif. Traffic Ticket Change of Venue Under CVC 40502(B)

    He wasn't handed a ticket. It was a photo ticket.

  4. #4
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    527

    Default Re: Calif. Traffic Ticket Change of Venue Under CVC 40502(B)

    Your request to change your appearance to the county seat would be made to the court, not the police agency. I would suggest you call the courthouse and see if you can make this request by phone, in writing or if you will have to appear for your arraignment to make your request in person. Either way, you have the right to your case being heard at the county seat.

    You should find the following case helpful. Read and study it.

    "Having been cited for a traffic violation in a judicial district (Newhall) outside the county seat, defendant was entitled, upon his request, to be tried at the county seat (Los Angeles)."
    AMIR v. SUPERIOR COURT OF LOS ANGELES COUNTY, Cal: Appellate Div. 2018

    "The plain meaning of the words of the statute preclude a court's exercise of discretion when the specified showing regarding residence or place of employment is made, and this plain meaning controls our determination regarding the Legislature's intent. 'The clear import of the statute['s use of the word `demand'] is . . . to give the right to the arrested person to specify the place of his appearance and trial. If he has a right to demand that as something due him, that right cannot be denied him at the discretion of the arresting officer [or the trial court].'" AMIR v. SUPERIOR COURT OF LOS ANGELES COUNTY, Cal: Appellate Div. 2018.
    *****
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  5. #5
    Join Date
    Sep 2010
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    19,666

    Default Re: Calif. Traffic Ticket Change of Venue Under CVC 40502(B)

    Provided his residence or job is close to the county seat, there is no discretion state's (the court, the police agency, etc...) part You may have a hard time reaching someone at the Court right now. I think the clerk's office are closed until the March 23, at least. I'd mail such a request in (postal mail) and follow up when they are open again.

  6. #6
    Join Date
    Oct 2016
    Posts
    3,972

    Default Re: Calif. Traffic Ticket Change of Venue Under CVC 40502(B)

    Quote Quoting flyingron
    View Post
    I think the clerk's office are closed until the March 23, at least.
    I assume you mean April 23rd.

  7. #7
    Join Date
    Sep 2010
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    19,666

    Default Re: Calif. Traffic Ticket Change of Venue Under CVC 40502(B)

    Oops, March 23 was the effective date of the closure. No date on when the clerks will open for business...

    Here's the info on the postponement of the traffic cases; http://www.lacourt.org/newsmedia/upl...2020_FINAL.pdf

  8. #8
    Join Date
    Feb 2020
    Posts
    383

    Default Re: Calif. Traffic Ticket Change of Venue Under CVC 40502(B)

    Culver City is in LA County. Paying a photo citation in LA County is voluntary if you do not respond to the intimidating/incriminating notice you received.

    http://highwayrobbery.net/redlightca...DocsContd.html

    If you responded already then you are on the hook for the citation.

    If you fight it alone you will likely lose.

    If you think you can say it is another driver, the judge has a way of making you tell who it is or be found in contempt of court. Only a very polished lawyer can navigate through that questioning process...and you cannot be in the room when it is done.

    My advice:
    If you haven't responded to the citation then don't. Wait for a second notice, most likely certified mail, and refuse it. Say "he doesn't live here."

    If you responded to the notice in any way, you are screwed and kiss that $480 good by.

  9. #9
    Join Date
    Apr 2020
    Posts
    3

    Default Re: Calif. Traffic Ticket Change of Venue Under CVC 40502(B)

    Much appreciated. Thanks.

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