Forgot on my last post, several students commented around the Commissioner's comments and realizing with the illustrious and Illusive 'Verified Complaint' on my recent traffic ticket, namely the stop sign ticket. I individually have employed this on various California speeding and traffic tickets, namely cell phone tickets, commuter lane tickets, red light tickets, red light camera tickets and seat belt tickets. It also operates for other California misdemeanors and infractions, nearly any administrative sort hearing.
I have included the audio beneath, so you'll be able to get the feel for that being familiar with, or shall I point out, lack of understanding, of even the courts (or commissioners) position or legal comprehending from the penal code, guidelines with the court, and our the 'verified complaint'.
In this case (and numerous other people in Sonoma County who've reported equivalent stories like this), the Commissioner states, as well as in her assisting tone and explanation, tries to coax me not to use my legal and justified rights to a request for any verified complaint. Additionally to waive time and plead not guilty for me!
Primary, so you can see our placement, the code states (which code?? Nicely many of them-853.9 sub-paragraph (b), of the penal code which with the way, is printed around the infamous NTA or notice to appear-your ticket-in fine print about the bottom of your ticket, that the court wishes you to accept since the 'complaint' to which you May possibly plead mainly because it really is approved from the Judicial Counsel, California Motor Automobile Code 40513 (a) & (b) (note the May well plea verse, doesn't mean you will have to plea while using NTA).
In both of these instances, it states the Defendant (you or infraction violator) May possibly plead 'guilty or nolo-contendere, in the event you WANT TO ACCEPT THE NTA as your complaint; and also 'the defendant may possibly, at the time of arraignment, request that a verified complaint be filed. There ya go BABY, in black and white.
So now let's hear the song and dance the Commissioner tells us, after she's done all the legal research (and she's sick of it), and that I should have filed the motion for request for any verified complaint beforehand (even thou it says 'at the time of arraignment inside the code) but she will take my 'oral' motion over the bench, then on to the night fable tale (like mom use to tell when we went to sleep)about the "officer applied to sign his name for the ticket and the persons could not read his signature, then since it was printed and not signed this didn't constitute a valid verified complaint, blah blah blah (my head is beginning to spin with all the story jargon and not down towards right that I get to request a 'verified complaint at my arraignment'. So as you listen to the audio, also catch the attempt to get me to waive time (we never do). Also in regards to the 'not guilty' plea they wished to enter on my behalf (for another long discussion and California traffic ticket blog post)!
Again, I personally have employed this on many California speeding tickets and traffic tickets California, namely cell phone tickets, commuter lane tickets, red light tickets, red light camera tickets and seat belt tickets. It also works for other California misdemeanors and infractions, nearly any administrative form hearing or public infraction. I will pick up with my next court appearance and let you know what happened!
