California Vehicle Code
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Senior User
Joined: Jun 2002
Posts: 211
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From: SoCal
California Vehicle Code
Lets say you are driving between Orange County and Vegas and are pulled over out near Baker for driving in excess of the posted limit, (hypothetical of course, since NO FTE member would ever violate traffic laws).I have been told that California Vehicle Code 40502(b) provides the alleged violator the right to appear in front of a Judge or Magistrate at the County Seat, (in this case, San Bernardino), in the jurisdiction the offense is alleged to have been committed rather than the nearest town having a courthouse, (again in this case, probably Barstow).
The advantage here, (I have been told), is that the citing Officer might have some trouble/choose not to appear at the named County seat, thus forcing the Judge to dismiss the charges. Although I personally would never stoop to such legal chicanery, I thought that I would bring it up here in the new SoCal Forum for your consideration and comments.
Admom
Joined: Feb 2001
Posts: 9,414
Likes: 201
From: Silver Springs
California Vehicle Code
Here in So Fla, we have speed traps "everywhere". We're in the process of fighting a ticket now for Steve getting popped for going through a yellow. What they do is have one cop at the corner just before you hit the light and a group of cops further down the road. The one radios the others and they pull you over. Most people just pay the ticket. We found out that both the officer who saw the incident and the one that wrote the ticket both have to go to court.
90 out of 100 that take it to court win because it's hard to get both officers to show at the same time.
90 out of 100 that take it to court win because it's hard to get both officers to show at the same time.
New User
Joined: Mar 2003
Posts: 1
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California Vehicle Code
That is true, but the catch is you have to request to appear at the county seat at the time the officer is kindly giving you a citation.
Otherwise it's the closest "courthouse" and not the closest town with a courthouse.
Otherwise it's the closest "courthouse" and not the closest town with a courthouse.
