Verified Complaint

[CdwJava]

Uh ... did you actually READ Ralph? It had to do with an FTA.

Ya gotta read the whole decision.

So, we fall back upon CA state law. If you want to change it, call your state Senator or Assemblyman.

[mightymoose]

There are two matters that you are glazing over:
1) is the fact that if you do not sign the Notice to appear that you will be taken to jail. hence compelled to be a witness against yourself. Also is the fact that there are no Miranda rights provided nor a Counsel present.

Wrong. An arrest in this situation does not compel you to be a witness against yourself. It is simply for the purpose of bringing you before a magistrate so the charge may be heard promptly, which is your right. You are not compelled to say a word. Miranda is only necessary if you are being interrogated by the police while in custody, which is not going to happen over a traffic ticket. If you manage to push the matter far enough then you would be offered counsel by the court.

2). The court has clearly stated that without a Verified Complaint there is no Jurisdiction unless a plea is given, that means any plea. Again, you must not plea. Which is permissible (i.e. may plea) the Court has no jurisdiction.

Wrong. You are citing an ancient case. Statutes have changed. The procedure is outlined above in CdwJava's post.

[orangecounty]

cqntialstarco: You are absolutely correct for your posting! I went to court for my traffic ticket arraignment today, the judge said the ticket is the official complaint and asked me not to read the internet stuff to misguide me. I told him I am innocent, I stopped before I turned right on red light. I told him I cannot answer without a verified complaint, he said he must entered a plea of "not guilty" for me and go back to court with the ticketing officer present next month. I could see the the judge acted a bit different though, he did not ask me to post a bail and just have my case scheduled for a court date. Most other defendants when plea "not guilty", there is bail money involved.

In a way, may be he tried to hush me out of his court.

Here is my question, from reading your post, there is no point to bring up the verified complaint then?

Other than hoping the officer does not show up, to back up my defense, I have a polygraph report certifying me of telling the truth. My research has shown witness (ticketing officer) accuracy is only 72% while polygraph report is 92%. Someone told me this is evidence of beyond reasonable doubt and the case may be dismissed, any comment?

You are right also on the judge, I think he will preside my trial also.

[army judge]

Don't be surprised if the prosecutor fights the submission of your polygraph results!!!!


The officer won't miss your court date.

He/she gets paid to be there.

If the officer can't make it, the prosecutor will seek a continuance.

[orangecounty]

I should ask the witness to list the elements of my crime then? Let him do the objection?

[army judge]

I should ask the witness to list the elements of my crime then? Let him do the objection?

Yes, you do that in traffic court.

Yes, you do that.

Dude, it's traffic court.

It's simply a way to get your money.

Go ahead, try those "Perry Mason" or "Matlock" strategies!!!

[CdwJava]

The officer will merely say what he saw you do. You will cross examine him, and then you can make your defense (if you have one). The judge will then render a decision.

It's not a murder trial, and most traffic courts won't put up with internet attorneys dragging things out longer than they need to be.

[orangecounty]

In the case of the officer failed to show up and if the prosecutor seek a continuance, can I object to it?

[CdwJava]

In the case of the officer failed to show up and if the prosecutor seek a continuance, can I object to it?

If this is a CA court, there almost certainly will not be a prosecutor there. You can certainly voice your objection should the court want to continue the matter.

[orangecounty]

Thank you!
In the worse case, how many points for the said offense of going through a red light?
I don't mind paying the fine, I just have a hard time to swallow the the offense I did not do.
I have a clean record without ticket for over 17 years, it is really out of the blue. I pride myself being a safe driver.

[guestposter]

When the "judge" -- Commissioner Of Crime -- enter a NOT GUILTY plea for you, ask him: IS THIS A JUDICIAL DETERMINATION?
Tell him he is practicing law from the bench..

BUT - they never let me talk and threaten me with CONTEMPT if I don't stop asking them these question. But I do have on good evidence that some people DO GET OFF using these techniques... I think "my court" is the toughest in the area with real SOB commissioners...

[CdwJava]

When the "judge" -- Commissioner Of Crime -- enter a NOT GUILTY plea for you, ask him: IS THIS A JUDICIAL DETERMINATION?
Tell him he is practicing law from the bench..

BUT - they never let me talk and threaten me with CONTEMPT if I don't stop asking them these question. But I do have on good evidence that some people DO GET OFF using these techniques... I think "my court" is the toughest in the area with real SOB commissioners...

This thread is more than a year old. If you have a question, please start your own thread. if you are merely here to rail against the system or offer "advice" with little or no foundation in he law, you might be more comfortable on another site that caters to your belief system.

[guestpost]

b) Notwithstanding subdivision (a)......now go read subdivision b. You sir, are a crook in uniform and you forget who you work for......US! That's right, the public. Remember your oath to support and defend the Constitution? Have you even read the Constitution? The whole traffic court system is a massive racket against the public. You write citations and arrest people for breaking the "rules" and you "police officers" fail to follow the very rules you claim to enforce. Shame on you.