Marin County, trial by written decleration denied?

Well, I live in Marin.

A friend of mine sat through two days of traffic court and NOT ONE ticket/ case was not guilty or dimissed. All LEOs were present too. So perhaps Marin is hard up.

I'd love someone to challenge the Marin traffic court system. Maybe reform and a class action?

In your case, if trail by written declarion is a standard, why is the court denying said rights? Then there's a lack of appeal.

Art may have a story or three about the Sunday Morning Ride and Marin traffic courts.

oh well...off my soap box now.

 

What the hell is wrong with California courts?? This is a page out of Red China. A court issued a "waiver of rights"??? Well F me *angry*

 

I've lost about 2 cases in Marin on tickets in the last 2 years. One was my own, and another for a client. The balance (over 20), we've won. Having said that you can't win in a contested case in Marin. Period. The only way to win is to use the procedures on them, make life so difficult that they can't or won't comply. Plan: get the ticket, then appear, get a trial date no more than 45 days in the future, do not waive any rights (do not allow them to set this before either of the two women judges, kelly and the other one, see California Code of Civil Porcedure, Section 170.6 for how to eliminate them). Immediately write to both the DA and the ticket issuing agency an informal request for discovery (see the local rules for format, etc). Give them 10 days to comply. When they don't, file a discovery motion. When no appearance is made on the discovery motion, appear at trial, ask for a dismissal. If the court declines, file an appeal. People v. Agnew guarantees you a trial within 45 days of agreeing to appear, and although its a 1965 case, it's still valid law.

Art

 

I like this point of attack. I am curious as to what the following means:

"40902. (a) (1) The court , pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code, other than an infraction cited pursuant to Article 2 (commencing with Section 23152) of Chapter 12 of Division 11."

What is Article 2 section 23152 of chapter 12 of div 11? Where can I find it?

If they are at fault denying ones right to appear by mail they are probably setting themselves up for automatic procedural dismissal...

 

Marin is a seperate State from California, at least in their eyes. Their judicial system, at least when it comes to traffic is unique to the State. I'll look up the references after the 1st.

Art

 

Ben:

The local Rules are generally posted on their web site, so you might want to go there to see them. You can also buy them from the Clerk. I'd bring a copy of Angew with you when you make that motion, because the various traffic court judges are generally dumber than a stone, and won't have a clue when you make the motion, and they are generally pretty lazy, so they won't look it up. The two women are the worse of the group, problem is you disqualify one, you get the other, frying pan into the fire type of situation.

They've got to provide you with all of the discovery, so make it an onerous as posssible. I'd even request the officer's personnel file, but you'll have to file a pritchess motion to get it (Pritchess is the name of the case that authorizes such disclosure). I've got the various cook books in the office regarding these items, but I'm out until the 3rd. Faisal has a copy of Angew is you need it before then.

Art

 

If it's not on the papers they send you, then you can use the 170.6 the day of the trial. If that happens, no matter who they give you, I'd wait until the end of the calendar, say noon, when the courts have a full afternoon calendar, then use the motion, and if its the 45th day, you might just get the case dismissed.

Art