My question involves a traffic ticket from the state of: California
Received a citation for CVC 21461 in a city (Carlsbad) that isn't part of the county seat. I made the demand prior to signing that the case be sent to the county Seat (San Diego). It this request was ignored by the Deputy and his Corporal. I had them page in a Sergeant to the scene. He also initially tried to refuse the request under 40502b, saying that, like the previous two, that I would need to move for a change of venue. However, after 30 more minutes and reading him the law he directed his Deputy to amend it. The original court was scratched out and initialed by citing officer, and re-checked for the county seat.
I received a courtesy notice from the court closest to where the cite was issued, not the county seat. Prior to the notice, I filed a request for extension. I called the PD records department and asked them why it was issued for the wrong court, and if they could fix it, They called the court and said because the extension was filed, I had to now go to the court to get the change of venue and they couldn't fix it. (The online request doesn't say anything about what court is responsible for the citation when you make the request, otherwise I wouldn't have done it).
The citation shows the crossed out court and the re-checked county seat, I have video/audio of me demanding the county seat.
My thought is to do this via TBD and cite that the court has lack of jurisdiction over the matter under Smith v. Municipal Court, 167 Cal.App.2d 534 and People v. Beltran. This may only get the matter transferred to the county seat, which is fine, but is there any reason this shouldn't be done at TBD? I really don't want to go down to the court to get the change of venue.
Received a citation for CVC 21461 in a city (Carlsbad) that isn't part of the county seat. I made the demand prior to signing that the case be sent to the county Seat (San Diego). It this request was ignored by the Deputy and his Corporal. I had them page in a Sergeant to the scene. He also initially tried to refuse the request under 40502b, saying that, like the previous two, that I would need to move for a change of venue. However, after 30 more minutes and reading him the law he directed his Deputy to amend it. The original court was scratched out and initialed by citing officer, and re-checked for the county seat.
I received a courtesy notice from the court closest to where the cite was issued, not the county seat. Prior to the notice, I filed a request for extension. I called the PD records department and asked them why it was issued for the wrong court, and if they could fix it, They called the court and said because the extension was filed, I had to now go to the court to get the change of venue and they couldn't fix it. (The online request doesn't say anything about what court is responsible for the citation when you make the request, otherwise I wouldn't have done it).
The citation shows the crossed out court and the re-checked county seat, I have video/audio of me demanding the county seat.
My thought is to do this via TBD and cite that the court has lack of jurisdiction over the matter under Smith v. Municipal Court, 167 Cal.App.2d 534 and People v. Beltran. This may only get the matter transferred to the county seat, which is fine, but is there any reason this shouldn't be done at TBD? I really don't want to go down to the court to get the change of venue.
Traffic Lights, Signs and Controls: Cvc40502(B) Demand Granted at Time of Issuance, but Ignored by PD Processing/Court
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