Archive for June, 2010

Speeding ticket defense for CVC 22349 – By Mr. MC

Wednesday, June 30th, 2010

How do you defense your speeding ticket with CVC 22349 ?

First of all, as I have already blog about, always do these:
1) When you get pulled over, always respond to Officer:
“I was driving safely!”

2) Before signing a ticket, request for Change of Venue to the County Seat, and write “County Seat please!” next to your signature.

Then, always fight a traffic ticket via the Trial By Written Declaration.

Then, in your Trial By Written Declaration, argue with one, or some, or all of the followings:
1) You were driving safely by avoiding an accident.
The best argument: Someone behind you were at a higher speed approaching you, and almost rear-ended you. Since you were not able to change lane safely at that very moment, you briefly sped up to avoid an accident, and changed lane to yield. And, at that unfortunate moment, your speed were caught by an Officer’s Lidar gun about 800 feet away.

2) Officer’s use of Radar/Lidar gun was invalid.
Best Argument: The distance between the Lidar gun and your car was more than 1000 feet as described by a New Jersey Judge Stanton. Or, his Lidar gun has not been calibrated properly.

3) Officer needs to show his valid Radar/Lidar Training Certificate
Best Arguement: Officer could not present his certificate, or his certificate has been expired!

4) Minimum Speed Law CVC 22400: “…No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic…”

If you lose your Trial By Written Declaration, always request for Trial de Novo via Form TR-220 within 20 days from the received date of the Notice of Decision from the court.

Mr. MC
The Founder of MotherCopper.com

Traffic ticket – By Mr. MC

Monday, June 28th, 2010

What do you do when an Officer is about to issue you a traffic ticket ?

We used to think that if we tell the truth, and be honest about everything, and being polite, the Officer will just let you go. Well, it used to be the case. But, think about our City which is kind of broke, or it has already filed bankruptcy, and there are no income to pay for its employees including the police officers, do you think you can still avoid getting one ? And, think about the Officer who may even get fired if he does not fill his quota for the day, or say there is no quota, what if his co-workers are writing 300 tickets per month compare to his 50 tickets ? It does not look good, right ? According to one Judge at the Palo Alto Courthouse, there are about 5000 tickets issued each month per county.

So, when you get pulled over, find a place to stop where it is safe for yourself but extremely dangerous for the Officer. I did it once, as soon as I got flashed, I stepped on the brake quickly and pulled over to the left where it has less than 700 feet. That Officer could not stop in time, he could not block the traffic, and he knew that he has to stand at the right side of my car in order to hand me a ticket which is an extremely dangerous for himself. So, he accelerated, stared at me, and left the scene.

If he managed to stop and question you, you should always respond to an Officer, “I was driving safely!”. When I got my ticket for ab unsafe lane change (CVC 21658, Case #0007), the Officer keep asking me this:

Officer: “I saw you cut in front of that van, and that van has to brake very hard!”
Mr. MC: “I was driving safely!”

Officer: “I got the license plate number of a witness, and I can go get a statement. That driver also witness what you did.”
Mr. MC: “Arr…..I was driving safely”

Afterward, from the police notes, the Officer wrote:
“I was changing lane safely!”
Imagine if I told the truth, the Officer would have wrote:
“I was changing lane unsafely!”

If you are to fight a traffic ticket, the Judge will see the police note, and you are already admitting your guilt instantly. This is what we called self-incrimination. It’s stupid to do so.

Then, the Officer will ask you to sign the ticket, and you should request the Officer to have your ticket to be handled by the County Seat of the county where you were cited (a.k.a. Change of Venue to the County Seat). Remember, it is where you were cited. If you get a ticket in Los Angeles, and if you reside in San Francisco, your County Seat is still in Los Angeles County. Most Officer do not know about the County Seat request, and even if they do, they will not want to help you with that since they have to do extra work. Remember, it’s your right to get County Seat. Also, while 300 tickets goes to a non-County Seat courthouse, and only yours go to the County Seat, the chance for that Officer to show up at the trial for your case can be lower. Also, the County Seat courthouse is usually 10+ miles away from the non-County Seat courthouse which is inconvenience for the Officer. So, write “County Seat” please next to your signature. It will be your proof that you did request for it. And, you will have to request for County Seat the second time at your Trial by Written Declaration (TR-205) , or/and during your Trial de Novo.

In conclusion, remember these:

  1. Find a safe place to stop for yourself, but an extremely dangerous place for the Offcier
  2. Always respond, “I was driving safely!”
  3. Verbally request for County Seat, and write “County Seat” please next to your signature.

Mr. MC
The Founder of MotherCopper.com

Traffic Court – By Mr. MC

Sunday, June 27th, 2010

There are only a few reasons that you should visit the traffic court:

  • * Arraignment where your court appearance is MANDATORY (i.e. fix ticket, show proof of insurance, DMV registration, or driver license).
  • * Arraignment where you do not wish to fight a traffic ticket, and you just want to plea “Traffic School”, request for fine reduction, and traffic school level one.
  • * Trial de Novo.
  • * Under your strategy, or you are running late to serve legal documents on the due date (i.e. Trial By Written Declaration TR-205, Motion, Request for Trial de Novo, request for language translator, and etc).
  • * Court made a mistake, and you have to explain to the Judge or clerk (i.e. court clerk lose your legal document, court phone system is way too busy).
  • * You live or work very close to the court.

Don’t waste your time at the traffic court if you are just trying to:

Finally, beware of the traffic court tricks!

Mr. MC
The Founder of MotherCopper.com

How to fight a speeding ticket ? By Mr. MC

Saturday, June 26th, 2010

How to fight a California speeding ticket ?

First of all, when you get pulled over, always respond to the Officer, “I was driving safely!”,
and don’t say anything else which may hurt your case. Don’t argue! Don’t give any quick excuse! For example, you should not say that you were following the traffic flow at 70 MPH since anything more than 65 MPH is considered speeding (CVC 22349). Officer will note down exactly what you told him on the back of the ticket, and the Judge will see those notes. Another example is that if you want to change your excuses later, it will be too late to do so. So, always say, “I was driving safely!”, and discuss the excuses with me.

Secondly, if your violation is CVC 22349 where you speed was above 65 MPH, you will have to argue that you were trying to avoid an accident where someone almost rear ended you.

Thirdly, if your violation is CVC 22350, and if the a Radar or Lidar gun was not used, you will have to argue the law itself. If a Radar or Lidar gun was used, and there is a valid Traffic and Engineering Survey which may benefit your case, your chance of winning is 90%+.

Fourthly, always fight a traffic ticket by doing Trial By Written Declaration.

Mr. MC
The Founder of MotherCopper.com

Fight a traffic ticket – By Mr. MC

Saturday, June 26th, 2010

There is a lot of frustrations to fight a traffic ticket.

One has to take half day off from work or school to visit the courthouse, stay in a long line, wait for the court trial to begin, stand and speak in front of a Judge who is on the Officer’s side for most of the time, question the Officer in open court, and etc. It’s scary!

However, there is no need to visit the courthouse to fight your traffic ticket.

One may fight a traffic ticket via Trial By Written Declaration (a.k.a. Trial By Declaration) in
California (CA), Hawaii (HI), Ohio (OH), and Wyoming (WY) state
.

It is in the form of writings. The Defendant submit (or, serve) the Trial By Written Declaration via mail or in person to the courthouse along with a bail check, and the Officer has to do the same. After a few weeks, the Judge will review both Trial By Written Declaration, and will mail you the Notice of Decision. It’s easy and simple!

In California (CA), after you receive your traffic ticket (a.k.a. Notice To Appear), wait for the Courtesy Notice, and then, download form TR-205 (California state), fill it out, and submit it about two or three weeks before the due date.

Defendant should receive the Notice of Decision after 8-10 weeks from the date Trial By Written Declaration was sent. If Defendant is to be found guilty, Defendant may immediately request for an appeal trial called the Trial de Novo where Defendant will have to attend the traffic trial in person for which Defendant may question the Officer in open court.
By fighting with Trial By Written Declaration, and then, the Trial de Novo, Defendant has two chances to win. At MotherCopper.com, we have a success rate of 86%.

If you want to fight your traffic ticket now, please start here.

To learn more about fighting or contesting a traffic ticket, take our classes at MotherCopper.com.

Mr. MC
The Founder of MotherCopper.com