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What is my course of legal action when the citing officer refused my right under cal. V.C. 40502B?


Because gasoline is 5 dollars a gallon more people are requesting there right under V.C. 40502B the right to have there trial held near home or employment. Surely the officer that gave me a ticket was in his 40s and I believe that he had to know the law V.C 40502b . He looked me right in the eye and refused my right to a trial at south bay court. What is my course of action.

Its a seat belt ticket . Bail is 76 dollar however if I tried to fight it (roll the dice) it it would cost me about 80 dollars in gas to go east county court house. I didn't write the laws but when I start to use them to my advantage the people start to getting an attitude.

You are misreading the statute. VC 40502(b) allows you to demand trial at the court in the county seat, not just pick the court near your home or employment. And you can only demand the county seat instead if your home or employment is closer to the county seat courthouse than it is to courthouse selected by the officer.

If you are talking about Los Angeles County, the county seat is the City of Los Angeles. So, you could demand trial at a courthouse within the city limits of Los Angeles. But you have no right to demand trial at a location in another city altogether.

EDIT - For San Diego, the "Beltran" analysis is this: under 40502(b), you can request trial at the County seat, which you correctly identify as the City of San Diego. You cannot request South court, which is in El Cajon, not in the San Diego city limits. The "county seat" traffic location is the Kearney Mesa courthouse. You could have requested that one instead of the East district.

As for 40502(a), I don't know whether you have measured the distances correctly or not, but I do know that "accessible" will be a matter of point of view. Given traffic patterns and the roads involved, an experienced police officer may indeed feel that you were assigned to the most accessible courthouse.

And your distance argument boils down to a difference of 1.5 miles?? Even at today's gas prices, most judges would find that you are truly making a mountain of a molehill.

It would be great if you could dispose of this by internet, but I'm sure you can do it by mail, unless you still plan to fight the ticket. But your venue arguments really don't hold much water.

Most traffic courts are not considered "trials", but "hearings". This could change everything for you. The officer may have also realized that you do not "have" to go to court if you pay the fine. More "legaleze" you need to check on.

Nothing, you have to go to court in the county you were cited in. If you were so concerned with the price of gas why where you speeding?

you have to read not only the statute but its annotated version to see if there are exceptions to the statute

I'm not quite sure the answer to your question but here are some websites that may be useful to you. You should show it to a local lawyer also. Most will answer one question without charge.

For useful info take a look at these sites:

http://www.legal-advice-library.info
http://www.austin-texas-lawyers-attorney...
http://www.san-diego-lawyer-attorney-per...
http://sandiegolawyerforyou.com/san-dieg...
be useful to you.

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