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Traffic Infractions are not Criminal, says California Courts.

28 Dec

Traffic Citations are not Criminal, says California Courts.

Date: Tue, Dec 25, 2012

Subject: Californian proves cops can’t write you a traffic ticket

for infractions.

This is a subject that is very near and dear to my heart. As someone

who has been studying the vehicle code and it’s legislative history

on and off for the past 12 years, I just can’t help but smile when

someone proves in open court that the vehicle enforcement apparatus

is nothing more than a massive racketeering operation. OK, maybe

he didn’t prove that, but Dan Giguere of Los Angeles did prove that

the police can’t write a ticket for an infraction.

Dan received a traffic citation a little over a year ago for unsafe

speed in violation of California Vehicle Code section 22350. Dan

went to court and made a special appearance to obtain information as

to who the plaintiff in the case was so that he can file a motion

and properly serve the opposing party. Since the citation doesn’t

indicate who that party is, it was fair to ask the court. Instead

of answering Dan’s question the judge entered a plea of not guilty

with Dan’s objection. Dan was able to quote a California court case

known as People v. Sava which ruled “The limitation of an accused

right to a jury trial has withstood constitutional attack upon the

rationale that the legislature had never intended infractions to

be criminal. The Judge agreed and admitted that the case is not

criminal, which is correct. The judge set the case for trial and

ignored the obvious implications of such a fact.

Dan consulted the Vehicle code and the powers of arrest by a peace

officer and it turns out that peace officers only have the authority

to make an arrest without a warrant if they have probable cause to

believe a public offense has been committed in their presence. A

public offense according to 683 of the Penal code is a type of

offense that warrants a criminal prosecution. But since infractions

are not crimes, then it can’t be a public offense. Some of you may

think “wait a minute, I’m not arrested when I’m given a ticket.” Oh

yes you are. According to 40500 of the Vehicle code a traffic stop

and issuance of a notice to appear constitutes an arrest, besides

what happens if you refuse to sign the ticket? They will threaten to take you

off to jail, and sometimes will.

Dan filed a motion to dismiss for lack of subject matter jurisdiction

and a motion to suppress the notice to appear arguing that the

officer lacked any probable cause to believe a crime has been

committed in his presence and therefore no crime has been alleged. He

filed with the court just a few days before his trial. The judge

agreed with the motion and suppressed the citation and dismissed

Dan’s case.

The significance of this is huge because what you have are peace

officers (city employees) conducting traffic arrests for non-criminal activity,

triggering debt collection actions on behalf of non-complaining

parties by way of a voidable notice to appear.

The next time I get pulled over for an infraction I’m simply going

to ask the officer “What is your probable cause to believe a crime

has been committed?” If he starts to name anything other than an

actual crime than I’m going to tell the officer that infractions are

not crimes according the California Supreme court and that I don’t

consent to the stop”. Once I say I don’t consent and the officer

doesn’t release me, they can be charged for “False Arrest” and that is a crime.

Remember if it is a law principal in the “state” of California it s a law principal in all jurisdiction in which a US court operates.

Good job Dan.

I wander if one can go back on old charges and do the same, probable cause is jurisdiction in the first instance, so the arraignment would be a nullity and all

after also.

[11:38:09 AM] WTP, williamfrancis1: See if there is a statute of limitations on barratry.

[11:39:45 AM] pauljjhansen.com: I am quite sure there is no statute of limitation on subject matter jurisdiction in the first instance, no jurisdiction in the first

instance means to time starts ticking that is associated with a statute of limitations.

>>>

I personally believe a non-statutory territorial jurisdiction challenge by “Plea In Abatement” should always be your first challenge. Paul John Hansn

P.S. I used one in Nebraska with no registration, suspended license, no liability coverage, and one failure to appear, and the court has now, for 60 days, sat

on an “under advisement” statues, so it is obvious the court is in a quandary of what to do. Paul John Hansen 12-29-2012

Original intent of the Legislature is a powerful defense.

Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.

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