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How I Beat A Cell Phone Ticket In CaliforniaBy Martin Hill
LibertyFight.com
4/24/09
In the first week of July 2008 I posted article, I Reject Your B.S. ''law'' about a 'cell phone ticket' I got in CA the first day the law went into effect. [See California law, Hand-Held Wireless Telephone: Prohibited Use]. I said,
"These laws are unconstitutional, (not that that has ever stopped the 'selected' criminals before,) and if I do not win on these grounds, as is my primary preference, I will win by drowning them in their own procedural paperwork. There is an excellent treatise on the unconstitutionality of cell phone laws HERE, which was filed in a case out of New York a few years ago.
I have beaten 6 tickets in court and will beat this one. They're not getting a dime off of me. Reject them and their tyrannical laws. My servant government has NO AUTHORITY to dictate how, when, or to whom I speak. And to my lovely wife, feel free to call me any time, I'll be sure to answer. ;-)
I won this matter in court yesterday and beat the ticket without paying a dime. As the video below explains, the first thing i did when the cop wrote the ticket in 2008 was demand a 'change of venue', which makes the pig drive way out of his way. After they gave me the 'county seat' as required by law (only if you demand it), I realized that the Azusa police had filed the ticket with their local court about a mile away from their police station, instead of the Los Angeles County Seat as required by law since it had been granted and checked on the ticket.
So, I sent them a nice letter explaining that the West Covina court had zero jurisdiction in the matter, and that they are to file the ticket with the proper court as per the CA vehicle code, otherwise I would file a civil rights lawsuit against them in 5 days, for violation of my due process, tampering with evidence and altering an official document. I sent this certified return reciept, to prove they got it. Whad'ya know, without any response to me, they magically saw the light and changed it to the proper court.
However, they had done so too late. When I showed up on 9/12/08 at the Los Angeles County Seat court on Hill Street as promised on the citation I signed, the shrew of a court clerk (really very power-starved, nasty and unprofessional) refused to let me see any judge for my arraignment because she said 'we have no record of this ticket'. I told her that wasn't my problem, showed her the citation, and demanded to see a judge as lawfully required. She said NO. I called her supervisor and he was at lunch. She asked me to sign what she called a 'TRACER', & said the court would contact me if they found the ticket. So I went home.
About 3 weeks later I recieved a notice stating that my license was being suspended, that there was a warrant out for my arrest, and that the fine had increased from $93 to almost $1000, because a 'FAIL TO APPEAR' had been issued.
Can you IMAGINE the consciousless evil of such satanic filth who would dare pull such an affrontive operation? I have already known for years that government is unspeakably corrupt, which is one reason I always fight tickets, but words can not describe the anger when I recieved this letter.
I reached the court supervisor by phone to detail this outrageous fraud and demanded he remove all these phony charges immediately, which, to his credit, he did.
I got my court date after a few extensions (always get extensions, it always helps.) I pled not guilty and got an OR (bail waiver) to avoid paying the scum $93 bucks 'bail'.
I then filed a ''discovery request'' with the local D.A. In a traffic infraction case, this is an informal process which involves sending letter (certified with a return reciept, if you're smart) to the D.A. who is prosecuting the case. Although the D.A. never shows up to traffic cases personally , at least as far as I have seen, they are indeed the prosecutor and must comply with your discovery request. This is part of our basic due process, your right to examine all the evidence against you.
I showed up to court 4/24 and the dumb-as-a-rock socialist pig cop, who had explained at the time of the ticket that he loved the cell phone law because 'it saved lives' (complete nonsense) did not show up. Probably for a number of reasons:
1. Nearly a year had gone by since he wrote the ticket
2. I had subpeanad all sorts of stuff to make it hard on him
3. Traffic tickets must be adjudicated within 45 days of arraignment, and since I had appeared for arraignment 9/12/08, it had long been past 45 days. Despite the fact that the pig clerk and her pig supervisor claimed that they were not obligated to let me see the judge that day, I am sure that is complete nonsense and that I would have certainly won even if the pig cop had shown up.
By the way, if anyone resents the fact that I refer to all these scum as 'PIGS', too bad. A spade is a spade and a pig is a pig. Do more research and you will realize that we live in a literal satanic inspired police state. We must all fight with everything we have to resist this evil tyranny which has envloped our nation on every level. That is why I fight traffic tickets and every other sort of evil oppressive tyranny that the state and it's loyal servants employ.
It is such a great feeling when you beat these things that I always encourage others to do so. Three of my friends, all of whom had never fought a ticket, have fought and won in court at my suggestion. A few sites I highly recommend are HelpIGotaTicket.com [This is the free informational site where I learned all this stuff. It is a top notch website, whose editor Geo McCalip should be applauded. Also, see HighwayRobbery.Net: Everything you ever need to know about fighting red light camera tickets; and my sites NoTrafficCameras.Info and LibertyFight.com.
Glory to God in the Highest.
Here is a video I made at the court. How I Beat A Cell Phone Ticket In California
Related Links:
RED LIGHT CAMERA TICKETS DEFEATED IN CALIFORNIA
Martin Hill on GCN Live with 2004 Libertarian party Presidential Candidate Michael Badnarik 1/28/09 discussing fighting traffic tickets
Audio here. See also [Show Notes 1/28/09[- A good resource].
Martin Hill with Christie Czajkowski of TruthBrigade.org 3/11/09 discussing fighting traffic tickets
Video: IT'S NOT ILLEGAL TO FILM COPS. RESIST ILLEGAL ORDERS- ASSERT YOUR GOD GIVEN RIGHTS
Watch a kook cop try to tell me to turn off my videocamera.
Change of Venue: An Easy Way To Beat A Traffic Ticket (Great Preemptive Measure)
The article below is one that The Press Enterprise interviewd me for. Unfortunately it had a grossly misleading & innacurate headline:
In Inland area, more accident-reducing red-light cameras on the way
August 3, 2008
My explanation of the above article and interview is here:
Opposition to red light cameras: a personal view
CONSTITUTIONALIST BEATS SEAT BELT TICKET IN CA
The Fraud of Seat Belt Laws:
Traffic Deaths Decrease 10+ Percent For Those Not Wearing Seat Belts. (Govt Report)
CHECKPOINTUSA.ORG (Excellent site!].
COPS ARE UNDER NO OBLIGATION TO PROTECT ANYONE.Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone
[click here]
CALIFORNIA DREAMING: Police have no obligation to protect any individual from harm
POLICE ADMIT PLANTING GUNS AND DRUGS IN CARS, LAUGH ABOUT IT
The Brett Darrow Case
Brett Darrow is a 20 year old from St. George Missouri, who decided to mount a video camera in his car after getting some traffic tickets. Watch the bizzare series of events that unfolds in September 2007 when Brett politely invokes his God given rights to privacy and Constitutional protections. Sgt. James Kuehnlein became outraged and began screaming like a lunatic, berating and threatening Darrow, saying he would find '9 different charges' to lock him up on. Darrow later posted the video online where it got international attention, and Sgt. Kuehnlein was promptly fired. Darrow had an eerily similar incident happen to him in December 2006, when he politely invoked his rights and told a cop at a checkpoint that he did not want to discuss his personal life. Both these are must-see videos. Kudos to Brett Darrow for standing up for his unalienable rights and privacy. We can all learn from him.
"Traffic rules account for most of the contact by average citizens with law enforcement and the courts. Enforcement of laws which are widely perceived as unreasonable and unfair generates disrespect and even contempt toward those who make and enforce those laws." The Appellate Department, in People vs. Goulet But he said: Woe to you lawyers also, because you load men with burdens which they cannot bear and you yourselves touch not the packs with one of your fingers. |


