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View Full Version : First you must promise the boat Gods !!!!!!



River Gambler
08-16-2002, 08:48 AM
You must promise the boat Gods that every time you use this secret method to get out of a traffic ticket you will provide me with a case of my favorite alcoholic beverage !!!!!
Now that is done, let me tell you how to get out of receiving traffic tickets on the way to the river. There is a little known CVC section that most police officers do not know about. It should become your very best friend. That is section 40502(b). It simply reads:
"Upon demand of the person arrested, before a judge or other magistrate having jurisdiction of the offense at the county seat of the county in which the offense is alleged to have been committed. This subdivision applies only if the person arrested resides, or the person's principal place of employment is located, closer to the county seat than to the court or other magistrate nearest or most accessible to the place where the arrest is made."
What does all this mean in layman terms you ask? This section allows you, at time of the citation, to ask or demand that the officer add this section to the citation. It will then cause the citation to be transferred to the county seat for the hearing.
So lets say you live in Orange County, you are stopped in Blythe for speeding. The officer tells you he is going to write you a ticket. Prior to the officer writing the ticket explain to him that you are going to request county seat jurisdiction under CVC 40502(b). It most cases he will let you go with a warning. If not, he will write the citation. Be sure he includes the CVC 40502(b) section on the ticket.
This means he will have to drive to down town Riverside when you fight the citation. If, by any chance he does show, just ask for an extension. In almost thirty years I have never seen an officer show up to court to fight one of these citations. It works with city cops and CHP. Just make sure they write the 40502(b) section on the ticket. You can not request it later...
Most young rookies are not aware of this section. Just be nice and polite and explain it to them. They can look it up or radio thier Sgt. for info. In most cases they just mumble under their breath and give you a warning.
Now be honest with me, remember you promised the boat Gods. There is enough of you speed demons out there that I should never have to buy my own drinks again......

future boater
08-16-2002, 09:25 AM
right on! who is going to be the first one to try it? thanks for the info

cal-air
08-16-2002, 09:29 AM
I just searched the Internet and found about 4 other sites that back up this info. I'm definitely gonna remember this one. Hey River Gambler, have you used this?

Havasu Cig
08-16-2002, 09:48 AM
One of the myths out there is that Officers don't like to have to go to court. You have to remember that for most they are making time and a half to be in court (this includes driving time to and from). Most guys I know love court.

bohica
08-16-2002, 10:12 AM
I tried that one a few years ago, and he did show.

River Gambler
08-16-2002, 10:16 AM
Cal-air, I have never needed to, I have another way... but I have two brothers that have used it over the years. The last time was about two weeks ago in Needles.. he got a warning by a CHP. Most officers don't mind court, but most departments will not send an officer to Riverside or San Bernardino to testify on a ticket. They are usually running short with minimum deployment requriments, they can not afford to send a man away for a whole day.Most departments do not pay mileage for court appearances, if the officer does go most likley he would use a city short. In the worse case you get the ticket you were going to get any way. Trust me it has worked very well over the years.. wink
[ August 16, 2002, 11:17 AM: Message edited by: River Gambler ]

HavasuDreamin'
08-16-2002, 10:39 AM
It works. That is how pops got me pleaded down in a BUI case. Told the prosecuter that it would be transferred from Needles to San Bernadino. The prosecuter was a lot more flexible and pleaded me to excessive exhaust and no flag up with a skier in the water!
Works for me!

WetWillie
08-16-2002, 07:12 PM
This one migh need to be stuck to the top! Or maybe a special section for these types of topics!!
WW eek!

TOBTEK
08-17-2002, 10:27 AM
WetWillie:
This one migh need to be stuck to the top! Or maybe a special section for these types of topics!!
WW eek! wish I had seen this sooner, I just finished my on-line traffic school today for a speeding ticket from Lake Shasta. I will be keeping a copy of this post in the truck for sure. Thanks for the tip. wink

spectratoad
08-17-2002, 10:51 AM
Does it work across state lines? :confused:

HighRoller
08-17-2002, 07:25 PM
Call me stupid,but wouldn't it just be easier(and safer)if you drove a little slower and didn't get lit up in the first place??That's the way I do it,I don't drive like grandma,but I don't haul ass either.No tickets,no accidents,no court dates no sections to remember,lower insurance,less wear and tear on tires,engine etc...etc....

GhettoBird
08-18-2002, 10:35 PM
You can bet I'd show up for that one...time and a half and travel time....cha ching

locogringo
08-18-2002, 11:52 PM
GhettoBird:
You can bet I'd show up for that one...time and a half and travel time....cha chingYea, but that's just Mike! :D

GhettoBird
08-18-2002, 11:54 PM
aaahhhh...Danielsahn

locogringo
08-18-2002, 11:57 PM
GhettoBird:
aaahhhh...Danielsahn"aint it late 4 you foooooooolll??
Why don't YOU go and rub your wife's belly!
[ August 19, 2002, 12:58 AM: Message edited by: locogringo ]

GhettoBird
08-19-2002, 12:50 AM
already did...but its very early for me

Steamin' Rice
08-19-2002, 01:40 PM
I'd be curious to hear from some of the police officers on the board on this one also. I guess there's not really anything to lose though, the worst case is that you have to deal with a ticket that you were going to get anyways.
RD, what's this tip for driving school?? :D :D

HM
08-19-2002, 01:57 PM
HighRoller:
Call me stupid,but wouldn't it just be easier(and safer)if you drove a little slower and didn't get lit up in the first place??That's the way I do it,I don't drive like grandma,but I don't haul ass either.No tickets,no accidents,no court dates no sections to remember,lower insurance,less wear and tear on tires,engine etc...etc....I gotta agree with HR. So, you get to the river a half hour or so later. Don't forget better MPG!

Bense468
08-19-2002, 02:19 PM
Dave what is your trick?

Kwicherbichen
08-19-2002, 11:14 PM
RiverDave:
I know of one that allows you to go to driving school as many times as ya like without waiting the 18 months.
RDStart typing

River Gambler
08-20-2002, 12:28 PM
Steamin' Rice:
I'd be curious to hear from some of the police officers on the board on this one also. I guess there's not really anything to lose though, the worst case is that you have to deal with a ticket that you were going to get anyways.
RD, what's this tip for driving school?? :D :D And you get to appear in your local court, not back in Needles or Blythe. Remember, this will only transfer to the county seat in which the ticket was written. It will not work in a small county like Orange. If the officer shows, you can still ask for traffic school or an extension of the court date. Oh, by the way, I'm one of those officers and have been for the last 29 years. Going the speed limit is not always the best thing. If I tow at 55 mph on the I-40 on a Friday night I would just get ran over or cause an accident. I just thought you might want to know your rights and save a second long drive to fight your ticket..

GBLASER
08-20-2002, 01:01 PM
YEP... I know a guy who knows a guy who did this and it worked.

Steamin' Rice
08-23-2002, 11:42 AM
RiverDave:
Sorry guys I've been laggin on gettin back to ya.
I'll post about it tomorrow. I have to call my traffic school and get the vehicle code #.
RDIs it tomorrow yet????? :D :D
Just curious because I recently got a ticket for making a left hand turn and will most likely go to school for it..

Steamin' Rice
08-28-2002, 01:05 PM
??

Horsepowerchik
08-28-2002, 01:50 PM
This does work. I have a friend who races CORR. He is always drivin from Cal to Midwest, Back East Etc. He got Lit up for towin his Race truck trailer in #2 Lane, passin someone. Cop gave him a "Lane Control" violation. BS! Well, he told the cop, simply that he wanted "to have the Venue changed from Wisconsin (or where ever) to Riverside. They had to do it. You can bet the Cop couldnt get OK'd to fly out to So Cal! :p
HPChik

dankirk
08-28-2002, 02:25 PM
I don't know the law in Wisconsin, but here in CA it only states that you can have the ticket written into the county seat of the county where the violation occurred, and only if the violator's residence or employment is closer to the county seat than to the court nearest to where the violation occurred. For example, it does NOT state that if you live in Kern county and you are cited in LA county that you can demand the Kern county court. It's really not that big of a deal. If you live too far from the court where the ticket is written you can fight the ticket by written declaration. Plus, the officer won't get paid overtime for a written dec. For those of you who don't know, an officer usually gets 4hrs of overtime (over $100) for going to court on a day off or if not on his shift, and if he has to travel to the county seat it just means more $$$. Trying to use this law to avoid a ticket won't be too successful. Driving safely is a much better approach to avoiding tickets than looking for legal loopholes.
[ August 28, 2002, 03:27 PM: Message edited by: dankirk ]

Kilrtoy
04-22-2003, 08:57 PM
I did some research on this. By the way it can go against you also. Lets say you get a ticket in pasadena. Only 25 miles from my house. So my smart ass request the county seat. Well that opens the ticket up to any seat in the county. So now the copper say great. I just got cited to Long Beach or Norwalk. I'm ****ed. Yes it can happen. Best case senario obey the law and keep the coppers off your ass. I checked that out of state stuff also. NO IT CAN NOT BE TRANSFERRED TO YOU HOME STATE............

-Nezrik-
04-22-2003, 10:23 PM
Requesting the county seat is really not that big of a deal for the officer that cited you. You have to remember that when you fight a cite and you lose, you end up paying for the officers time and the courts time. Plus the officer gets paid overtime to go to court. I can olny see it working if you get some lazy ass cop, but then again most lazy cops wouldn't even take the time to stop you.
The better way to get out of Cites is to have a badge and department ID.

superV
04-23-2003, 05:41 AM
HighRoller:
Call me stupid,but wouldn't it just be easier(and safer)if you drove a little slower and didn't get lit up in the first place??That's the way I do it,I don't drive like grandma,but I don't haul ass either.No tickets,no accidents,no court dates no sections to remember,lower insurance,less wear and tear on tires,engine etc...etc.... STUPID! :D :rolleyes:

SchellSchock
04-23-2003, 08:06 AM
Better off to fight the ticket through the mail by declaration. It is the only form of fighting an infraction that if you lose you can then request to be seen/heard before a judge.
As others have said it is better to slow a little and avoid in the first place.