Traffic Packets are generated based on the member’s information and citation information submitted by our supporter. Your packet will contain a (1) Request for Verified Complaint, (2) Affidavit of Poverty, (3) Recusal, (4) Motion for Discovery, (5)Excusable Neglect and (6)Motion to Dismiss. We also offer case sensitive motion for citations such as Cell Phone Violations, Insurance Violations and Driving on a Suspended License. Each packet also includes detailed instructions, FAQs and hearing scripts. All Parking Academy students your packet will be available for download upon completion of the Academy.
Request for Verified Complaint: In any case, including traffic cases, a complaint must be filed by a Plaintiff against a defendant. The plaintiff or complainant, in any case is the person who is pursuing legal redress for an alleged injury inflicted by the defendant. The complaint must be filed with the courts. Once filed, the complaint must be verified by a representative of the people. Once verified and filed with the courts now you have a verified complaint. The Verified Complaint is what awards the court with Jurisdiction* to try the Defendant.
The question you must ask is who did you injure when you inherited your traffic ticket? More than likely no one was injured. So if there is no injured party, then how can there be a complaint filed? If there is no complaint filed, then how can there be a Verified Complaint on record? So if there is no Verified Complaint then the court has no Jurisdiction to try you! Thus the reason why this document is the Michael Jordan of our fight!
We have uncovered the secrets that lawyers, if they even know it at all, will not tell you. There are laws that reflect every aspect of our argument.
Affidavit of Poverty: These days the courts urge citation victims to pay the BAIL amount prior to receiving a trial date. Let’s examine the phrase BAIL! Bail is used to relieve the accused of the possibility of imprisonment. But what if we told you that you cannot go to jail for a traffic ticket (unless the citation is a Misdemeanor)? The California Penal Code for Infraction states that “…an infraction is not punishable by imprisonment”.
In an addition to the fact that you cannot go to jail for an Infraction ticket, the courts have rules that they must abide by also. The courts have the obligation to consider the Defendant’s ability to pay the bail amount. The courts must hold hearings to determine the defendant’s ability to pay all or a portion of the proposed bail fine.
These are just a few tips that our Traffic Academy will expose to our students. The Affidavit of Poverty is document that we use to express to the court that the representative of the document knows his rights. Therefore the Pro Per litigant before the court, shall do everything is their power to compel the courts to uphold by the law!
Excusable Neglect: Did you schedule an appointment with the court to see a judge and missed the date? Well the law affords litigants the opportunity to resolve this issue under the Excusable Neglect clause. In this document you will discover how to combat that Failure to Appear charge.
Recusal: All officers of the court are required to remain neutral in all cases so that he / she can provide the litigants with an unbiased opinion /ruling of the case before them. If at any time during the proceedings either litigant feels and has the ability to prove that the presiding judicial officer is bias towards them the party which detects biasness may elect to have that judicial office removed.
Most traffic courts have commissioners presiding over scheduled cases. By nature commissioners are bias. This is why we include a Recusal document in every Traffic Packet. In our Traffic Academy we will Dive deeper on this subject and why it is wise to never allow a commissioner to hear your traffic case if you can avoid doing so.
Discovery Motion: As a Pro Per litigant, you are acting as your own lawyer. Any lawyer worth his / her own salt will request for discovery. Discovery is all of the evidence proposed and filed to the court against the defendant. In Traffic cases the only available evidence is usually the traffic citation and the notes the arresting officer wrote describing the incident in question.
How can you defend yourself properly, if you have no idea what the opposition has accused you of? Therefore our online Traffic Academy will show you how to the Discovery process works. Our Discovery documents are designed to compel the court to supply you with a copy of any witnessed the court will bring before the court to testify against you (including the cop); a copy of the citation and any note of the incident supplied by the citing officer; Detailed information of how RADAR will be used to ascertain the speed of a vehicle described in the Notice to Appear or a copy of any other evidence to be submitted against you.
Motion to Dismiss: This motion is used to compel the court to do the right thing and adhere to the law and do as the motion say DISMISS the case. This document is a collage of all points to be argued at trial or previously mention at arraignment.
There are also motions that deal specifically with particular citations. We provide motions tailored for Cell Phone citations, Suspended License, Insurance, Registration and much more. At the end of the day, this motion is designed to move the court officer (Judge) to dismiss your case.
Court Scripts: In each Traffic Packet we include scripts to assist our supporters at arraignment and trial. We realize that it may be a lot of information to take in, so the script is there to guide you in case you get stumped or stuck in court.