回复:More than often people get civil tic

来源: apt 2013-04-08 22:10:57 [] [博客] [旧帖] [给我悄悄话] 本文已被阅读: 次 (1177 bytes)
回答: More than often people get civil tic路是走出来的2013-04-08 14:58:08
Then you must be residing in Arizona.

In California, and many other states, however, a traffic infraction is a criminal matter. This is codified in California Penal code, section 16: "crimes and other public offenses include, 1. felonies, 2. misdemeanors, and 3. other infractions. Section 19.7 says, all provisions of law relating to misdemeanors shall apply to infractions. California vehicle code 40901, section c, says, a defendant has right to confront witness, right to cross-examination, right to hire counsel, etc.

Frankly, it is much more beneficial if a traffic ticket is a criminal law matter because you will have all the constitutional guarantees. For example, courts in Los Angeles are so crowded so a trial cannot be set within 45 days. If so, I will move the court to dismiss the ticket due to violation of 8th Amendment right to a speedy trial. Another example, a city attorney is often very busy and does not prosecute a DUI case for years. In that matter, I will raise a Serna motion to dismiss the charge due to violation of due process and right to a speedy trial.





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回复:回复:More than often people get civil tic -路是走出来的- 给 路是走出来的 发送悄悄话 路是走出来的 的博客首页 (20127 bytes) () 04/09/2013 postreply 01:04:47

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