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Lunatic CHP cops go berzerk as female motorist successfully demands her rights under CA Vehicle code

Lunatic CHP cops go berzerk as female motorist successfully demands her rights under CA Vehicle code
By Martin Hill
LibertyFight.com

http://libertyfight.com/2013/Lunatic_CHP_cops_go_berzerk_as_...

Two California Highway Patrol officers in Southern California have been caught on video trying their best to intimidate, threaten and coerce a woman to give up her rights while issuing her a traffic citation. While being issued the citation, the woman did not discuss the merits of the charge and never refused to sign the citation- she merely invoked, as is all motorist's right, what is very clearly outlined in the California Vehicle Code, Section 40502 (b). [video here: http://www.youtube.com/watch?v=h6l4DSqxaD4&feature=youtu.be

As CA law clearly states as outlined by the State legislature and on the Department of Motor Vehicle website,

http://www.dmv.ca.gov/pubs/vctop/d17/vc40502.htm


V C Section 40502 Place to Appear


40502. The place specified in the notice to appear shall be any of the following:


(b) 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 magistrate nearest or most accessible to the place where the arrest is made.

The point of contention between the woman and the officers was simply that she has a right to demand to appear at the County Seat, but the two traffic cops didn't agree. The primary officer, L. Harris (ID No. 14858), as well as his supervisor (pictured below) insisted that it was soley up to their discretion, which State Courts have clearly stated is not the case. They threatened to arrest the woman numerous times as well as screamed at her in rage and made her get out of her vehicle and sit on the cement. They also were not familiar with CVC 40502(b). In addition, the cops did not like being filmed. In a failed attempt to intimidate the videographer, Harris snarled "you can turn the camera off too", as well as instructing the driver to "tell your friend to get that camera out of my face," when the camera was actually nowhere near his face. He attempted this despite the fact that numerous Federal Courts and even the U.S. Supreme Court, in additon to the U.S. Department of Justice have clearly and repeatedly affirmed that filming police is an inherent right in America. Harris then told the passenger, who never said one word to him, to "stay out of this, it's none of your business" before slamming the vehicle door in anger. Within literally 40 seconds of the supervisor arriving on the scene, the unhinged boy-in-blue lost complete control and began screaming at the woman in a fury.

The larger point of this video, regardless of where one lives or what their traffic laws are, is that if you know your rights and properly assert them with relentless determination, you can win. As the shortened-version video reveals, after detaining the driver for nearly 40 minutes while arguing, shouting at and threatening her, the two jackboot cops finally gave in and gave her the County Seat. That didn't have to be so difficult now, did it?

As the excellent free website helpigotaticket.com explains,

http://www.helpigotaticket.com/prevent/venue.html
Change of Venue

"In California if you live or work closer to the county seat than to the court which would normally have jurisdiction, you may demand a change of venue to the county seat per California Vehicle Code section 40502(b).


"The ideal time to make the demand is before the officer writes the ticket, but you may legally make the demand any time before signing the ticket. (When an LA County deputy refused to give Geo. McCalip a change of venue, Geo. signed the ticket, "40502(b) Under Protest Geo. McCalip." This forced the judge in Compton to reassign the case to LA Metro (downtown LA), where the case was dismissed at arraignment).


"The court has held that once you make the demand, if you meet the residency or employment qualification, the jurisdiction shifts to the court at the county seat (Smith v. Glendale Municipal Court, 167 CalApp2d 534)."

Case law precedent in California states even more strongly, in case there be any doubt, that officers have no discretion in the matter and that the motorist's demand for the County Seat is precisely that. It simply can't get any clearer than this, proving once again that the officers are not law enforcement agents, but rather revenue agents with disdain for the law and hatred for law-abiding people who dare to question their so-called "authority.":

Smith v. Municipal Court, 167 Cal.App.2d 534
[Civ. No. 23349. Second Dist., Div. One. Feb. 3, 1959.]
states, in part:

"...If he has a right to demand that as something due him, that right cannot be denied him at the discretion of the arresting officer.....

"...for if the arresting officer may disregard the demand of the arrestee the right to make the demand becomes meaningless.

[article continues here: http://libertyfight.com/2013/Lunatic_CHP_cops_go_berzerk_as_...

Lunatic CHP cops go berzerk as female motorist successfully demands

SEE ALSO:

LibertyFight.com Traffic Ticket Section Archives

LibertyFight.com Red Light Camera Ticket Section


Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, Whittier Daily News, LewRockwell.com, WhatReallyHappened, Infowars, PrisonPlanet, Economic Policy Journal, FreedomsPhoenix, Veterans Today, The Wayne Madsen Report, Devvy.com, Rense, Antiwar.com, IamtheWitness.com, The Dr. Katherine Albrecht Show, Jonathan Turley blog, National Motorists Association, RomanCatholicReport.com, Republic Broadcasting Network, WorldNetDaily, Dr. Kevin Barret's Truth Jihad radio show, The Orange County Register, KNBC4 Los Angeles, Los Angeles Catholic Lay Mission Newspaper, KFI 640, The Press Enterprise, Redlands Daily Facts, BlackBoxVoting, and many others. Archives can be found at LibertyFight.com.

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I don't really understand

I don't really understand what's going on lol. County Seat? Wtf is that.

most counties

have county seats, which is the town or city where county government buildings are and where county business is carried on by the county officials, and is usually where the sheriff's department is located.

Case Analysis...

1. Arresting officer and Supervisor were ignorant of the law.

2. This video was edited to get desired point of view. Driver's testimony of "three lies" on the radio or the officers yelling "shut up" were not caught on camera. Your word against his.

3. The request for change of venue was made after the citation was written.

4. The Vehicle is most likely a company property that is registered to a out of state company address. The citation issued by officer use vehicle registration address as proof of residency. Also the reason why the officer did not want to grant change of venue. (Her driver's license does not count as proof of residency)

5. The 70's burnout cameraman needs to put down the bung, get some exercise and stop making commentaries not relevant to him. (It pollutes the evidence) Also, the camera was pointed at the officers face, so yes, technically the camera was in his face.

6. The camera once again helped out yet another person in a situation where "misunderstanding" can occur during a traffic stop.

-----------------

Lastly, kudos to her for standing her ground. She reminded me of this clip from Youtube:

https://www.youtube.com/watch?v=gRsl38_HuK0

Edit:

Down voting does not make the analysis any more less analytical.

The Libertarian Party, irrelevant since 1971.

70's burnout camraman.

Sorry dude. The camera speaks for itself.

America was a much better place in the 70's. You are obviously a government employee.

What are the advantages for

What are the advantages for asking for the county seat?

The officer can send all of his cases to the same court/time

If you specify the court on ticket then the Cop can't plan his court times; and the cop would have to go to each court at random times instead of writing more tickets (or sleeping in his car).

You make the cop actually work when he fills in the county seat info in advance like he is supposed to do.

.

Get tried closer to where you

Get tried closer to where you live or work
makes it easier to appear and challenge, possibly less desirable/harder for the officer to do so, therefor you might not have to pay

Sadly, I agree with one of

Sadly, I agree with one of the yt comments, most cops are losers. It's good to see resistance with the camera like this. Good job CA Trucking Patriots. The chica had raw courage and brains to boot!

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

Why can't we get like 10 million Americans to stand up and..

take the country back from these gang banging thugs.

.

Fluoride, MSM, gubermint

Fluoride, MSM, gubermint education???

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

No education

Looks like 'roid rage to me.

Ĵīɣȩ Ɖåđşŏń

"Fully half the quotations found on the internet are either mis-attributed, or outright fabrications." - Abraham Lincoln

Here's a start:

I love the way Hispanic

I love the way Hispanic people fight back with their calm passionate logic and great accent.

That would be a collectivist

That would be a collectivist position. Better to simply say this person in this instance carried herself well.

I think

that was a genuine compliment to Hispanics. Unless Michael's name proceeds him...

If you don't know your rights, you don't have any.