Lunatic CHP cops go berzerk as female motorist successfully demands her rights under CA Vehicle codeSubmitted by Resistance_2009 on Fri, 03/22/2013 - 15:24
Lunatic CHP cops go berzerk as female motorist successfully demands her rights under CA Vehicle code
By Martin Hill
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,
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,
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_...
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.