AgentSmithers
Member
What is the name of your state (only U.S. law)? California
Hello Everyone,
If a citing Agency is using an unapproved form by the Judicial Council, What would the appropriate response be, A Demurrer asking for a Valid Complaint?
P.S. I don't want to go into details on why a form would be invalid or any speculating scenarios, I'm just wondering, Specifically if the above is true would a Demurrer be the correct answer.
Thank you everyone,
-Agent
*Update* So to give a little background / more information, When traffic tickets / Notice to appears are delivered and signed by the arrestee it constitutes as a Valid Criminal Complaint and one does not need to be formally filed by the DA per CVC40513. I apporgize if my information is not exactly 100% accurate per the vehicle code. So that only applies if a peace officer who delivers the form uses a form approved by the Judicial Council. So in a case where they used their own form ASSUMING its unapproved, Would the correct response be a Demurrer as one would be questions the face of the complaint.
Hello Everyone,
If a citing Agency is using an unapproved form by the Judicial Council, What would the appropriate response be, A Demurrer asking for a Valid Complaint?
P.S. I don't want to go into details on why a form would be invalid or any speculating scenarios, I'm just wondering, Specifically if the above is true would a Demurrer be the correct answer.
Thank you everyone,
-Agent
*Update* So to give a little background / more information, When traffic tickets / Notice to appears are delivered and signed by the arrestee it constitutes as a Valid Criminal Complaint and one does not need to be formally filed by the DA per CVC40513. I apporgize if my information is not exactly 100% accurate per the vehicle code. So that only applies if a peace officer who delivers the form uses a form approved by the Judicial Council. So in a case where they used their own form ASSUMING its unapproved, Would the correct response be a Demurrer as one would be questions the face of the complaint.
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