• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Demurring to a California red light camera ticket

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



Is this a way round the extrinsic evidence/demurrer problem?

I ask the Court to take "Judicial notice" of my DMV records. California Code of Evidence 452 allows judicial notice to be taken of

"Facts and propositions that are not reasonably subject to
dispute and are capable of immediate and accurate determination by
resort to sources of reasonably indisputable accuracy."

I would also have to put the plaintiff and court on advance notice that I plan to ask for it to be noticed.
 

Zigner

Senior Member, Non-Attorney
You, so far, haven't presented any proof here that your argument holds any water.
 
You, so far, haven't presented any proof here that your argument holds any water.

Is this forum a court?

I'm just asking if anyone has any actual knowledge about how to use evidence at a demurrer hearing. If you don't have any substantive knowledge of that, there isn't much point in cluttering up my thread with your musings.
 

Zigner

Senior Member, Non-Attorney
Is this forum a court?

I'm just asking if anyone has any actual knowledge about how to use evidence at a demurrer hearing. If you don't have any substantive knowledge of that, there isn't much point in cluttering up my thread with your musings.

You're right - sorry to have cluttered your thread. Good luck.
 

Jim_bo

Member
Is this forum a court?

I'm just asking if anyone has any actual knowledge about how to use evidence at a demurrer hearing. If you don't have any substantive knowledge of that, there isn't much point in cluttering up my thread with your musings.

:D Outstanding!!! A thread terrorist thwarted!!!
 

Pugilist

Member
Waste of time?

For Zigner:

I just read this thread and have to agree with dd, that you wasted his time. He asked several times whether extrinsic evidence could be used, but for some reason you ignored that. Dunno if it was because you couldn't understand what he wrote, or deliberately chose to ignore it.

I have been telling people to come here for advice. I'm gonna reconsider that.

P
 

Zigner

Senior Member, Non-Attorney
For Zigner:

I just read this thread and have to agree with dd, that you wasted his time. He asked several times whether extrinsic evidence could be used, but for some reason you ignored that. Dunno if it was because you couldn't understand what he wrote, or deliberately chose to ignore it.

I have been telling people to come here for advice. I'm gonna reconsider that.

P

Ahh, you must have missed it. Our OP is barking up the wrong tree.
 

justalayman

Senior Member
I recommend barking up the wrong tree. My ticket was dismissed today, for defective service.

while not arguing your victory, how could the summons be mailed to your street address if your registration has your mailing address on it instead of your street address?

Since they would have used your plate number to identify you, that would have resulted in the po box address.
 
while not arguing your victory, how could the summons be mailed to your street address if your registration has your mailing address on it instead of your street address? Since they would have used your plate number to identify you, that would have resulted in the po box address.

You are describing what should have happened. However the DMV database knows both the mailing address and the street address for each vehicle, even though it only uses the one that is relevant for the task in hand. So when they mail you your registration card they print on it your mailing address which shows through the envelope window and gets delivered to you. The Redflex computer presumably picked the wrong address out of the DMV database. I don't know why they would have such a big bug in their software, but it saved me $550, so I hope they keep this "feature".
 
Last edited:

justalayman

Senior Member
You are describing what should have happened. However the DMV database knows the both the mailing address and the street address for each vehicle, even though it only uses the one that is relevant for the task in hand. So when they mail you your registration card they print on it your mailing address which shows through the envelope window and gets delivered to you. The Redflex computer presumably picked the wrong address out of the DMV database. I don't know why they would have such a big bug in their software, but it saved me $550, so I hope they keep this "feature".

makes sense. It's dumb, but we are speaking about a state office so it does make sense.
 

freddaman05

Junior Member
I have a similar situation as your 'Demurring to a California red light camera ticket.' Would you be willing to tell me how and what steps to take or where to find how? Thank You.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top