Traffic tickets

Can a Motion or Application to withdraw stipulation be sent on my Matter(s) because pro tem judge has not taken Judge Oath?

I received the first Infraction tix Jan 2013, I had two appearances, each i declared special appearance and asked for settling of the matter, of the offer returned I requested discharge. In Sep, 2014 i received FTA, and in Nov, 2014 I called and declared request for scheduling a Special appearance with/ through GC Services, arraignment is May, 2015.

The second Infraction I received June, 2014 the court sent notice(novation) that I had to appear to schedule a court date. A pleading was sent, the court construed it as req for continuance, set continuance date, I non-accept it, sent it back and court issue arrest warrant. I called clerk and asked to schedule a special appearance and they scheduled me for Dec, 2014.

Nathan’s Answer

If you are declaring a special appearance, it is for the purpose of arguing that you can neither plead guilty or not guilty. You would want to file a demurrer against the notice to appear by arguing specific vehicle code provisions invalidating the notice to appear. Some judges may agree, as at least one with me in the past has. If you are successful, the demurrer is heard on the spot, as it should be under the penal code (infraction is a crime) and you would be told your demurrer is sustained with leave to amend. If the prosecutor fails to amend, as they usually do, you would win. However, it seems you have tried more esoteric methods, which are not taken well by the court. Arguing that the pro tem has not taken oath of a judge is veering off in a very different direction, and the outcome is not likely to be good. Please consult with an attorney to help mitigate the damage you are causing to yourself.

To address a colleague's metaphor, while someone theoretically could do a root canal with the proper lighting, mirrors, and equipment, that still does not substitute for the thousands of hours of training and experience necessary to do it successfully.

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