Who the hell PROSECUTES a traffic infraction case? Answer that correctly and win a Cupie Doll. Allegedly you’ve been accused of a crime so you’re gonna be subjected to a CRIMINAL and NOT a CIVIL action.
Q: Who’s the Plaintiff when it comes to crimes?
A: The People.
Q: Who’s the People’s Attorney?
A: The Attorney General and the District Attorney.
The District Attorney is responsible for prosecuting crime on behalf of their client the People in 99.9% of the crimes. Does the DA ever file a CRIMINAL COMPLAINT against the defendant vis-a-vis an infraction of the Vehicle Code? HELL NO!
The traffic court proceeds on the NOTICE TO APPEAR.
Q: Is a NOTICE TO APPEAR a complaint?
A: YES, if you agree it is.
The Issuee has the option of proceeding on the NTA OR not. If the Issues pleads NOT GUILTY, or better yet, FACTUALLY INNOCENT (“they” won’t like you very much if you say that but it’s perfectly legit), a VERIFIED COMPLAINT has to be filed.
Q: How do you KNOW FOR A FACT that a complaint is VERIFIED?
A: It’s attended with an AFFIDAVIT.
The NOTICE TO APPEAR IS NEVER SUPPORTED BY AN AFFIDAVIT!
Q: Who are the players in the play?
A: The cop (or other LEO), court clerk, commissioner at arraignment, the defendant.
The District Attorney NEVER bothers to file a criminal complaint and NEVER bothers to show up at court for an alleged traffic infraction which is allegedly a crime. WHAT’S GOIN ON???
The judicial “system” in this country is ADVERSARIAL in nature. If there’s NO adversary there’s NO BATTLE! If your enemy doesn’t show up on the field of battle, YOU WIN! So how the hell are people who’ve been cited by a cop or other Law Enforcement Officer being prosecuted and LOSING when the Plaintiff nor their attorney NEVER BOTHERS TO PARTICIPATE?
Q: Has the State Legislature authorized a cop or other Law
Enforcement Officer to prepare and serve a CRIMINAL complaint?
A: HELL NO!
Q: How are you LEGALLY getting to criminal trial in absence of a CRIMINAL COMPLAINT prepared and filed by the District Attorney IF an infraction of the Vehicle Code is a crime?
Anyone wanna venture a guess? …the court has no authority to substitute itself as the representative of the People… People v. Orin (1975), 13 Cal.3d 937
 Whether or not the People provide a prosecuting attorney, the citing officer who testifies as to the circumstances of the citation is a witness, no [6 Cal.App.4th Supp. 5] more, no less. People v Marcroft (1992) 6 Cal.App.4th Supp. 1 So if the commissioner or judge CAN’T PROSECUTE, and the cop CAN’T PROSECUTE, who the hell does, the court clerk?
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