Nearly every time the Appellate Division of the Superior Court decides to publish an opinion, it's one worth reading. If only for its potential practical significance.
This one is no exception.
It's about that most basic involvement with the criminal justice system: a traffic ticket. And, most critically, a potential way out of one.
The basic holding is one that we should commit to memory. Because it may well come in handy one of these days:
If you get a ticket in a faraway place (e.g., as here, in Lancaster), ask to have the underlying case heard in the county seat (e.g., here, downtown Los Angeles). Because the Appellate Division holds that the trial court is required to accede to such a request.
Why would you care? What's the benefit?
Twofold.
First, it may well be closer to your residence, and hence more convenient for you. For example, here, Lancaster (where the guy was ticketed) was 70 miles away from his home, but the Downtown L.A. courthouse was only 2 miles away. Definitely an easier drive to fight the ticket.
But the second reason's even more important.
Where do you think the officer who wrote the ticket likely lives and works? Probably near the place s/he wrote the ticket, right? 70 miles away. It's a silly little ticket. Do you think the officer is really going to make an 140 mile round trip just to show up at the hearing?
Maybe. But probably not. Thus permitting your victory at trial.
Neat little trick.
And, after this opinion, one that likely will totally work.
The Appellate Division doesn't discuss the practical implications of the ruling. But I think they're nonetheless reasonably clear.
Fight the thing on your home turf. You'll be glad you did.
For so many reasons.
