If you get a ticket for bicycling in the wrong place on the road, and you feel you had a right to take that position, do not let your case be heard by Vista Courthouse Commissioner Larry Jones. He has a history of trampling on bicyclist’s right to travel on the road. Cycling attorney Richard Duquette suggests the following (in a response to Judy Frankel):
QuoteJudy
First of all, you’re doing a great service for local bicyclists, along with our local bicycle advocates.ie Pete, Jim, Andy etc.
Comm. Jones is sitting by appointment of the Presiding Judge of the Superior court, not by election. He can conduct an arraignment. Government Code72190.1
But, if a bicyclist wants to avoid a commissioner, they should procedurally refuse to sign the stipulation to allow the commissioner to hear the trial. Then you will be sent to a court room with an elected judge.
You have a constitutional right to a judge (instead of a commissioner) when deciding contested issues of law or fact. Calif Constitution Article VI,sec 22; Attorney General Opinion 67 Ops Atty General 162 166-167 (1984,83-913).
Additionally, a defendant can also file an immediate Code of Civil Procedure section 170.6 preemptory challenge, if a CCP 170.1 for cause challenge isn’t first accepted.
Again, these must be filed as soon as possible or waived. ie when you’re first assigned at arraignment to a particular commissioner or judge. Ask the name.
You can post this on your bicycle list serves if you wish.
Keep up the great work !
Richard Duquette
Bicycle Injury Trial Attorney Since 1983
www.911law.com
cell 760-390-5234
The preemptory challenge form he mentions is available on the San Diego Court website at http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CIVILFORMS/CIV249.PDF (http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CIVILFORMS/CIV249.PDF)
Read more about the case that brings this up at https://groups.google.com/forum/?fromgroups#!topic/San-Diego-Bicyclist-Forum/R9If9w1RENo (https://groups.google.com/forum/?fromgroups#!topic/San-Diego-Bicyclist-Forum/R9If9w1RENo)