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O-T Lawyers who practice criminal law, question about traffic “crimes”

Posted on 1/31/19 at 5:02 pm
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 1/31/19 at 5:02 pm
According to People v. Battle, 50 Cal. App. 3d Supp. 1, 6-7; traffic infractions are not crimes. Why isn’t this the law of the land yet? Other courts should adopt this interpretation
This post was edited on 1/31/19 at 5:05 pm
Posted by BRbornandraised
Baton Rouge, LA
Member since Jun 2013
533 posts
Posted on 1/31/19 at 5:05 pm to
How sovereign is your citizenship?
Posted by Macavity92
Member since Dec 2004
5981 posts
Posted on 1/31/19 at 5:13 pm to
quote:

Cal. App.


There's your answer. Each state has the right to pass the law they think best.
Posted by Maynard James Keenan
Jerome. AZ
Member since Jan 2012
422 posts
Posted on 1/31/19 at 5:13 pm to
quote:

Other courts should adopt this interpretation


Why?
Posted by tLSU
Member since Oct 2007
8623 posts
Posted on 1/31/19 at 5:15 pm to
Traffic infractions as defined by the California legislature are not crimes as defined by the California legislature.

You don't understand the case.
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 1/31/19 at 5:19 pm to
I’m a loyal American citizen
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 1/31/19 at 5:20 pm to
No jury in a traffic case sometimes, 6th amendment problem
Posted by tLSU
Member since Oct 2007
8623 posts
Posted on 1/31/19 at 5:25 pm to
No jury in any misdemeanors other than Duncan misdemeanors. What's your point?
Posted by Mr Wonderful
Love City
Member since Oct 2015
1045 posts
Posted on 1/31/19 at 5:30 pm to
quote:

Why isn’t this the law of the land yet?

Because the US Supreme Court doesn’t have jurisdiction over each individual state’s criminal laws unless it involves a constitutional issue.
Posted by boosiebadazz
Member since Feb 2008
80272 posts
Posted on 1/31/19 at 5:32 pm to
Weren’t you supposed to be going to law school? How’s that going?
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 1/31/19 at 5:40 pm to
Going the MBA route instead
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 1/31/19 at 5:41 pm to
Traffic infractions are not crimes
Posted by tLSU
Member since Oct 2007
8623 posts
Posted on 1/31/19 at 5:44 pm to
In California, offenses codified as "traffic infractions" are not crimes, because the legislature said so when they passed the law.

However, in California, offenses codified as misdemeanors, such as driving without a license, are crimes, because the legislature said so when they passed the law.
This post was edited on 1/31/19 at 5:45 pm
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 1/31/19 at 5:50 pm to
Terry v. Ohio
Posted by Ed Osteen
Member since Oct 2007
57490 posts
Posted on 1/31/19 at 5:51 pm to
I forgot how annoying first year law students are
Posted by tLSU
Member since Oct 2007
8623 posts
Posted on 1/31/19 at 5:52 pm to
Bush v. Gore

Am I doing this right?
Posted by boosiebadazz
Member since Feb 2008
80272 posts
Posted on 1/31/19 at 5:52 pm to
Make sure to let us know when you start
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 1/31/19 at 6:15 pm to
Gore should never have petitioned scotus to hear that case
Posted by Smart Post
Member since Feb 2018
3539 posts
Posted on 1/31/19 at 6:25 pm to
Before you go any further about traffic violations and confronting witnesses in relation to the Sixth Amendment, I suggest you note the third word of said amendment.

HTH.
Posted by cj35
Member since Jan 2014
6153 posts
Posted on 1/31/19 at 7:02 pm to
quote:

Because the US Supreme Court doesn’t have jurisdiction over each individual state’s criminal laws
Banish all states and live under a unified code of law.
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