#7356 V 1.01 Lawyerdude: 541 476 8954 Lawyerdude1989@yahoo.com

Dragomir Case.

Prosecution of criminal case with no prosecutor.

Feb 14, 2006

Announcement: Lawyerdude is looking for candidates to win their traffic ticket by challenging the practice of permitting the clerk to prosecute traffic tickets with no prosecutor and no complaint signed by a prosecutor. I would like to begin handling these case en masse! Please call or write if you plan to appear on a minor traffic ticket such as speeding. You must be willing to take your case to appeal in the appellate department of superior court in California or a similar appellate department in other states.

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Feb 15, 2006. Dragomir case. Clerk prosecutes traffic tickets. There is no prosecutor. On Law-discuss group.

Lawyerdude says:

I thank Dan Quackenbush for presenting this terribly pertinent case!

This issue is one of my 7 class projects for the rest of my life - or until I win on these issues.

http://www.lawyerdude.8k.com/projects.html

The issue is this: It is not legal to permit the clerk to prosecute a traffic ticket without a prosecutor.

The cumulative impact of this constitutional violation is tremendous!

Here is a taste of the issue in the losing case of:

People v. Dragomir (Cal. App. Div. - Feb. 14, 2006)

This case is from the Appellate Division of Superior Court.

You don't see that many of those types of cases published -- the last one, for example, was over two months ago.

It pertains to the now-routine procedure of the court's prosecuting of a case on its own volition. There was no prosecuting agency except the court. Who filed the complaint? The court clerk did! Alin Dragomir received a ticket for going 90 miles per hour on Highway 17 in Santa Clara County.

Dragomir played it by the seat of his pants and went to trial. This is a mistake that I made for many years. Of course the issue in his case was a LEGAL issue, not a FACTUAL issue. The trier of fact resolves FACTUAL disputes at trial. The issue is that this case should never have gone to trial because there is no qualified person prosecuting it! The People of California may not be represented by a cop. This issue should have been resolved before trial.

I would love to some day deal with this issue properly.

Dragomir only served to provide ammunition for the prosecution with this case. This is what happened in my own case after I won the first appeal and lost the second appeal and failed to take it to a higher court.

Dragomir did very little. He merely objected to cross examination by the police officer. The judge overruled Dragomir. Dragomir appealed. Like the novice poker player to takes his pair of two's all the way to the river, Dragomir failed to consider that even at best he would not win.

The fine, incidentally, was $193.50. The appellate division ruled that the error was harmless.

Lesson: Deal with the issue of "who is prosecuting this case" early. They will then send down a prosecutor like they do every time I do my own ticket in Ventura. This should not make your issue moot; there is a legal theory and case that says that when this issue may be thusly systemically mooted when presented then the appeal must be permitted despite the arguable mootness because otherwise this legal issue would never be capable of being reviewed - and such a denial would constitute denial of due process.

This issue one of my 7 class projects.

Incidentally, Dragomir has more remedies, but why bother with him when this happens a hundred times a week in every county in California?!

Suppose that Dragomir wanted to make a deal in exchange for immunity. To whom would he address his issue? To whom would he send his demurrer if there is no prosecutor? This is a tasty issue because it is, in my opinion, a dead bang winner!

You mark my words! We are gonna get em on this issue!

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