DEFENDANTS NAME AND ADDRESS:

FOR COURT USE ONLY

Todd Harringer 3625 Alameda Avenue Denair, CA 95316 TELEPHONE NO: (209) 818-7411
NAME OF COURT: SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF STANISLAUS STREET ADDRESS: 2260 FLOYD AVE. MAILING ADDRESS: 2260 FLOYD AVE. CITY AND ZIP CODE: MODESTO, CA 95355 BRANCH NAME: TRAFFIC DIVISION PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT:
CITATION NUMBER:

Todd Harringer, In Pro-Per, Sui-Juris

R13010028
CASE NUMBER:

MOTION AND DECLARATION

1. I request the court to make an order to (specify): DISMISS ALL CHARGES

1892347

2. My request is based on this motion and declaration, the records on file with the court, and any evidence that may be presented at the hearing. 3. I am the defendant in this action. 4. The facts supporting this motion are as follows (specify):

Defendant Todd Harringer, a Natural Person, hereby requests dismissal on each of the following grounds: DISMISSAL OF FIRST CAUSE OF ACTION

X Item 4 continued on attached page.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

Todd Harringer _____________________________________ TYPE OR PRINT NAME

______________________________________________ SIGNATURE

DATE

TIME

LOCATION 2260 FLOYD AVE, MODESTO, CA 95355 DEPARTMENT 20

SPANISH INTERPRETER NEEDED YES OR NO

12/19/2013

8:00 AM

DATE: _________________________

BY: _____________________________________________ DEPUTY CLERK

MOTION AND DECLARATION

TRF-1 (REV 4/12)

1.

Plaintiff's purported First Cause of Action, alleging a violation of CVC 27400, is devoid of any facts to substantiate Plaintiff's Legal Conclusion. CVC 27400 states, "A person operating a motor vehicle or bicycle may not wear a headset covering, or earplugs in, both ears."
DIAGRAM OF SCENE

Direction of Travel

OFFICER Defendent

3 Way Stop

The officer was parked on the west side of the road, setback from the stop sign. I was travelling east and he watched me proceded through the intersection. He then pulled onto the street behind my van with factory tinted windows, followed me a short distance, and pulled me over. This charge is without merit because: a) It was physically impossible for him to witness headphones covering BOTH of my ears. Prior to the stop, only my left side would have been visible, once he got behind me, the tinted windows would have prevented right side confirmation. b) Specifically because of a hands-free device violation a couple of years ago, I purchased headset he saw; however I keep the right side behind my ear. At no time does it cover my ear while travelling, a fact that has been witnessed multiple times, by credible parties. DISMISSAL OF SECOND CAUSE OF ACTION 2. Plaintiff's purported Second Cause of Action, alleging driving under a suspended license, per CVC 14601.1 (a) fails to state facts sufficient to constitute a cause of action against Defendant. 13106. (a) When the privilege of a person to operate a motor vehicle is suspended or revoked, the department shall notify the person by first-class mail, of the action taken and of the effective date thereof, except for those persons personally given notice by the department or a court, by a peace officer pursuant to Section 13388 or 13382, or otherwise pursuant to this code. It shall be a rebuttable presumption, affecting the burden of proof, that a person has knowledge

of the suspension or revocation if notice has been sent by first-class mail by the department pursuant to this section to the most recent address reported to the department pursuant to Section 12800 or 14600, or any more recent address on file if reported by the person, a court, or a law enforcement agency, and the notice has not been returned to the department as undeliverable or unclaimed. It is the responsibility of every holder of a drivers license to report changes of address to the department pursuant to Section 14600.

This allegation is without merit because: a) I was personally given written notice of suspension by the officer on scene and had no prior notification or knowledge of suspension. b) At this time notice was delivered, I was not travelling, driving, or otherwise moving in my vehicle. I was stopped on the shoulder of the road, per the officer. c) The officer took my personal property, without due process, and I walked. To summarize, he took my license, walked to his car, came back to ask if I had knowledge of the suspension (I told him that I did not).At this point, he handed me a pink slip that was a DMV form 310 VERBAL NOTICE BY PEACE OFFICE,. thereby informing me of the suspension. He then handed me Citation #R100310028. I was not driving when I became informed and did not drive after he impounded my car, and because I had no prior knowledge of suspension, I seek dimissal. I did not willfully drive on a suspended license. WHEREFORE, Defendant prays that the Motion to Dismiss Causes of Action One and Two in the Plaintiff's Complaint be granted