Thanks, Shoonra!
I was just about to chime in on that. TheTreeOfKnowing (hereinafter, "TTOK"), and everyone else, the Penal Code sections, namely 950 and 952, that you are referencing are specifically for criminal offenses. I have included the pertinent sections of the code below:
948. All the forms of pleading in criminal actions, and the rules
by which the sufficiency of pleadings is to be determined, are those
prescribed by this Code.
See my additional commentary below for more evidence that traffic violations are of a civil nature
949. The first pleading on the part of the people in the superior
court in a felony case is the indictment, information, or the
complaint in any case certified to the superior court under Section
859a. The first pleading on the part of the people in a misdemeanor
or infraction case is the complaint except as otherwise provided by
law. The first pleading on the part of the people in a proceeding
pursuant to Section 3060 of the Government Code is an accusation.
950. The accusatory pleading must contain:
1. The title of the action, specifying the name of the court to
which the same is presented, and the names of the parties;
2. A statement of the public offense or offenses charged therein.
951. An indictment or information may be in substantially the
following form: The people of the State of California against A. B.
In the superior court of the State of California, in and for the
county of ____. The grand jury (or the district attorney) of the
county of ____ hereby accuses A. B. of a felony (or misdemeanor), to
wit: (giving the name of the crime, as murder, burglary, etc.), in
that on or about the ____ day of ____, 19__, in the county of ____,
State of California, he (here insert statement of act or omission, as
for example, "murdered C. D.").
952. In charging an offense, each count shall contain, and shall be
sufficient if it contains in substance, a statement that the accused
has committed some public offense therein specified. Such statement
may be made in ordinary and concise language without any technical
averments or any allegations of matter not essential to be proved.
It may be in the words of the enactment describing the offense or
declaring the matter to be a public offense, or in any words
sufficient to give the accused notice of the offense of which he is
accused. In charging theft it shall be sufficient to allege that the
defendant unlawfully took the labor or property of another.
_________________________________________
Now remember that California Penal Code Section 16 says:
16. Crimes and public offenses include:
1. Felonies;
2. Misdemeanors; and
3. Infractions.
COMMENTS: This section does not clearly state whether infractions are crimes or whether they are public offenses.
Now also note:
CALIFORNIA GOVERNMENT CODE:
200. The State has the rights prescribed in this article over
persons within its limits, to be exercised in the cases and in the
manner provided by law.
201. The State may punish for crime.
So the State has no power to punish for anything less than a crime. Now look below.
Case Law:
People vs. Battle 50 Cal app. 3rd supp.1 AND People v. Sava 190 Cal App. 3rd 935 state that infractions are non-criminal
COMMENTS: Case law at the appellate level supports that infractions are non-criminal.
IF THE STATE CAN ONLY PUNISH FOR A CRIME, AND CASE LAW STATES THAT INFRACTIONS ARE NOT CRIMES, THE STATE CANNOT PUNISH FOR INFRACTIONS.
Now, this goes beyond our discussion of whether or not the ticket is a complaint, but I was illustrating that traffic violations are non-criminal, and therefore TTOK's referenced code sections (CA Penal Code 950 & 952) do not apply.
Also, TTOK, please show us where the "except as otherwise provided by law" clause states that a traffic ticket qualifies as a valid complaint. This would be helpful for my future arguements (or lack thereof, if you are right).