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Originally Posted by Soldier of Truth
The motor vehicle agency is an administrative agency, and the courts are deprived of jurisdiction until an administrative decision has been made. The court's are only allowed to "review" administrative actions. Only if the agency has decided erroneously as a matter of law are they able to review de novo.
The STATE has failed to exhaust its administrative remedies. No determination would have been made by the agency charged by the legislature with the duty of enforcement and administration. The citation would assume facts not in evidence. The material facts and evidence that could only come from the agency delegated authority over the motor vehicle regulatory regs.
Of course this is California, but I believe similar provisions could be found in "sister" states.
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In North Carolina they consider the court hearing before trial the administrative action, a normal administrative hearing is usually denied.
I did get a ticket thrown out one time when they denied me a trial by jury, judge tried to say the local state constitution stated that denied for infractions, but I quickly pointed out to them it said for Mideameanors only not infractions, Told him no jury, no venue.