[I am Siren]

Originally Posted by Logan

Hello all,

I just wanted to inform everyone that I got my "careless operation" charge dismissed today for failure to submit a sworn affidavit of claim or a verified complaint.

The only catch, according to the Judge is, the prosecution can notarize this claim and 'rebill' it. My motion to dismiss for failure to state a claim upon which relief can be granted was denied and my motion to dismiss with prejudice was denied.

I stated my christian name and rebutted their assumption that I was a corporation according to R.S. 15:429, to which the Judge accepted. I was told this was a judicial hearing and a criminal court. I submitted a notarized and sealed affidavit from the Secretary of States office declaring that they had no signed oath of office for Officer Robert Downs. I then demanded a verified claim and a list of competent fact witnesses in order to verify subject matter sufficient to invoke juridiction. I demanded a dismissal and a reimbursement of over $2500 in damages to which the Judge denied and told me all I could do to was sue the officer in civil court.

I got a little smart aleck then, stating sarcastically "so anyone could submit any claim for anything for any reason and the burden of proof for defense rests on the defendant with no hope of remedy and it is all based on a threat of violence"? The courtroom laughed.

The judge verified that a claim must be sworn to and that I could have him dismiss the charges then and there with no guarantee of a resubmittal or I could waive that and continue with the trial.

I could not understand what I could further gain from waiving the dismissal, so I stated that I just wanted all of them to leave me alone and that I wanted all further acts of aggression towards me be ceased and that I just wanted to go because I was hungry and wanted something to eat. The courtroom laughed.

The Judge dismissed the charge and remitted my originally held bond money of $230, which I submitted under duress during my brief stay in county lockup over the original FTA charge concerning this matter.

Over all, I think I did well. I kept a level head. I asked questions about the foundation of the claim. I acted courteously and in good conscience. I tried to see this forum for what is really was. These people were not malevolent in nature, just misguided and I was there only to answer the threat of violence I was placed under. But absolutely above all else: I did not argue.

The claim was based upon hearsay with no competent fact witness, no verified claim, no subject matter invoking jurisdiction. They had no power outside violence and I made that abundantly clear. I even referred to my treatment at one point as "tortureous".

I waited afterwards to ask the prosecutor if he intended on rebilling the claim and serving me again and he replied that he did not know yet and that the matter pended
review.

Any advise on what to do at this point? If they rebill it, I still have all the evidence of the claim based upon hearsay and the SOS statement of a failure to locate the Officer Oath. So it would seem that it is in their best interest to let this one go.

I am still interested in filing a lein on the Officers bond, but I have yet to locate the office of risk management applicable.

So time will tell if this matter is resolved. I regret that I did not understand the procedure of the Proposed Order well enough and that I could not submit a statutorily sufficient protocol to receive a reimbursment for my expenses and fees, but overall, I feel this was not a bad conclusion to the first auto accident I have ever been involved in. And perhaps, someone in the courtroom learned something.


Logan


P.S. The trooper would not talk to me afterwords, but the other person involved in the accident spoke to me in length afterwords. My judgment: Cops unfriendly-fellow sovereigns friendly.

WAY TO GO, Logan!!!!

That is a terrific story! Congrats!

-- Siren