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I don't know if I can make it any simpler for TheTreeofKnowing.
- Is there complaint filed by a prosecutor at the time of the stop with the court? No, there is no complaint nor prosecutor at the time of the stop.
- Is the ticket the complaint? Only if you allow it, the cop can't represent the state anymore than he can represent Disney Inc. He is not an attorney, nor can there be law that says he can represent the state and you can't represent Disney Inc.
- Is the ticket a summons? Again, only if you allow it. Only the court can issue a summons. A cop has no power to summon. A summons can only be issued after a complaint has been filed/stamped with the clerk. There is no summons in traffic cases because there is no complaint. They missed the first step.
- Can a cop serve a summons as a processor? Yes, as long the cop is not involved in the case. However, in traffic cases they serve the summons in violation of law. Furthermore, no complaint has been filed and no summons has been issued by the court in traffic cases.
- Can the clerk start a case file without a valid complaint? No, unless you allow it.
- Is the court/clerk acting as the prosecutor in most traffic cases? Yes, in violation of law.
- Can the court prosecute the case? No, the executive branch is responsible for prosecution, not the judicial branch.
- Can a cop prosecute a case? No, he is not an attorney, has no bar license, and in most cases does not have the power to do so.
- Can the legislators pass law to make this system work the way it does now? Not that I can see. You run into "equal protection" problems, basic law problems, and "separation of power" problems. They are basically break fundamental law all in the name of safety, but we all know the real reason.
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