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Jason's recent court victory for Traffic ticket
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The story:
The story:
I showed up for court well dressed and ready for action. The Judge handling the traffic citations called my name first because he most likely figured that I was not going to show up because the matter was over 100 miles from my house. Anyhow I simply raised my hand and looked at him in the eyes and he then knew at least that someone was there for the matter. Then the Judge called 10 or so people up to the bar (did not ask anyone to pass it which was odd) and told every one that they had 3 options guilty, not guilty, or no-contest (whatever). It just so happened that I was the last in that group of 10 and when the Judge arrived at me this is basically what I stated:
Good day your honor. I am here TERTIUS INTERVENIENS regarding this matter and am not here to enter a plea at this time. There are however a few things that I must address:
1. Will you take judicial notice of your oath of office? The Judge was shocked but said yes. I said thank you. (Establishing contract law.)
2. Your Honor since there may exists a presumption that I am the surety or accommodation party for the defendant and it is my further understanding that you have not had proper time to read and review the paper work filed in the court in support of me being here today, I will ask that the prosecution file a "Verified Complaint" pursuant to California Penal Code '' 740, 853.9(b), 949, and Vehicle Code ' 40513(b). (It looked like the Judge was saying "Oh my god what a mess")
In response to the above the Judge asked "Do you have a "citation"? My response was "Are you asking me if I have a copy of the contract to show up and be here today?"
The Judge then said "Mr. Whitney, the citation is on a form approved by the Judicial Counsel of the State of California and it is your complaint.
My response was: I am not disputing that the "citation" is on a form approved by the Judicial Counsel of the State of California. However I will Conditionally Accept for Value that the "citation" is a complaint upon proof of claim that it is sworn under oath by the charging party.
The Judges response was why don't you have seat Mr. Whitney.
My response, "I will choose to sit down now." (Not taking any orders from the Judge but respecting his request and still following my own order "I will choose to sit down now.)
After the court house was cleared they called my case again and the Judges tone had change 100 percent. He was not cheerful and stated "Mr. Whitney (Which really is not my name) this court will honor your request for a verified complaint to be filed and shall put the request in with the prosecution." The Judge then further stated "Mr. Whitney" technically you are not supposed to serve me with your paperwork (I did not. I filed it with the clerk for to get my weights on the scale but did not want to
argue.)
I then said "Your Honor I came prepared today with copies to serve the DA. Do you mind if I perfect service at this time?
The Judge said "Go right ahead."
So I then smiled at the DA and said "You have been served."
The Judge did flip through my paperwork and as a curtsey stated to the DA. "If I were you I would carefully read Mr. Whitney's paperwork for I believe there are some issues that need to be addressed--paperwork of this sort usually does."
Lastly, the Judge stated if the complaint is not verified then my case is dismissed.
The End.
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The Bond:
PRFCIPE FOR MANDATORY JUDICIAL NOTICE OF LETTER OF UNDERTAKING (BOND), AND AFFIDAVIT IN SUPPORT, BY Jason Allan Whitney?) by Special Visitation [Special Appearance] There appearing no bond of record to initiate the matter regarding Case #B3005425-4 and associated account(s), I, Jason Allan Whitney?), undertake as follows:
WHEREAS: There exists no lawful money of account in circulation in this State; and,
WHEREAS: The Undersigned has suffered dishonor regarding the
matter of Case #B3005425-4 hereinafter this Case and
associated account(s);
NOW, THEREFORE, AND IN CONSIDERATION THEREOF: As concerns this Case, the Undersigned, Jason Allan Whitney, hereby undertakes as follows, and underwrites, i.e. bonds, with the Undersigneds private exemption, i.e. Exemption Identification Number
621013857 (prepaid account, Department of the Treasury), any and all losses, costs, and charges, as well as any and all obligations of performance associated therewith, sustained by THE PEOPLE OF THE STATE OF CALIFORNIA; SUPERIOR COURT COUNTY OF FRESNO, STATE OF CALIFORNIA, and, where appropriate, the respective citizens thereof, as well as any bench officer in this Case who, after taking mandatory judicial notice of contract, and any evidence of violation/ breach of any contract thereto appertaining, acts in judicial capacity and issues a judicial decree (in contract law) pursuant thereto.
July 6, AD2003
Respectfully submitted,
Jason Allan Whitney
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Notice of Lodgment of "Acceptance For Value"
This was the "Citation" and the Curtsey Notice which was stamped "Accepted for Value and Returned for Value, Discharge, Settlement and Closure of Account upon production of a "Verified
Complaint This is my solemn act and deed., then signed in red
ink.
Notice of Lodgment of UCC Financing Statement Labeled as such just to get it in the record.
Affidavit of Jason Allan Whitney by Special Visitation [Special Appearance]
This affidavit is very similar to the one found on the site that I put together a year or so ago which can essentially be found in CTC 3. The additions were some text which you will find below.
5. Affiant has neither seen nor been presented with any
evidence and likewise any material fact that demonstrates or
proves that the Undersigned was operating a motor vehicle or a
vehicle in Fresno County, California and NOT a private for
pleasure automobile and believes that none exists.
6. Affiant has neither seen nor been presented with any
evidence and likewise any material fact that demonstrates or
proves that the Undersigned was driving in Fresno County,
California and NOT a traveling in Affiants private for pleasure
automobile and believes that none exists.
Memorandum of Law.
MEMORANDUM
1.Comes Now Jason Allan Whitney?), hereinafter the
undersigned , Sui Juris, by special visitation [special
appearance], who is unschooled in law and asks that the court take Judicial Notice of the enunciation of principles as stated in Haines v. Kerner, 404 U.S. 519, wherein the court has directed that those who are unschooled in law making pleadings and/or complaints shall have the court look to the substance of the pleadings rather than the form, and also hereby makes the attached memorandum, including the related documents attached herewith, in the above-referenced case.
2. The Undersigned hereby files with this Honorable court a
Memorandum in support of my rights, and this action is not to be construed as making a general appearance.
3. The Undersigned has neither seen nor been presented with
any evidence and likewise any material fact that demonstrates or proves that the Undersigned, pursuant to well-established law that a party summoned can appear specially to challenge the Courts jurisdiction and believes that none exists.
A
special appearance is made when the defendant appears in court for sole purpose of objecting to lack of jurisdiction over
his person without submitting to such jurisdiction. Titus v.
Superior Court, 100 Cal.Rptr. 477, 23 C.A.3d 792.
4. The Undersigned has neither seen nor been presented with
any evidence and likewise any material fact that demonstrates or proves to the contrary that the Undersigned has submitted to the Courts jurisdiction, asked for relief of any kind, or plead to any charge whatsoever and believes that none exists.
5. The Undersigned has neither seen nor been presented with
any evidence and likewise any material fact that demonstrates or proves to the contrary that the filing of this Memorandum is not established in good faith, for the prosecution, whoever this party may be, wishes to prosecute the Defendant, shall file a verified complaint as required under the California Penal Code '' 740, 853.9(b), 949, and Vehicle Code ' 40513(b) and believes that none exists.
Penal Code '740. Except as otherwise provided by law, all misdemeanors and infractions must be prosecuted by written complaint under oath subscribed by the complainant. Such complaint may be verified on information and belief. [Emphasis added]
Penal Code '853.9(b) Notwithstanding the provisions of subdivision (a) of this section, whenever the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed.
[Emphasis added]
Penal Code '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. [Emphasis added]
6. The Undersigned has neither seen nor been presented with
any evidence and likewise any material fact that demonstrates or proves to the contrary that if the prosecution is devoid of a verified complaint, the Honorable Court can have a valid charging instrument that the defendant may enter a plea to and believes that none exists.
7. The Undersigned respectfully declines any offer to be heard
by a Judge Pro Tem, which should not be construed as a general appearance.
8. The Undersigned has neither seen nor been presented with
any evidence and likewise any material fact that demonstrates or proves to the contrary that the Undersigned is not respectfully asserting his rights pursuant to California Constitution Article 6, Section 21, which states:
On stipulation of the partys litigant the court may order a cause to be tried by a temporary Judge who is a member of the State Bar, sworn and empowered to act until final determination
of the cause.
9. The Undersigned has neither seen nor been presented with
any evidence and likewise any material fact that demonstrates or proves to the contrary that the following is not valid re the case of In Re Courtney H. (App. 1 Dist. 1995) 45 Cal.Rptr. 2d 560, 38 Cal.App.4th 1221 the Court stated in part:
If commissioner is given authority to act as temporary Judge, commissioner must also obtain proper stipulation of partys
litigant in order to preside over specific proceeding.
[Emphasis added]
Dated: July 8, 2003 Respectfully submitted and signed
without prejudice by,
Jason Allan Whitney?)</FONT>
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