[weishaupt1776]

[color=black][b] I was thinking of using this as a thread to post our defeats &/or denial of motions. Here is what happened:



Please have mercy on me, guys as I've been at this court/common law thing since late June. This was also my first time & I was tongue tied with all of this paperwork in front of me. This was here in Florida.



I filed the AoT on Oct 11 w/ an MoD. I mentioned that the affidavit was not rebutted w/ in the 10 day period & the judge blew it off. The Motion hearing was today 10/25 and all there was was the judge & me w/ no prosecution. . He said my motions were based on civil procedure & not applicable to a civil infraction. I asked if this was admin or jud & he said jud. I asked if the word person in the cited statute included flesh & blood people & he said yes. I then said I was here under duress & he said that's right you have no other choice but to sign it otherwise you'll be arrested, so it is under duress. I moved for discovery & he said that is not applicable to civ infr & it will have to go to trial & to set it w/the clerk. He then denied the motions.



I walked down there, and the clerk punched it up & said your plea is not guilty & the trial is set for Jan 19. I was stunned. I said I did not plea & was not informed by the judge that he entered a plea. After much deliberation, I went back to the courtroom & said that there was not enough information from which to enter a plea. He just steamrolled it. I asked if he was offering to be my attorney, empty bench, etc. . . I showed him case law regarding affidavits & how the plaintiff had to show jurisdiction by affidavit and he said that's only in civil cases.

I was stuck-I didn't object like should have or ask for JD of his oath, etc. . .

I asked who the prosecution would be, and he said the Sheriff would be.



I went back & they said I either sign the thing now or get hit w/late fees, So I signed the thing under duress with A.R.R like I did w/ the ticket.



Now I am thoroughly confused. The ticket is a civil infraction, but the civ proc is not recognized. A plea has been entered against my will.



SHOULD I, default the sheriff personally since he is the prosecutor? all that's filed w/ the court now is the AoT & the notice to cure.