
10-29-2004, 09:52 AM
|
 |
The Outta Commissiona
|
|
Join Date: Oct 2004
Location: Florida Republic
Posts: 5,268
|
|
|
Statutory Web
They hit me w/316.189* Establishment of municipal and county speed zones. (2)**SPEED ON COUNTY ROADS
Since he wrote Unlawful speed on the ticket, that link leads you to 316.183.
The penalty provisions are in 318.14*Noncriminal traffic infractions
In my denied motions, the judge said that a civil infraction has a different set of rules than in a plaintiff/defendant civil contract case. But look what the annotated had to say about 318:Noncriminal traffic infraction cases prescribed by chapter 318 are civil actions at law within meaning of ยง 34.01 setting forth jurisdiction of county courts and fact that actions are deemed "actions at law" does not mandate right to trial by jury under article of the Florida Constitution. Nettleton v. Doughtie, 373 So.2d 667 (1979).
The following questions are the result of Marc Stevens HERE.So my first question at trial to really light 'em up is going to be:
Your Honor, Does this case at hand involve a non criminal infraction case prescribed by chapter 318?<LI>Does this involve then, a civil action at law?The key is to get the judge to admit this. I hate to do this, but let's assume they answer yes. we may have to have them take judicial notice of the case above, but we don't want to show that we're smart. The next questions that would follow: Since this is a civil action at law, does this proceeding involve a contract or a tort?
Okay, now connect 34.041* Service charges and costs
(1)**Upon the institution of any civil action or proceeding in county court, the plaintiff, when filing an action or proceeding, . . . Please note the emphasized words & scroll all the way to the bottom: (6)**For purposes of this section, "plaintiff" includes a county or municipality filing any civil action.The next question:
Your honor, is there any evidence of a plaintiff?
__________________
Quit Walking Around Like a Half Breed Freeman Find Out How
DOWNLOAD THIS COURSE NOW !!
Quote:
|
Originally Posted by Jerry Pitts
The whole system is based upon a 'presumption' that something was represented to have occurred which may or may not have occurred in the manner which has been represented.
|
When the going gets weird, the weird turn pro - Hunter S. Thompson
|