[Akira]

Here is a simple "layman's" approach to dealing with those annoying traffic tickets.



Previous to 1963 there were two separate courts in all states of the United States. There were courts of equity and courts of law. Traffic, divorce, and Contract Law (equity) court was in one building, and Criminal Law court was in an entirely different building. Separate buildings, separate staffs, including Judges, and separate budgets.



In 1963, the government decided to try and save some money by consolidating the two courts into one, but they made a very large error. No one stopped to consider the repercussions of combining the two jurisdictions into one court.



As anyone who has done any reading on the traffic court situation knows, you surrender your "right of travel" for the lesser "priviledge" of contracting with the state for a drivers license. When an officer writes you a ticket, it isn't because you are breaking "the law" but because you have breached one of the provisions of your licensing "contract" That is why, up until 1963, when you got a traffic ticket, you went to equity court for your drivers license "contract" hearing.



Today, when we go to court, we find just one court... LAW COURT, NOT EQUITY !.



Can the court hear an equity arguement in a court of law? NO ! The two jurisdictions can not be mixed ! But because the sheeple trust their "friends in government", they get away with it.



We, however, can use this to our advantage. It should go something like this....





JUDGE: "In the case of State of XXXXX vs. Joe Blow, failure to stop at the stop sign on Elm Street and the corner of Main. How do you plead?"



Joe: "Well, your Honor, before I enter my plea, may it please the court, I would like to ask one question, if possible?"



JUDGE: "Certainly, what is the question?"



Joe: "Well, your Honor, I'm a bit confused...with all this statuatory stuff... Is this a court of equity, or a court of law?"



JUDGE: (startled) "There's no equity here ! This is a court of law !"



Joe: (now exposing his copy of the traffic ticket) "Then how do you propose we deal with this obvious problem of jurisdiction? The court can't hear an equity arguement in a court of law !"



You have just cornered the Judge ! and he needs a way out, bad ! He knows he can't hear an equity arguement in a court of law, and he knows you know, too. Depending on the Judge, you will get a variety of reactions, but most seasoned Judges will take it in stride. The judges goal will be to deal with you and get you out of the courtroom without letting the others in the courtroom know what has just happened. So listen for the Judge's "cue" when it is offered. In one case, the Judge simply said he would schedule the case for trial, and to check with the court clerk for the specifics of date and time. For more than a month, daily phone calls were made to the clerks office to get the date and time of the trial. It was never scheduled.



This is a very powerful technique if not over used and abused.



Hope this helps

Akira