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Originally Posted by Dillon Hunt
Does a police officer commit perjury when he gives you a traffic ticket after an auto accident in which he is not a witness to? When he signs and serves his complaint on you isn’t he alleging you committed a crime under oath? I mean if he didn’t see the accident why is he summoning you to traffic court in the first place?
Any comments appreciated.
Dillon
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No the officer does not. If I look at the ticket carefully I notice that there is no claim you violated a statute. All it says is "Violations: 12341" or whatever. On top of the fact that there is no statement of fact on the ticket, the ticket is not signed under penalty of perjury, thus there is no "sworn" statement.
The officer made an administrative decision and pulled me over for a private statute. On top of that I have 3 days to say "no thank you." If I do so then the DMV must give me an administrative hearing. If the DMV refuses the hearing they cannot proceed. In the admin hearing I am going to contest that non-judicial proceedure is only for public officers and corporations and that to use it against me as a private individual constitutes it as a bill of attainder. There can be no jurisdiction without a formal complaint. The formal complaint must be brought judicially or seperation of powers implemented through bills of attainder clause will apply and the tribunal will lose SMJ.
Good Luck