Red Light Citation - 72 Hours?

[Codee]

Originally Posted by SaveUncleSam

~Repost due to site failure/deletion~

On Monday morning, 12:54am, I was presented with a citation for a red light - "failure to stop" with a $100 assessment. Forgive me if this has already been covered as I did read other posts but they did not seem to be very clear on this.
The presentment occured in Massachusetts Republic on the 4th, however the armed revenue agent wrote on the citation "12/03/06". On the 3rd at 12:54am, I was sleeping in a cabin approx 30 miles away. Could this be enough to get the citation thrown out should it go to court?

I only have a short time left before the 72 hour window closes. Do I simply write "Refusal for Cause" across the citation and mail it back? Keep in mind that I do have a DL and registered automobile. Also, the envelope I was given to mail the citation in is addressed to "CITATION PROCESSING CENTER, in BOSTON" The "violation" occurred in another town. Do I hand deliver the refusal to the local PD or mail it to Boston? No I need to have copies made and notarized? What is the next step after refusal? Is using US mail a bad idea?
If I do go to court, what about filing a motion to rebutt Admiralty jurisdiction, would that do anything?

Thank you for your time in this matter, I am new to all of this and do not have much time left to send it back. This is why my post seems rushed.

No the wrong date alone will not be enough. Espaecially if you show up and argue that the whole defense was that you were somewhere else. The cop will just say he was mistaken or accidentally put the wrong date.

A wrong date could be addressed by demurrer but then the date will simply be fixed.

I would look to other avenues myself.

[SaveUncleSam]

So I sent the citation back to the police chief with Refusal for Cause written across it in red ink. I did this because the officer's signature and badge number were unreadable. I stated so on the anonymous letter. Sent certified last Thursday. We'll see what happens.

[charlesa6]

keep us posted on that one.

[SaveUncleSam]

For those who have read and responded to this thread, I received a letter of notice from the DMV stating that I had defaulted on the citation of $100 and now owe $155 including a late fee. If I do not pay up by Feb 7th, my license will be suspended "by automatic application of law". I have posted this on another thread and will Refusal for Cause this notice also and open an evidence repository at my county court and send the refusal to them and the DMV with a clerk instruction letter.
Anyone else like to add anything to this on the R4C process? Any personal experiences?
Thanks.

[charlesa6]

Originally Posted by SaveUncleSam

For those who have read and responded to this thread, I received a letter of notice from the DMV stating that I had defaulted on the citation of $100 and now owe $155 including a late fee. If I do not pay up by Feb 7th, my license will be suspended "by automatic application of law". I have posted this on another thread and will Refusal for Cause this notice also and open an evidence repository at my county court and send the refusal to them and the DMV with a clerk instruction letter.
Anyone else like to add anything to this on the R4C process? Any personal experiences?
Thanks.

Using R4c and evidence repository is not going to save your license, unless you are not using your license for employment, then you can go for it, and keep us posted. On the other hand, if you use your license for employment, then you have to file for the appeal in general jurisdiction instead of R4c and evidence repository.
Question: Do you autograph the citation with TDC or not.
If you do, you already have execuse to refuse the ticket.

[ezrhythm]

Originally Posted by SaveUncleSam

Any personal experiences?

Yes, I stopped tendering (showing, providing, handing over) my DL last year. I pulled the plates off of my car and put, No Tresspassing - Not In Commerce in the front and rear windows and, Private - Not For Hire is on my license plate frame.
I have been passed by numerous law enforcement agencies on the road and have seen vehicles ticketed or towed on my street while mine was left alone.

If I am stopped and LE wants to issue me a ticket, I will hand over a notorized, one page copy containing my Christian name, court cites regarding the right to travel and a statement that it is a crime to withhold evidence.

Bless you more in your situation with peace and wisdom in Christ Jesus!

[charlesa6]

Originally Posted by ezrhythm

Yes, I stopped tendering (showing, providing, handing over) my DL last year. I pulled the plates off of my car and put, No Tresspassing - Not In Commerce in the front and rear windows and, Private - Not For Hire is on my license plate frame.
I have been passed by numerous law enforcement agencies on the road and have seen vehicles ticketed or towed on my street while mine was left alone.

If I am stopped and LE wants to issue me a ticket, I will hand over a notorized, one page copy containing my Christian name, court cites regarding the right to travel and a statement that it is a crime to withhold evidence.

Bless you more in your situation with peace and wisdom in Christ Jesus!

Thanks for the feedback. Now will know something is working for sure.

[SaveUncleSam]

Ok, well I guess I was jumping into this feet first and too fast. What type of letter do I send the Registrar (or whomever) to get a date for a hearing? Despite the fact that it is now after 30 days, I think I might try the hearing route (being the agent for LEGAL NAME, SMJ, etc). Any help would be appreciated. Thanks.

[charlesa6]

Originally Posted by SaveUncleSam

Ok, well I guess I was jumping into this feet first and too fast. What type of letter do I send the Registrar (or whomever) to get a date for a hearing? Despite the fact that it is now after 30 days, I think I might try the hearing route (being the agent for LEGAL NAME, SMJ, etc). Any help would be appreciated. Thanks.

You have to go to court house, and request for the new hearing date. Go to Pro se assistance desk for assistance with the form you need to fill out,and he/she will tell you what you need to do base on DMV procedure for reinstate the hearing.

[SaveUncleSam]

Originally Posted by charlesa6

You have to go to court house, and request for the new hearing date. Go to Pro se assistance desk for assistance with the form you need to fill out,and he/she will tell you what you need to do base on DMV procedure for reinstate the hearing.

When I go into court, I assume I am not to use my "last name" on paperwork, or do I and just sign True Name; dba Legal Name? Or ;agent? I am very concerned as I do not want to trip up and give them jurisdiction.
Forgive me as I have never been inside a courthouse before except on a school field trip years ago.