Traffic tickets,

Paul88 · #1 12-07-2003, 09:44 PM

Traffic tickets,
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I have received 4 tickets. Didn't go to court for them yet. Not all at the same time. I received careless driving, speeding, and reckless, and ticket for not using my headlights. I will not get into how and what not. I was wondering if I could fight them without going into court. I was thinking about using accepting them for value. Did anyone try anything with 100% success yet? Any suggestions?
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P.S. We should make a separate forum section for this, just a suggestion. 
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Thank you
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UPDATE.
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These are the tickets I recived.
1. Statue No. 39:4-96
2. Statue No. 19:8-12
3. Statue No. 39.3-47a
4. I dont habve the ticket on me but it was carless drivng.

suijuris · #2 12-08-2003, 10:04 AM

I am not aware of anything with a 100% success ratio.

However, remember that anything you try without going into court puts you at risk of a bench warrant and contempt/failure to appear charges if it does not work.

In my opinion, your best option is to use your states code against them. Have you read the articles Person 1 and Person 2 on this site yet? Do so and you will see what I mean.

Paul88 · #3 12-08-2003, 10:47 AM

I was trying to find the codes online, but couldn’t come up with anything. Is there a database where i can find out? I was trying to go into court and fight it on basis that i wasn’t traveling in commerce.
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#4 12-08-2003, 11:12 AM

did you mean "driving in commerce" ?

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=143985430&depth=2&ex pandheadings=off&headingswithhits=on&infob ase=statutes.nfo&softpage=TOC_Frame_Pg42

go to title 39, Rob NJ.

Paul88 · #5 12-08-2003, 11:14 AM

Quote:

Originally Posted by Rob Wolf

did you mean "driving in commerce" ?

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=143985430&depth=2&ex pandheadings=off&headingswithhits=on&infob ase=statutes.nfo&softpage=TOC_Frame_Pg42

go to title 39, Rob NJ.

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Yes Rob,

Paul88 · #6 12-08-2003, 11:32 AM

Quote:

Originally Posted by Rob Wolf

did you mean "driving in commerce" ?

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=143985430&depth=2&ex pandheadings=off&headingswithhits=on&infob ase=statutes.nfo&softpage=TOC_Frame_Pg42

go to title 39, Rob NJ.

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This is what I found,<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o

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"Commercial motor vehicle" includes every type of motor-driven vehicle used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise, excepting such vehicles as are run only upon rails or tracks and vehicles of the passenger car type used for touring purposes or the carrying of farm products and milk, as the case may be.<o

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So i could go into court and say I wasn’t operating commercial motor vehicle but a passenger automobile.<o

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"Automobile" includes all motor vehicles except motorcycles.<o

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But wouldn’t that put me back into motor vehicle, therefore guilty?&&

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"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. US, 230 F 486, 489.

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How would I go about this? I need a good plan since I do not plan on paying these fines or being found guilty.<o

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FlunkyNoMo · #7 12-08-2003, 12:27 PM

I used an affidavit of special visitation. Say what you need to in an affidavit, not in "person". In "person" you are likely to say something you don't mean and the Judge is a professional at tripping you up with your own words.
I found the hole in the Kali Codes under commericial vehicles subsection (b) vehicles not subject to registration.
In your affi make clear that you only speak for the "man" not the "PERSON".
Also look in your state codes for what is required to have a &"verified complaint". Like with a debt collector, until the complaint is verified, you don't have anything to plead to.
"Do YOU understand the charges against YOU?"
The officer that issued the ticket never signed it anywhere, yes?
You signed for WHO?
Did You want to sign it, or were You intimidated or under threat of being incarcerated that prompted You to sign? If the later is the case, Was this a consensual contract? &
Was&the officer&the injured party? Then he will have no problem signing under pen of per that he was injured, yes? Jurisdiction, Jurisdiction, Jurisdiction!!!
It can be won, even if it is due to their lack of response to your affi!!

 FNM
Came back to clean-up typos, added a few more lines. I'd also like to suggest that the search feature is quite good at this forum. I've been very open about my ticket challenge.
(Let's play a word game!)
[Webster's on challenge: verb :to dispute,to question the legality of, to call out to duel. 2nd definition noun 1c: A sentry's&command to halt and prove identity. AND 3: A test of immunitybyexposure to viralent infective material after specific immunization.]
Maybe more than I should've,&but I wanted as much help as I could get. Even if&it was just a "I've been there" or a "hang in there".&

suijuris · #8 12-08-2003, 01:47 PM

I would not trust the online version of your state's code. Allthough this is&a good place to begin, go to the library and look up the actual codes. You will likely find that they are not the same.

&"Automobile" includes all motor vehicles except motorcycles.&
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I guess it is up to you to determine whether or not you were traveling in an automobile or operating a motor vehicle. 

But wouldn’t that put me back into motor vehicle, therefore guilty?&
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Only if you accept guilt! Do you feel guilty? No? Then you are not guilty, no matter what others choose to presume.

#9 12-08-2003, 01:50 PM

i would use a affidavit too and go to court. tell the court that they dont have subject matter jurisdiction. give them time to rebut the affidavit and agree that they are wrong if they dont. the problem with all our remedies against the system is obvious, they have the guns and the jail and can rail road you into new charges and have you fighting all kinds of battles by not showing up for court. people are teaching non statutory abatements, denial of incorporation, it aint me and a host of other ways to prevent going to court but its up to the judge to decide if he wants to hold u in contempt because we dont have a enforcement stick yet to punish these guys without going to jail doing it yet.

suijuris · #10 12-08-2003, 01:51 PM

You may find some of the cites in this article to be a good place to start research:

http://www.suijuris.net/main/suijuris/article.php?story=20030923211647672&query=righ t+to+travel