12-06-2006, 10:56 AM
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Practice Makes Perfect
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Join Date: Nov 2006
Location: at Massachusetts Republic
Posts: 227
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Red Light Citation - 72 Hours?
~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.
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12-06-2006, 12:15 PM
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Come and Get Some!
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Join Date: May 2006
Posts: 1,135
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There are many options including this one;
http://www.peoples-rights.com/Freedom.htm
Read what you can on the site especially, "It Ain't Me Tickets".
Another option is Codee's, Subject Matter Jurisdiction Challenge; http://suijuris.net/forum/travel/103...challenge.html
Others may share different options. It can be difficult to decide If you haven't been studying for very long.
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To view other forums or create a new thread; While viewing any thread scroll down to the bottom right hand side. Select from Forum Jump.
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12-06-2006, 01:17 PM
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Unplugged
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Join Date: Apr 2006
Location: Texas
Posts: 106
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This is not advice by any means. This is what I did. Made copies of the ticket with red inked lettering REFUSAL FOR CAUSE written across it. Send Certified Mail to both the address on back of ticket and to police chief (or sheriff) whichever department gave the ticket. Made sure it was mailed before the 72 hours had expired.
So you know, there are no guarantees for any procedure found on this site. Do read through the different approaches and choose the one you feel comfortable.
Good fortune to you.
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"The most lethal martial art is one requiring pen and paper". anonymous
Last edited by Rlynne : 12-06-2006 at 01:30 PM.
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12-06-2006, 03:10 PM
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Practice Makes Perfect
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Join Date: Jul 2006
Location: CA
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Both links are excellent ezrhythm. Nice work.
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12-06-2006, 06:02 PM
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Administrator
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Join Date: Jan 2006
Location: district of Alberta
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A friend of mine received 5 pieces of paper when they (cops) took back their car, where my friend was the registered owner.
He refused for cause and sent a notice of demand to each cop (there were 2 involved).
The cops supervisor called him after they received his papers.....
Court still went ahead and he volunteered in. I need to have a chat with him pdq. (good reminder).
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12-06-2006, 08:23 PM
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Practice Makes Perfect
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Join Date: Nov 2006
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Did he write "Refusal For Cause" in red across it and mail it certified mail? What happened in court?
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12-06-2006, 11:55 PM
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Administrator
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Join Date: Jan 2006
Location: district of Alberta
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Quote:
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Originally Posted by SaveUncleSam
Did he write "Refusal For Cause" in red across it and mail it certified mail? What happened in court?
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He did write refused for cause on them.
He went to court uneducated and did not ask / state the right things per jurisdiction....
Refuse for cause is such a wonderful thing. I have used it, 20 + times for abandoned pieces of paper on an auto I used to travel in. (some called them parking tickets).
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12-07-2006, 06:49 AM
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Come and Get Some!
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Join Date: Oct 2004
Location: Illinois(chi-town)
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Yep! Its a good thing, powder.
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Resolution pending
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12-07-2006, 07:14 AM
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Practice Makes Perfect
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Join Date: Nov 2006
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[quote=powder]He did write refused for cause on them.
He went to court uneducated and did not ask / state the right things per jurisdiction....
QUOTE]
So excuse my ignorance, what should he have said in court on the matter of jurisdiction? I thought that sending back their presentment prevented a court date?
Was this process easier for your "abandoned papers" 20+ times? Was there ever a time when this did not work?
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12-07-2006, 12:53 PM
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Administrator
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Join Date: Jan 2006
Location: district of Alberta
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Quote:
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Originally Posted by SaveUncleSam
So excuse my ignorance, what should he have said in court on the matter of jurisdiction? I thought that sending back their presentment prevented a court date?
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There are other threads here that discuss this very thing in detail. (I don't have the links)
Quote:
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Originally Posted by SaveUncleSam
Was this process easier for your "abandoned papers" 20+ times? Was there ever a time when this did not work?
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Ever stop a train on a dime? I did 18 times. The other 2 would have been handled like above, repeat - refuse for cause. Go to court challenge in personnem and they can kiss my ass.
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