
09-16-2005, 12:25 PM
|
|
Unplugged
|
|
Join Date: Oct 2004
Location: Arizona State
Posts: 72
|
|
Minor going to court for alleged traffic violation
I am not sure if there is anything out there already covering this, but here it goes.
My 17 yr old son got a traffic ticket (i.e. contract) from a city police officer and is required to bring a parent/gaurdian to appear in court as a juvenile. I know about rescinding the signature which will void the contract. I am wanting to know if he would be able to do it? or does the parent need to do it?
When are you considered a Sovereign under 18 yrs?
If this has been covered and someone could point me to the correct thread/threads, I greatly appreciate it. He has to appear on Sep. 20.
Thanks,
Chuck.
__________________
"Nothing real can be threatened.
Nothing unreal exists.
herein lies the peace of GOD" - A Course in Miracles.
|

09-16-2005, 04:03 PM
|
|
Unplugged
|
|
Join Date: Oct 2004
Posts: 69
|
|
|
Sovereignty is more than just spitting out words...It is a state of being, a knowingness that comes from within. Age is not at issue, after all would that not just be an inference coming from the ideas of man and not the creator?!
If one is not absolutely certain that they are soveriegn perhaps this bit of knowledge will help....
A Drivers Licence - evidence of the states granting of the privilege to drive.
Driver - A person who operates a motor vehicle for hire.
Vehicle - A vessel used in commerce
We The People have authorized congress the legislative authority to regulate commerce.
A free Man travelling in an automobile cannot be regulated.
Assert your constitutionally protected God given right to not testify or incriminate against yourself (5th amendment). answer no questions related to the alleged violation.
The burden of proof rest with the plaintiff, make them prove it!
make them prove he was driving (involved in commerce).
make them produce the injured party for your questioning as you have a right to examine how and in what way the injured party in fact became injured.
You have a right to know the nature and the cause of the charges against him.
make them prove that he is a party to which the statute or ordinance applies.
Read the statute they are relying on for their authority.
Statutes and Ordinances are internal administrative policies (law?!). one must be a party to the administration...there are three ways to be a party to the administration... 1) Government employee
2) U.S. citizen
3) party to a contract
a) expressed or
b) implied without rebuttal
When being asked, "How do you plea?" answer with "I have yet to be informed of the nature and cause of the actions against me, without this knowledge I do not have the necessary information to make an informed decision as to how I should plea if at all and I do not give my consent for one to be entered for me. DO NOT VOLUNTEER INTO A STATUTORY JURISDICTION!
You have the constitutionally protected God given right to be tried in a court of common law before an impartial jury. (6th amendment)
There are so many ways to proceed with an innumerable set of twist and turns along the way and with such little information you provided I just hope something here can be a spark to your success.
We the people instituted governments among us to secure our liberty, defend our rights, and protect our property. These governments derive their just authority from the consent of the governed. (your personal consent.)
|

09-16-2005, 04:14 PM
|
 |
The Outta Commissiona
|
|
Join Date: Oct 2004
Location: Florida Republic
Posts: 5,417
|
|
Quote:
|
Originally Posted by chuckhs12
I am not sure if there is anything out there already covering this, but here it goes.
My 17 yr old son got a traffic ticket (i.e. contract) from a city police officer and is required to bring a parent/gaurdian to appear in court as a juvenile. I know about rescinding the signature which will void the contract. I am wanting to know if he would be able to do it? or does the parent need to do it?
When are you considered a Sovereign under 18 yrs?
If this has been covered and someone could point me to the correct thread/threads, I greatly appreciate it. He has to appear on Sep. 20.
Thanks,
Chuck.
|
Technically speaking the age of majority@common law is 21
He could sign power of attorney over to you
|

09-16-2005, 04:34 PM
|
 |
Come and Get Some!
|
|
Join Date: Apr 2005
Location: Pennsylvania republic
Posts: 1,453
|
|
|
Minor Issue?
Quote:
|
Originally Posted by weishaupt1776
Technically speaking the age of majority@common law is 21
He could sign power of attorney over to you
|
By this same reasoning the minor is under the protection of his parents, particularly his father, under common law. The minor really does not have any power to turn over to anyone. As his parent you already have the ability to speak for your minor.
Quote:
Originally posted by chuckhs12
My 17 yr old son got a traffic ticket (i.e. contract) from a city police officer and is required to bring a parent/gaurdian to appear in court as a juvenile. I know about rescinding the signature which will void the contract. I am wanting to know if he would be able to do it? or does the parent need to do it?
|
Emphasis added.
Thus, the parent needs to speak to the issue.
Quote:
Minor [L. comparative form of parvus/little, small]
Literally, smaller, less than. A person who is younger than the age which defines legal competence. In most states and for most purposes, this is the age of 18.
Latin for Lawyers, by Lazar Emanuel
|
Emphasis added.
However, I guess it won't hurt to get the power of attorney, just in case the hearing officer requires something abnormal.
__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
All Rights Reserved.
www.restoretherepublic.net
Last edited by BOBT12 : 09-16-2005 at 04:59 PM.
Reason: Updating Information
|

09-16-2005, 05:10 PM
|
|
|
|
As Usual, The Cart's Been Put Before The Horse.
Greetings,
Yes, the minor IS UNDER the protection of his PARENTS. That is precisely why they want a PARENT or LEGAL GUARDIAN present in the courtroom ... to waive jurisdiction and sell out their own kid.
Think about it, how does one get ordered into court ? A subpeona !!!
If someone wants a parent in the court, then they MUST go through the proper channels. Why won't they put it in writing? Because it is all a ploy.
I have seen this before. A smart kid went in to court alone even though the cops told him he had to have a parent present. The judge would not take any action and re-scheduled verbally telling the kid, "Next time, bring your mother". Mother was privy to the ploy and the kid went in again without a parent. The judge blew up, re-scheduled again, and again verbally told the kid to bring a parent. The kid asked the judge, if he (judge) wanted his parents in the court, then why hadn't he invited them in writing. This dragged on for a while and eventually they dropped the charge. In conjunction with all this, papers were served on the cop, requesting his bond and oath.
This thing of cops telling kids they have got to bring their parents is nonsense, period. Whatever happened to service by mail or giving the ticket/complaint to the parents at home? Since when is a juvenile a legitimate process server for his own mother? In the case I am referring to, neither parent ever got any notice to appear in the mail. The notice went to the kid, only.
Something to think about.
Sincerely,
truth
Last edited by truth : 09-16-2005 at 05:23 PM.
|

09-16-2005, 05:23 PM
|
 |
Come and Get Some!
|
|
Join Date: Apr 2005
Location: Pennsylvania republic
Posts: 1,453
|
|
Yes - It May be Worth a TRY
Quote:
|
Originally Posted by truth
Greetings,
Yes, the minor IS UNDER the protection of his PARENTS. That is precisely why they want a PARENT or LEGAL GUARDIAN present in the courtroom ... to waive jurisdiction and sell out their own kid.
Think about it, how does one get ordered into court ? A subpeona !!!
If someone wants a parent in the court, then they MUST go through the proper channels. Why won't they put it in writing? Because it is all a ploy.
I have seen this before. A smart kid went in to court alone even though the cops told him he had to have a parent present. The judge would not take any action and re-scheduled verbally telling the kid, "Next time, bring your mother". Mother was privy to the ploy and the kid went in again without a parent. The judge blew up, re-scheduled again, and again verbally told the kid to bring a parent. The kid asked the judge, if he (judge) wanted his parents in the court, then why hadn't he invited them in writing. This dragged on for a while and eventually they dropped the charge. In conjunction with all this, papers were served on the cop, requesting his bond and oath.
Something to think about.
Sincerely,
truth
|
Yes, it is something to think about. However, it would appear that you would have the same effect if no one shows up for the proceeding, since the minor has no standing.
In any event, I would like to see how things turn out. Maybe this one will go into the win department.
__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
All Rights Reserved.
www.restoretherepublic.net
Last edited by BOBT12 : 09-16-2005 at 07:48 PM.
Reason: Updating Information
|

09-16-2005, 05:29 PM
|
|
|
|
The problem is, if he DOESN'T show up, I fear they would at least pick him up for failure to appear, if he got an invitation. This way, there's no chance of that AND ... it puts the court between a rock and a hard place.
Sincerely,
truth
|

09-16-2005, 07:22 PM
|
|
Unplugged
|
|
Join Date: Oct 2004
Location: Arizona State
Posts: 72
|
|
Thanks for your replies. I just wasn't sure since I have been more focused on my own issues. I will go in and give the judge a rescission of signature, which will void out the contract and plea the 5th.
This will be interesting to see which way it goes.
Thanks for the input.
__________________
"Nothing real can be threatened.
Nothing unreal exists.
herein lies the peace of GOD" - A Course in Miracles.
|

09-16-2005, 07:43 PM
|
 |
Practice Makes Perfect
|
|
Join Date: Oct 2004
Location: Alaska
Posts: 332
|
|
|
My daughter is turning 14 next month. in Alaska, you get to ask for the privilege of "driving" when you are of that magical age.
Hell, you think I am gonna let her ASK? no way. BUT, when I am teaching her and she is driving, and the cop recognizes me, and if one thing leads to another, aside from making Mom mad(my lovely wife who sits back amazed, disgusted, impressed, terrified, but still loves me), both of us will get tickets simultaneously! Of course, I am not sure WHAT the ticket will stick to for her. But there is definitely some flypaper that MY ticket will stick to!
She is brave and has peered down the rabbit hole more than once. But I need to be careful and roleplay the whole thing BEFORE we're there!
Any thoughts, oh wise tolerant friends?
Scottinalaska
__________________
All men die, few live. This little hobby of fighting tyranny is driving my wife nuts.
|

09-17-2005, 04:46 AM
|
|
|
|
Re: Minor going into court ...
Greetings chuckhs12,
"I will go in and give the judge a rescission of signature, which will void out the contract and plea the 5th."
Just so that we are clear on what exactly has happened, ask yourself if you (in YOUR name, not your son's) have gotten any notice or order to come into court. If the answer is "no", then why would you need to appear?
You may think that going in and rescinding your son's signature will work, but, the very fact that you made an "appearance" contradicts the rescission and they GOT CHA. I believe it's not him that they want, they need a PARENT or LEGAL GUARDIAN WITH HIM to keep it legal, because he is under age. For that matter, your son could give your rescission papers to the cop in court and a copy to the judge and claim he understands NOTHING as a response to any questions.
You see, I don't believe there is any contract yet to void. They have made an OFFER to contract. And YOU showing up unconditionally, is an ACCEPTANCE of that offer, ESPECIALLY IF you have not been formally invited. However, if your son shows up, as requested, that comes in the form of a conditional acceptance. His appearance is showing good faith, on the condition that they can prosecute him without a PARENT or LEGAL GUARDIAN there to speak for him.
A little more to ponder, no doubt. But, these people are pure evil.
Sincerely,
truth
Last edited by truth : 09-17-2005 at 05:30 AM.
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
All times are GMT -7. The time now is 08:23 PM.
Powered by vBulletin Version 3.5.1 Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 2.4.0
|
|