Please help your newest member!

Peace and Blesssing to all

I'm a new member. I'm prayful that someone can assist me.

Back in September, I and my sister were pulled over by a Washtenaw County Sheriff for violation of noise ordinance. When, the office approached my car I asked him what he was stopping me for. He said my music was so loud that he could here it a few blocks away. Well, I gave him my license and vehicle registration and proof of insurance. He went to his patrol vehicle and about 5 minutes later. He approached the car and asked me to step out the vehicle. I asked him why, He said with more volume please step out the vehicle now. I continue to ask why, and then he unclipped his holster and began to reach for his gun. I immediately got out of the car (fearing my life). He said there is a warrant for my arrest. He asked me to step to the back of the vehicle. He asked me to spread my legs. He asked me to spread them wider. I didn't, because I was almost doing the splits. He became upset and kicked my legs apart even further. He searches me. I told him you’re making a mistake. He handcuffed me and walked me back to his vehicle. Another sheriff pulled up behind his patrol car. He asked the fellow sheriff to escort my sister to their patrol car and search my vehicle. While I was in the back seat of his vehicle, he was confirming information about the warrant with the dispatcher. Well, it turned out that the sheriff didn't get all the correct information. The warrant was for a David Allen Smith. My full name is David Anthony Smith. The dispatcher confirmed that it was for David Allen Smith. The sheriff tried to dig deeper by asking more questions. The dispatcher gave him everything. I was release and still given a ticket for noise violation and to appear 15 days before a magistrate.

I went to court to appear and stood before the Magistrate. He asked me on the charge of violating the Noise Ordinance. How did I want to plea? I said not guilty. So, I'm scheduled for a pre-trial on Tuesday Nov 8th at 2pm with the Prosecutor.


I know I can get this charge dismissed. How can I go about doing this? Oh, one thing. This sheriff didn't even say he was sorry! It would be nice to have him say sorry to me before the Judge. That would make my day!!


Thanks for your help

Psalms*1:1-2
Blessed is the man that walketh not in the counsel of the ungodly, nor standeth in the way of sinners, nor sitteth in the seat of the scornful

But his delight is in the law of the LORD; and in his law doth he meditate day and night.

[Livefire]

I wish there was more time to put the PA into default. If the PA hasnt presented a signed verified complaint would be grounds to dismiss. I've also read that the officer doesnt really have standing to be a witness if at the same time he served you with the complaint. After the noise ticket is resolved, Id look into bringing a civil action against the cop that illegally arrested and assaulted you, preferrable in a federal venue. His immunity doesnt extend to illegal acts. str8razor just beat a ticket in court....I'd review his posts and perhaps message him for particulars.

BTW....Forget about the idiot offering an apology, make him pay! DEARLY!

I only recieved a Notice to Appear for PreTrial. I'm new at this fighting traffic tickets. I see some of you have won. I know all courts want is the money.

Again thanks for any help. I know I don't have enough time to learn everything.

I will provide more details and buy more time since this is a pre-trial.

[idknow]

Well, was the sound eminating from your car that loud? Did you pass the agent as you travelled?

It seems to me that the agent's use of force to separate your legs was unreasonable.

Study the law regarding "level of noise" perhaps you can determine that it only applies to corporrate activity: ie, construction (which is usual), and see if the required elements were all present when you were stopped.

also, study up on how sound travels in the atmosphere, it's neither uniform nor for long distances! You said that the agent said he was more than a block away? what kind of terrain were you in, what kind of building? concrete jungle (think manhattan, ny; or woods; or flat field or farm region? All this affects what sound can do and how far it can travel; also the weather at the moment affects sound - humidity, precipitation, tempurature, wind, even ambient light level can be an indicator of the performance of sound.

that's all I got so far.

your anointed brother idknow.
--

Originally Posted by HighPriest

Peace and Blesssing to all

I'm a new member. I'm prayful that someone can assist me.

Back in August, I and my sister were pulled over by a Washtenaw County Sheriff for violation of noise ordinance. When, the office approached my car I asked him what he was stopping me for. He said my music was so loud that he could here it a few blocks away. Well, I gave him my license and vehicle registration and proof of insurance. He went to his patrol vehicle and about 5 minutes later. He approached the car and asked me to step out the vehicle. I asked him why, He said with more volume please step out the vehicle now. I continue to ask why, and then he unclipped his holster and began to reach for his gun. I immediately got out of the car (fearing my life). He said there is a warrant for my arrest. He asked me to step to the back of the vehicle. He asked me to spread my legs. He asked me to spread them wider. I didn't, because I was almost doing the splits. He became upset and kicked my legs apart even further. He searches me. I told him you*re making a mistake. He handcuffed me and walked me back to his vehicle. Another sheriff pulled up behind his patrol car. He asked the fellow sheriff to escort my sister to their patrol car and search my vehicle. While I was in the back seat of his vehicle, he was confirming information about the warrant with the dispatcher. Well, it turned out that the sheriff didn't get all the correct information. The warrant was for a David Allen Smith. My full name is David Anthony Smith. The dispatcher confirmed that it was for David Allen Smith. The sheriff tried to dig deeper by asking more questions. The dispatcher gave him everything. I was release and still given a ticket for noise violation and to appear 15 days before a magistrate.

I went to court to appear and stood before the Magistrate. He asked me on the charge of violating the Noise Ordinance. How did I want to plea? I said not guilty. So, I'm scheduled for a pre-trial on Tuesday Nov 8th at 2pm with the Prosecutor.


I know I can get this charge dismissed. How can I go about doing this? Oh, one thing. This sheriff didn't even say he was sorry! It would be nice to have him say sorry to me before the Judge. That would make my day!!


Thanks for your help

Psalms*1:1-2
Blessed is the man that walketh not in the counsel of the ungodly, nor standeth in the way of sinners, nor sitteth in the seat of the scornful

But his delight is in the law of the LORD; and in his law doth he meditate day and night.

[Vlaud]

Hello,
HighPriest
I wish i had time to give you direct help but i have things i must do at the moment but mabey later anyways i think what i can give will help out alot...
I do not know how much time you have but i would heavely research the two sites im posting and when goin back to court unless you feel ready ask for a 30 day extention. OH yah most imporntant thing you probly know this but it wront hurt to say it, DO NOT GET AN ATTORNY OR ANY TYPE OF COUNCIL WHATSOEVER PERIOD. yes you most likely know this one but its very important if you want to win. second you do not i repeat you do not want to go back to court to defend yourself no if and or but's about it. As livefire said file a suit but not after you win but now file a counterclaim before your pre-trial but if your not ready ask for 30-60 days to come back for pre-trial cause if you want to kick hard when there not looking and walk away the victor you cant play there game you must assume your power and turn their admiralty, corperate, dieceitful court into your common law court where your the prosicutor and you set the proceadings.
for better and more information on this tactic Go To:
www.1215.org
and yes there are some on this site that dont agree with bill thornton but as everyone can admit there is little we patriots, freedom fighters can agree on but one thing freedom but how to get there we will all disagree at times. my opinion on why most people dont like bill thornton is because they havent studyed his material all the way and they have not seen or been to his seminars.
remember there is no silver bullet well not that i have found yet..
study everyone's material and take all the good and make your own tactics.
like it says on the back of the dollar bill "one out of many" make one tactic out of many.

And here is one of the greatest site's that i have found myself, And i highly recommend it too everyone that has not yet seen it. Here:

http://freedomforumoc.tripod.com/fre...endedlinks.htm
there is more information held on this site through its links then i have found on any other law site so have fun with this one.

I tryed to keep this as short as i could and didnt cover as much as i wanted but it should be sufficient for a good start.

And if there is anything here that anyone disagrees with or thinks is false pleese inform me among everyone so that we can all come out the wiser.

good luck

Okay. I have good news. I called the court today to confirm my pe-trial. The person on the phone told me the Judge wasn't coming in today.
This is going to be reschedule for the 13th. I said okay
she asked "did I get an attorney?" I said "no". She said " another notice will be sent out." After our conversation. I looked at the calendar and saw that the 13th was on a Sunday. Clearly, the courts are closed that day. I'm not calling back to confirm the correct date. So, anyone who wants to call me or email me the correct steps to fight this without appearing in court. Please do hesitate. I'm confident I can defeat this.

HighPriest
734-326-1806
david.a.smith@dasteksys.com

Exodus 20:16
Thou shalt not bear false witness against thy neighbour

Originally Posted by idknow

Well, was the sound eminating from your car that loud? Did you pass the agent as you travelled?

It seems to me that the agent's use of force to separate your legs was unreasonable.

Study the law regarding "level of noise" perhaps you can determine that it only applies to corporrate activity: ie, construction (which is usual), and see if the required elements were all present when you were stopped.

also, study up on how sound travels in the atmosphere, it's neither uniform nor for long distances! You said that the agent said he was more than a block away? what kind of terrain were you in, what kind of building? concrete jungle (think manhattan, ny; or woods; or flat field or farm region? All this affects what sound can do and how far it can travel; also the weather at the moment affects sound - humidity, precipitation, tempurature, wind, even ambient light level can be an indicator of the performance of sound.

that's all I got so far.

your anointed brother idknow.
--

Fellow brother, I will answer your questions

Did you pass the agent as you travelled?yes

what kind of terrain were you in, what kind of building? concrete jungle (think manhattan, ny; or woods; or flat field or farm region? I was in downtown Ypsilanti area, near Eastern University.