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Old 02-20-2006, 11:20 AM
CCinMI
 
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Court date approaching, need advise please

Please forgive my ignorance.
I am reading and educating myself as fast as I am able.
If I have posted this question in the wrong area, or board, please do remove it and possibly let me know where I may post a question/questions such as this.

Is there any more information on UCC-1-207 laws pertaining to driver’s lic available on the web or in here?

I was arrested and charged with implied consent and dui.
UCC-1-207 is/was on my driver lic. I signed it UCC-1-207 then my name/signature.

They "took" my blood (by force) after I was arrested at the jail.
There is no question I had been drinking. However I was not operating the vehicle.

I am also very aware that the county I live in is very pro active in making as much money for the county as they can. All officers have a minimum amount of tickets and arrest they must make.
(Well, it’s of no consequence…my rights were violated)

(In case you will ask me these question)

I was not driving.
I was behind the wheel - parked
I did submit to a breath test at the scene.
I was not read my rights. The officer stated at the implied consent hearing since he didn't ask me any more questions "after" my arrest, he didn't need to read my rights.
He did ask me if I understood the "implied consent" (question asked after arrest) I said I did not understand.

Any information you can provide is greatly appreciated.

I have a pre-trial on Feb 27th 2006
I did elect to have a jury trial.
I have an attorney who I feel does not know enough about ucc law to provide me with the "best" defense.

Is there a way I can postpone the trial so "I" can become more informed, and then defend myself?

Do you know if there a site/place I can look for an attorney in my area that is knowledgeable of UCC laws?

Thanks in advance
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  #2  
Old 02-20-2006, 12:47 PM
joseph sugarman joseph sugarman is offline
Practice Makes Perfect
 
Join Date: Jan 2006
Posts: 361
Quote:
Originally Posted by CCinMI
Please forgive my ignorance.
I am reading and educating myself as fast as I am able.
If I have posted this question in the wrong area, or board, please do remove it and possibly let me know where I may post a question/questions such as this.

Is there any more information on UCC-1-207 laws pertaining to driver’s lic available on the web or in here?

I was arrested and charged with implied consent and dui.
UCC-1-207 is/was on my driver lic. I signed it UCC-1-207 then my name/signature.

They "took" my blood (by force) after I was arrested at the jail.
There is no question I had been drinking. However I was not operating the vehicle.

I am also very aware that the county I live in is very pro active in making as much money for the county as they can. All officers have a minimum amount of tickets and arrest they must make.
(Well, it’s of no consequence…my rights were violated)

(In case you will ask me these question)

I was not driving.
I was behind the wheel - parked
I did submit to a breath test at the scene.
I was not read my rights. The officer stated at the implied consent hearing since he didn't ask me any more questions "after" my arrest, he didn't need to read my rights.
He did ask me if I understood the "implied consent" (question asked after arrest) I said I did not understand.

Any information you can provide is greatly appreciated.

I have a pre-trial on Feb 27th 2006
I did elect to have a jury trial.
I have an attorney who I feel does not know enough about ucc law to provide me with the "best" defense.

Is there a way I can postpone the trial so "I" can become more informed, and then defend myself?

Do you know if there a site/place I can look for an attorney in my area that is knowledgeable of UCC laws?

Thanks in advance


As long as you have an attorney there is nothing you can do for yourself. If you are able to divest yourself of the attorney, then, and only then, might you be able to help yourself. The only way you might be able to do this will be to convince the court you do not have effective counsel, and you wish to proceed on your own. Since I do not know what state you are in, what exactly you have been charged, or what the attorney has done, if anything, up to date; it is not possible to provide you with any information.

The Uniform Commercial Code has nothing to do with your defense for DUI: or for that matter the defense pertaining to any crime.

You have not been charged with 'Implied Consent'--it is not a crime.

You might wisht to Google "Lawyerdude" to see how he helps those appearing for themselves with some of the problems it appears you have.

Joseph Sugarman, design@dream-home.com
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  #3  
Old 02-20-2006, 04:04 PM
hAKEEM's Avatar
hAKEEM hAKEEM is offline
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Join Date: Oct 2004
Location: Virginia
Posts: 138
well lets see. One never consent to anything implied, express, all forms of entering a agreement(contract) you have giving him juristiction.

What would I do. One fire your Attorney apppear and request more time to find competent representation. Once giving more time File Ticket Slayer Docs for first defense. Second try getting your case into a court of record/ third get Officer on Stand and ask important questions only Ask officer questions about the LAW. And bring witness dont appear alone NEVER... Read my story they saved me until Last. I was the Last one in Prince william county, VA to see the Judge. Now if this happens to you Your chances is 95% a sure win. If the DA wants to talk to you and try to scare you is b/c you file the Ticket slayer papers. I would try to get this delay a month.. Simple even if you was Drinking in your private car who is injured where is the crime what Law have you broken.
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  #4  
Old 02-20-2006, 05:39 PM
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Livefire Livefire is offline
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Join Date: Oct 2004
Posts: 1,302
CCinMI,

Send me your email via PM......I will forward my version of the Ticket Slayer doc I modified for Michigan use. I recently beat a traffic ticket with them. The judges retirement fund receives 45 cents from every citation issued. I included a copy of the document from the MI House of Reps as proof in my affidavit and had the court take judicial notice of Tumey v Ohio which basically says if you offer timely objection to a judge ruling on a case where he/she has a financial interest, you have a right to stop the trial.
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