Ticket Slayer - Page 12

Paul88 · #**111** 07-19-2005, 10:42 PM

I went to the court for the second time.....

And I recorded the whole thing again

I kept on asking the judge to mandate the clerk to enter the default many times to which she kept on telling me that the WM is for the higher court not for the lower courts. I am scheduled for trial next time I go there. If I knew I could ask if she had the authority to deal with the petition I would have asked her. But I simply didn’t I just kept asking her to do it. I strongly believe I am right on the issue and will try to fight as long as I possibly can; it’s been 2 years since I have been in and out of that court now. Yesterday the prosecutor was very quiet and I believe he knew he might be in trouble; this is why he tried to make a deal with me. But he wanted to handle the AT as a motion, to which I objected. He said well I’m just trying to help you. I feel that he knew more about what I was doing then the judge herself.

Paul,

RECORDING
www.todowoods.com/oldbridge7-13-05-1.mp3

Livefire · #**112** 07-19-2005, 10:59 PM

I think I wouldve been tempted to reply....If youre trying to help me, then motion for dismissal seeing that YOUR office is the defaulting party. IMHO, when the prosecutor asked the court to treat your affidavit as a motion, he was trying to get around his default status and create controversy.

charlesa6 · #**113** 07-19-2005, 11:10 PM

Quote:

Originally Posted by Paul88

I went to the court for the second time.....

And I recorded the whole thing again

I kept on asking the judge to mandate the clerk to enter the default many times to which she kept on telling me that the WM is for the higher court not for the lower courts. I am scheduled for trial next time I go there. If I knew I could ask if she had the authority to deal with the petition I would have asked her. But I simply didn’t I just kept asking her to do it. I strongly believe I am right on the issue and will try to fight as long as I possibly can; it’s been 2 years since I have been in and out of that court now. Yesterday the prosecutor was very quiet and I believe he knew he might be in trouble; this is why he tried to make a deal with me. But he wanted to handle the AT as a motion, to which I objected. He said well I’m just trying to help you. I feel that he knew more about what I was doing then the judge herself.

Paul,

RECORDING
www.todowoods.com/oldbridge7-13-05-1.mp3

How do you get the tape in the court room? Did they allow it.

J.W. · #**114** 07-19-2005, 11:19 PM

Paul,

Where the heck is the prosecutor in this mess? If the prosecutor is not there man and the judge is attempting to prosecute the case -- he is toast. If that is the case you may consider the following statements:

"I have a statement for the record, I object to Judge SoandSo prosecuting this case. It is clear that the prosecution has failed to prosecute the matter at hand and Judge SoandSo is attempting to litigate this matter on behalf of the plaintiff. In consideration thereof, I hereby motion this court for disqualification of Judge SoandSo pursuant to C.C.P. Section Xyz.

The key is to perfect the record in case you have to appeal. The case will never hold water. Furthermore, you should get will acquainted with the provisions for disqualification/recusal in the state you are litigating. For example, in California, you have one free magic bullet which falls under C.C.P. 170.6 however, for matters of conflict of interest and the like you have C.C.P. 170.1 which can be boiled down to conflict of interest, bias, prejudice and the like.

Hope my tidbit helps.

Jason

J.W. · #**115** 07-19-2005, 11:26 PM

Paul, is it a judge or commissioner? In addition the Affidavit of Truth term that is commonly used can be considered a superfluous term, the reason being is that that ALL affidavits are sworn under penalty of perjury, therefore they are all to be considered as the truth unless of course, a counter-affidavit is tendered.

Also, is that affidavit (Affidavit of Truth) that you sent to the prosecution an affidavit and conncurant motion for dismissal? Generally speaking if you were to submit your affidavit you could do it concurrantly with a motion to dismiss however, I think it is better to appear specially, challenging jurisdition, asking for the verified complaint and the like but then again, I always observe the fact that ther is more than one way to skin a cat.

In the end I have not seen ticketslayers' process and thus cannot comment on it properly.

Jason

Paul88 · #**116** 07-20-2005, 02:02 AM

Quote:

Originally Posted by Jason Whitney

Paul, is it a judge or commissioner? In addition the Affidavit of Truth term that is commonly used can be considered a superfluous term, the reason being is that that ALL affidavits are sworn under penalty of perjury, therefore they are all to be considered as the truth unless of course, a counter-affidavit is tendered.

Also, is that affidavit (Affidavit of Truth) that you sent to the prosecution an affidavit and conncurant motion for dismissal? Generally speaking if you were to submit your affidavit you could do it concurrantly with a motion to dismiss however, I think it is better to appear specially, challenging jurisdition, asking for the verified complaint and the like but then again, I always observe the fact that ther is more than one way to skin a cat.

In the end I have not seen ticketslayers' process and thus cannot comment on it properly.

Jason

The guy talking next to me is the DA. I have used Affidavit of Truth notice of default and final notice of default, along writ of mandamus. The judge set it for trial and that’s it. I will have to be ready in case the da is not there at the trial.

P.s. I'm in New Jersey.

Livefire · #**117** 07-20-2005, 05:27 AM

Paul,

Continuing on the lines of conflict of interest, Id also find out of the judges retirement fund is inured in part by traffic fines. This is the case in Michigan!

No way can the judge be impartial.

weishaupt1776 · #**118** 07-20-2005, 06:47 AM

Quote:

Originally Posted by Livefire

Id also find out of the judges retirement fund is inured in part by traffic fines.

How can one prove that with documentation?

J.W. · #**119** 07-20-2005, 04:15 PM

Paul,

You can use the public records act which can most likely be found in your states Govt. Code.

J

Livefire · #**120** 07-20-2005, 07:09 PM

Quote:

Originally Posted by Weishaupt1776

How can one prove that with documentation?

Here's the file containing the proof for Michigan.....Straight from the horses mouth!! Its a Michigan House of Representatives Fiscal Comittee report detailing how the fines are distributed. the Judges retirement fund receives 45 cents from every citation that is paid. Multiply that by the 1.9 million citations issued last year and you have some MAJOR funny munny!

As a matter of fact the fund was overfunded at 122%. Some of the overage was reallocated for other uses in the state judiciary. Oh, BTW.....the cops get a chunk too!!!

Weis, in closing, my buddy goes to traffic court on Friday and has filed all the TS paperwork including the Writ of Praecipe you forwarded...THANK YOU. I found this little tidbit as a result of research for his case.