Speeding SMJ WIN!

[masterduke]

AWESOME you guys!!!!

[mrg]

Can you post that one pager?

[charlesa6]

Good job, codee.

[Codee]

Originally Posted by mrg

Can you post that one pager?

Superior Court in ______ County

XXX St.
Xxxxxx Xxxxxxx
ZIP.

People vs. ____________

XXXXXXX X. XXXXXXXXXXXXX

Case naumber___________

Special appearance,
Notice of and motion to dismiss.

Upon reciept of thie document notice is deemed given that XXXXXXXX X. XXXXXXXXXXX. will move t dismiss all chrages based on the content of the section of this document titled "Foundation in Law."

FOUNDATION IN LAW

The court held accused on a recognizance. The accused was never shown a formal complaint, which is required to be filed, so as to retaining jurisdiction. Holding of the accused by way of recognizance is within jurisdictional limitations for crimes with a formal complaint on record. Without such a complaint jurisdiction does not exist to hold. A court without jurisdiction has no power to hold, continue or otherwise proceed [Fn-1] [Fn-2] [Fn-3.]

Relief sought: Defendant demands that this court find itself wanting Jurisdiction and dismiss itself immeadiatly.

*Fn-1
People v Agnew (1952, App Dep't Super Ct) 110 Cal App 2d Supp 837, 242 P2d 4 10.

“Jurisdiction of the Municipal Court of Los Angeles to try a defendant for a traffic:violation and enter judgment depends upon the existence of a formal complaint.”

*Fn- 2
Rupley v Johnson (1953) 120 Cal App 2d 548, 261 P2d 318.

“On a plea other than guilty to traffic violations and in the absence of a waiver, a complaint must be filed before the court has jurisdiction.”

*Fn-3
Gavin v Municipal Court of San Diego Judicial Dist. (1960, 4th Dist) 184 Cal App 2d 712, 7 Cal Rptr 732.
“Defendant cited for and charged with violating section of Vehicle Code who pleads not guilty and does not waive filing of misdemeanor complaint, is not brought within jurisdiction of municipal, or other inferior, court, until verified complaint charging him with offense in question has been filed.”


Signed:

____________________ __________ Date: _________


__________________________________________________ ____________________________
END


No recourse
No liability assumed
Not intended as legal advice

[Codee]

So My thoughts on this are that I keep getting wins and no officer has ever filed a verified complaint/formal complaint. So why is this? Can they not issue formal complaints for infractions??? Yes that is it. There is no crime, every thing is presumption,,,, The presumption is not that you are a fiction,,,, It is that you are a dumb a$$ who spout about rights and never read the actual laws.

[idknow]

Originally Posted by Cole

So the day started with moving out of my house in sacramento, and while taking a lunch break, i am driving down La Riviera (35mph speed zone), but because i am an anxious kinda guy, i am clocked doing 50 mph by a Motorcycle Cop. And this is a problem for me. This ticket would add a thrid point on my record, which would cause me to loose my license and cause my insurance to go up. THEN, A BRIGHT SPOT IN THE SHADOWS! From past conversations, i recalled having a close neighbor and friend who is brilliant in law and government. His name is Cody, and with his essays, i submitted a one page motion to dismiss. I must admit i was unsure how well this move would work, but when my i attended my trial after pleading not guilty, an interesting thing happend. The a$$hole who wanted to cite me for my driving, decided not to show up! And even more amazing, was that i was the only person at court that day who's arresting officer did not show up. Call it goodluck or fear of getting punked, but thanks to Cody i was prepared for my trial and my citation was dismissed.
-C

excellent and congrats!

more detail pls?

[ISAIAH]

Originally Posted by Codee

Superior Court in ______ County

Is this piece something that would need the proceedings moved to a higher court? (assuming it started in a district court)

[Codee]

In california everything starts in the Superior Court in and for said County of _________ ... There is no district courts.

I also noticed that the last footnote was cropped off. The section of the case quoted is now in the post above.

Good Luck all.

No recourse
No liability assumed
Not intended as leagal advice

[David Merrill]

This is typical of a court of competent jurisdiction.

The "defendant" was jailed for various traffic violations which were all Refused for Cause properly and timely, paid a bail that he will never see again. Then he began demanding proper process outside the County of XXXXX METRO courts.

http://friends-n-family-research.inf...and_Decree.rtf
court of record

http://Friends-n-Family-Research.inf...9;_AG_oath.jpg

Recently he enlisted a friend to check up on things and found nothing addressed in the R4C/abatements remain. However they sure seem to be making something he never bothered with Refusing for Cause a capital crime! - Dog at Large!

The strategy will likely be to pull him into jail about his snotty neighbor and then bring up the R4C traffic cases. That failed once but then this time the bond amount goes way up.

To date he has never been served any such mentioned summons to appear.



Regards,

David Merrill.

[cdsea10]

how would one page letter be modify this for north carolina or virginia.

my son got one on north carolina and appears dec 8th, 10 mph over speed limit.

i met a couple this past weekend and she said when in court and asked how to plead to say: your honor, before i plead, i request a trial by jury in a court of record."

she said if the cost of the court of record jury trial is greater than the ticket, it usually goes away.