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"Speeding" and "driving" w/o Insurance Dismissed! "Speeding" and "driving" w/o Insurance Dismissed!
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Old 11-08-2006, 12:06 PM
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ISAIAH ISAIAH is offline
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"Speeding" and "driving" w/o Insurance Dismissed!
I started with the ticket slayer style process of defaulting the prosecutor and ended up challenging inpersonam jurisdiction at the stand.

The end result was dismissed because of a "State jurisdictional problem regarding the incorrect date on the original ticket."

This was not even a part of my argument but after the judge was done "being candid" with me and berating my documents he acknowledged the "jurisdictional problem" and was forced to dismiss on this error.

Silly Huh?

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Old 11-08-2006, 12:35 PM
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Quote:
Originally Posted by ISAIAH
I started with the ticket slayer style process of defaulting the prosecutor and ended up challenging inpersonam jurisdiction at the stand.

The end result was dismissed because of a "State jurisdictional problem regarding the incorrect date on the original ticket."

This was not even a part of my argument but after the judge was done "being candid" with me and berating my documents he acknowledged the "jurisdictional problem" and was forced to dismiss on this error.

Silly Huh?

Was the premise that the date on the ticket was incorrect? Was it in fact incorrect?
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Old 11-08-2006, 05:49 PM
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Originally Posted by FreeFromContract
Was the premise that the date on the ticket was incorrect? Was it in fact incorrect?
Yes, the original ticket was dated 7/19, the true date was 7/20. From my googling that should not be a jurisdictional problem or even something worthy of dismissing a infraction.
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Old 11-08-2006, 06:19 PM
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Excellent !!
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Old 11-08-2006, 06:25 PM
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Normally the stupid robe wouldve allowed the officer to correct the ticket on the spot. Not a fatal error such as wrong vehicle description.
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Old 11-08-2006, 10:20 PM
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CONGRATULATIONS!

Thank You for posting your success and including the scanned document.

Awesome win! Wooo Hoo!

What helped you to decide to challenge inpersonam jurisdiction at the stand?
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Old 11-08-2006, 11:08 PM
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Quote:
Originally Posted by ISAIAH
Yes, the original ticket was dated 7/19, the true date was 7/20. From my googling that should not be a jurisdictional problem or even something worthy of dismissing a infraction.

Totally correct. That is not why they dismissed.
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Old 11-09-2006, 12:52 AM
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Originally Posted by ezrhythm
CONGRATULATIONS!
What helped you to decide to challenge inpersonam jurisdiction at the stand?


Thanks! It was a long time coming (almost 4 months of waiting and nail biting).

Just reading here has kind of engraved "with out prejudice" and "challenge jurisdiction" into my mind when ever thinking of court or law. It just tumbled out of my mouth when I was asked to swear in
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Old 11-10-2006, 09:42 AM
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can you recall yours and the court's dialogue?

How did you challenge in personam in the verbal manner rather than in the written?

What did you say?
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Old 11-10-2006, 10:42 AM
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Congrats on your win, we need more wins posted here with evidence.
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