Dismissed! 2 Counts of NO Lic, Reg, Tags, Insp. Sticker

[jeagas68]

Hey everyone,

The guy who got this win is a writer, wrote a long email to me, suijuris forums would not post because it was too much text. It has been posted to the following forum instead:

http://www.thinkfreeforums.org/viewt...hp?f=71&t=1041

Fantastic win!

'Silver Dollar

[weishaupt1776]

sounds cool, but the link wouldn't allow a non-member in

All you have to do to post it here is break it up into 2 or 3 posts

[dorkenbutt]

I copied and pasted to a word doc, as I have access to the forum. Well, I see it would not upload, so I will post it in pieces.

This verifiable win sent to me from I guy I helped out a little prepare for court.
I was not able to make it to the court session myself but sure wish I had been, this is GREAT!
you cannot do this unless you have canceled [administrative procedures]
out all the adhesions, private agreements and contracts. a/k/a.. Drivers License, Voters Registration, Social Security Number, Birth Certificate, Marriage Licenses e.t.c.
And it doesn't hurt to have a calm and collective disposition.
If you notice this judge set the man up to win, it was up to the man to stay in honor.

Cheers,

'Silver Dollar

================================================== ==
April 19 (A Date That Will Live in Infamy), 2008

I finally received tickets from two NC State Troopers for several failures to comply with North Carolina DMV statutes. On April 17, 2008, I appeared in pro per to argue my defense for case #08CR700204-200 in the Fifth District Court of North Carolina, Judge John C. Carroll presiding. The charges against me were violations of NCGS 20-111.1(1) - no registration; NCGS 20-313(A) - no proof of financial responsibility/insurance; and NCGS 20-183.8(A)(1) - no inspection sticker, two counts of each. I had been stopped on January 19th and February 10th and charged with the same offenses. According to Judge Carroll, I was looking at up to $810.00 in fines and nearly two years in jail. It is worthy of note that I have been traveling the public highways for over a year without any titles or other contractual do***entation on my automobiles. I appeared before the District Judge on March 20, 2008, for the initial appearance hearing. At that time, my trial date was set for April 17th. I stood "mute" at that hearing in response to the ADA's calendar call, although he had only given four options: Motion; Attorney; Guilty; and Not Guilty. Afterwards, I made four written filings to the clerk: Notice of Objection to Jurisdiction, Demand to Dismiss, and Demand for a Jury Trial; Demand for a Speedy Trial; Memo in Support of Demand to Dismiss; and Brief in Support of Demand to Dismiss; about fifty pages in all.

To be continued

[dorkenbutt]

Continued from above

At the trial on April 17th, I was called forward by the judge and asked if I would be needing an attorney. When I told him I would be acting on my own behalf, he asked, "You do know what they call a person who represents himself?" I said, "Yes, Sir. He has a fool for a client." I wish I had added that the "Lawyer-Client Relationship" is defined as the "representation of one who is incompetent, retarded or insane." I may be a fool, but I am not an idiot. I added that I was not "representing myself because I was myself. When asked how I would plead, I again said, "I stand mute, your Honor." Judge Carroll replied, facetiously, "Was that 'moot'?" I responded, "M-U-T-E". Judge Carroll stated that was not one of my choices. I either had to enter a plea of "Guilty" or "Not Guilty". I continued to "Stand Mute". He advised me that there could be no trial if I did not enter a plea. I informed him that in my opinion entering a plea would grant jurisdiction over me to the court, and I would only "Stand Mute"; since it was my understanding such a position did not grant jurisdiction; and my entire argument was based upon lack of jurisdiction. He then told me the court had jurisdiction, to which I responded, "Are you assuming jurisdiction or can you prove jurisdiction?" He said, "You're not going to make a mockery of this court. There are 600 cases waiting downstairs of which yours is one, and you come in here and think you have all these rights…..Well, you do have rights; but the court has jurisdiction, so either you enter a plea or you're going to jail."
I countered with my continued objection to entering a plea, and the judge said to me that if I was having trouble understanding him he had been to Iraq for a year, and if it would help he could speak some Iraqi for me. (Judge Carroll is a NC National Guard Lt. Col., and spent almost twelve months in Iraq with the Army JAG last year amidst great local fanfare and publicity fighting in an illegal, unconstitutional war.) I then said, "You were in Iraq thinking you were fighting for our freedom, but you were wrong. I stand before you today to defend my freedom and rights in my own country."

[dorkenbutt]

Here is the last of the success story.

He followed up with, "It says here you are a retired Lieutenant Colonel. You've been around for a while. Which branch?" I answered, "Yes, I've been around the block a few times. I was Army Infantry and Air Force." "How long were you in?", he then asked. I replied, "23 years, but I don't accept any retirement pension or benefits; and I have declined any Social Security benefits. I refuse to grant any jurisdiction by accepting a pension and becoming a 'US Person'." He said, "A lot of people come in this court who are not US citizens, and they enter a plea." (This is true. We have a huge number of illegal aliens in North Carolina.) I responded, "There is a lot of difference between a US 'Person' and a 'citizen'", but he apparently didn't know the difference.
I continued to "Stand Mute", telling him that my case was totally based upon the court's not having jurisdiction over me unless I volunteered it; and I had no intention of entering a plea voluntarily. He then surprised me by saying to the bailiff, "Take him to jail." The bailiff took my arm and began to guide me away. I paused to hand my file folder to my son who had come forward on previous instruction to take it. I turned and requested Judge Carroll to allow me one more question, which he did. I asked if I was being jailed because I was in contempt of court. He said I was in contempt and that was why I was going to jail. I asked, "If I enter a plea of 'Not Guilty' under threat of going to jail if I don't, will you accept that?". He said, "Yes. You would not go to jail." So, I entered a plea of "Not Guilty under threat of going to jail if I don't", and he was fine with that.
"Now we can have a trial", he said. I moved back to my seat in the gallery, thinking we had to wait for my notices and demands to be heard and for a jury to be set, when the judge motioned for me to come back up front to the defendant's table. I did so, and asked if we were going to have a trial then and there. When he told me that was correct, I reminded him I had filed a demand for dismissal and a notice of objection which had not been heard. He said he had read my briefs and was denying my demands. When it became clear to me that we were moving forward with a bench trial, I demanded to know where my jury was. I was told that one does not get a jury in a district court criminal trial, but only in a civil trial. He said I could appeal the ruling of the court to superior court after I was found guilty, and then I would get my trial by jury. While I didn't agree with that, we moved forward over my objections.
As the ADA was preparing to try me, the judge said, "My advice to you, not that you think you need my advice, is to bring a lawyer with you the next time you come to this court and read up on the statutes." I replied, "Your Honor, lawyers don't practice the same law as I do, and I have already read the statutes."
The ADA introduced the case, stating my charges, and called his first and only witness, the trooper who had given me the first set of tickets. Nothing was mentioned about the trooper who had issued the second set of citations, and I intended to hold that omission until later in the trial; nor was he in the courtroom. Trooper B.R. Phillips took the witness stand and testified in response to the ADA's questions concerning my stop and my behavior during the stop. He stated he had noted my license plate was "plastic" with green trees on it, but it was not a State-issued plate; so he pulled me over at around midnight on January 10th on what he termed a "State road", but which in reality was a federal highway. He testified that I had immediately begun to tell him that he had no jurisdiction to pull me over, and that his laws did not apply to me, only "the defendant's law applied to him", he said. The judge then asked him if he had asked me if I were from another planet. The trooper said, "No." "Well, did you ask him if he was from Pluto?", asked the judge. Trooper Phillips said, "No, Sir." "Did you ask him if he spoke English?" the judge inquired further. "No", said the trooper.
Changing directions, the judge then asked, "Did he have a weapon in the car?", to which the trooper replied, "Yes, but he didn't tell me right away. Only after a few minutes into our conversation did he tell me had a weapon, and he apologized for not having told me sooner, saying he had forgotten about it." "Was the gun registered?", asked the judge. "No, Your Honor. It did not turn up in the database." The ADA then sat down, and the trooper returned to his seat in the jury area. I asked whether or not I was going to be allowed to cross-examine the witness, and the judge told me, "Not in this court". I objected.
Without a doubt I was going to be found guilty and sent to jail for the maximum sentence. But, after a brief pause, and without allowing me to produce any evidence or witnesses or to argue my position at all, Judge Carroll then said, "Mr. Sullivan, you are 'Not Guilty'."
I said, "Did you say 'Not Guilty'?" "Yes, I have ruled you are not guilty. Have a good day, Mr. Sullivan." I was dumbfounded. My son rushed forward to gather me up, and we left the building. I said, "What just happened?" He said, "You won. You're not guilty." To which I responded, "Would the word 'enigmatic' be appropriate for what just happened?" He said that was a perfect word.
Putting our heads together, It may have been that Judge Carroll realized that nothing he did during that trial mattered a tinker's damn after I had been forced under threat and duress to involuntarily grant jurisdiction to the court. Further, in this state, the accused has a right to a trial de novo by appealing from District Court to Superior Court; and the result from the district court would have been overturned anyway. Regardless, for whatever reason, this acquittal was a major victory in my book, and, "ONE SMALL STEP FOR MAN. ONE GIANT LEAP FOR LIBERTY."

I asked the bailiff as we were leaving the courtroom if an order would be issued for my trial. She told me that it would and that I could probably pick up a copy the next day. I did that very thing and put a copy in each one of my vehicles in case this traffic stop situation ever repeats itself. This win sets a huge precedent to me and vindicates all these months of my efforts to get arrested. My cars have had a Confederate flag license plate on the rear with "PRIVATE PROPERTY" tattooed over it with my personalized "No to Israel" plate on the front for most of the past year, and Ron Paul stickers on the bumpers. I also had magnetic signs on at times which said, "PRIVATE PROPERTY/NOT FOR HIRE" and "STOP/DELAY THIS VEHICLE AT YOUR OWN RISK" just to make sure I got their attention.

NOTE: My grounds for lack of jurisdiction were as follows:
1. The stops took place on federal highways, but the testifying officer was careful to state that the stops were on a State road which is congruent with the federal highway;
2. Lack of due process in the service of the "summons and complaint";
3. The State was a party to this action, so the original jurisdiction was with the SCOTUS;
4. No probable cause since the elements of the citations did not constitute a "threat to public safety" (State v. Ivey, NC Sup. Ct., 2006);
5. My vehicles do not have titles, so are non-jurisdictional, non-commercial "private property" protected by the state and federal constitutions and not subject to state jurisdiction unless a common law crime has been committed; and,
6. "The right of a citizen to travel upon the public highways is a common right, but he exercise of that right may be regulated or controlled in the interest of public safety." Honeycutt v. Scheidt, 254 NC 607 (As quoted in the "Uniform Driver's License Act" aka, NCGS 20-16, Annotated).

[Steel]

If you notice this judge set the man up to win, it was up to the man to stay in honor.

My experiences (many) have been that Judges will set you up to win, you tend to be your own worst enemy,
I have had strong urging from Judges to steer differently than I was heading and had favorable outcomes listening and not speaking.

[ezrhythm]

HAHA!!! YES!!!

CARTWHEELS DOWN THE HALL!!!

[FIREWORKS] BOOM!!! BOOM!!! BOOM!!!

PARADE AND FANFARE!!!

CONGRATULATIONS!!!

Not only is it a GREAT success but the story was suspenseful too!

Never heard of a judge to just come out and say, "You're not guilty".
Way beyond kewl!!!

WOO HOO! ALL RIGHT! OH YEAH!

Woe to all YOU anti sui juris attorneys who would have not got this case dismissed!!!

[Sapiens]

He advised me that there could be no trial if I did not enter a plea.

This is critical to comprehend! The judge is right that his court has jurisdiction of the matter at hand, but not of the "defendant"(careful here since you are not a defendant, until you agree to it in an Administrative matter) until the party consents to the court's jurisdiction.

[jeagas68]

Originally Posted by Steel

My experiences (many) have been that Judges will set you up to win, you tend to be your own worst enemy,
I have had strong urging from Judges to steer differently than I was heading and had favorable outcomes listening and not speaking.

He is quite an interesting character, this guy is an older man and said "White people don't listen to well" , referring to the trooper that pulled him over.
Eastern part of North Carolina where he lives has a long fruitful black American historical heritage full of interesting stories just like that.

[farmer_giles_of_ham]

My reduced take on all this is that the plea of "not guilty under threat, duress and coercion" did the trick. That was about all that was needed, since indeed the man entitled to a new trial in a court of record anyway.

pretty cool!