Ticket Slayer Victory?

I had a "speeding ticket" case in which in the name of science I tried Ticket Slayer.I did the Affidavith of Truth withe the pro and clerk per instructions.I tried to file the notice of default and three day to cure.The secretary for the prosecutor not only would not allow me to file but also would not let me in the building or give me the policy which they claimed would not allow me to file the paperwork or even initial refuse to sign on the doc.Immediately i went to the clerks office(clerk hiding) no clerk in sight.I decided to wait in the hall by her office.Someone from Human resources offered to time stamp them,Before i handesd them over i wrote prosecutors office refused to take thses docs.She time stamped them and i kept a copy and left one. I figured i was going to be bum rushed by them so I filed a motion for a continuance.Motion denied.I went to the court there were about 10 others in court in that group.The judge entered took roll call and said juries were on the next floor waiting for the trials then stated she would be back later.Immediately the prosecutors started to make deals.I had my marc Stevens questions and ticket slayer docs i filed.I was thinking to myself,just try to make a deal with me.No such attempt occurred.They made deals with 7 of the 10.The judge went over the deals cut first.Then they called the remaining 3 next,one by one.The first two they read the charges and dismissed.The judge called me to the front did not read the charges,she just said case dismissed and held out the decision for me to take from her hand.I made no effort to move,i looked at her and said is it dismissed with prejudice,she looked at me and said yes.I took the paper and said thanks and left.Like i have read from Weis and others,they won't say ok we give up you defaulted us they just tank it with as little witnesses as they can get away with.I have two other cases left i am going to use them in one in a lower court,the other is an appeals court De Novo (like it was new in laymans terms or necer happened.I thank god this victory and weis and others whose posting on this forum gave me hope in trying it out.

[Livefire]

Congrats!

You heard those 2 wonderful words....CASE DISMISSED!!! BTW if the prosecutor or his secretary wont accept your documents, have a 3rd party act as your process server and have them served. The affidavit of service will stand as proof in court that he/she was properly served! The court clerk by law HAS to accept any docs you present for filing. They dont have the authority to reject them unless there is an order from a court of competent jurisdiction or statute authorizing such action. I will see how I fare in my upcoming action and let everyone know how I fared! We just have to stand by our guns and have an understanding of our paperwork and be able to defend it!

[Jerseee]

Livefire--here here!!! ;-)

congrats Mr Nuetron!

Your confidence level should be soaring right now. Use this moment to remember what happened and try to squash those attempts the next time they try it.

the next time they refuse to file anything---bring a notary along with you. Nothing like having a public official witness treachery first hand.

[Livefire]

Jerseee,

Im just stating my personal experience. I am dealing with a traffic citation alleging that I rolled thru a stop sign. I demanded a formal hearing and discovered who represents the village in contested traffic cases. I didnt wait for a notice from the court giving me a hearing date/case number. I prepared the TS paperwork and sent the first round to the attorneys office. That dude refused to go pick the package I sent certified mail and it was returned after 2 weeks by the post office! I then had a buddy become my process server and he served them all the paperwork. I filed the copies at the courthouse after he served and provided me with affidavits of service.

When I filed my NoD with the criminal division clerk, she stated she didnt understand what the paperwork was and stated that the court wasnt in default! I calmly asked her to please just file a copy with the ticket, which she reluctantly did. The following visits to file the MTD, and the Writs proceeded perfectly with the other clerk on duty that day. Its been over 2 months and Im still waiting for a court date! I may have to motion for a speedy hearing, MI court rule allows 180 days. Between now and then, Im gonna study, study, then study some more so Im armed to the teeth when I face the black robed attorney.

Another reason to organize in like minded groups.....witnesses and people to becomed informed notaries when we need to execute remedies!

[Akira]

Originally Posted by Mr Nuetron

i looked at her and said is it dismissed with prejudice,she looked at me and said yes.

If you case was dismissed with prejudice you are entitled to be paid damages/costs, for having to defend against the frivilous suit.

Be sure to submit a concise itemized list of damages so you can be compensated !

Include lost wages, doc preparation costs, travel/mileage expenses... anything and everything !

Great job !!


For HIS Glory,
Akira

[Livefire]

Akira,

I just received my notice to appear in the mail today. The formal hearing is set for January 26th. I noticed that the PA for the village's name didnt appear anywhere on that document....just the officer who cited me as the complainant. The PA and the court received the TS Final default, MtD, and the Writs of Praecipe and Mandamus about a week or so ago. The exact statement on the notice is this...

You are hereby directed to appear at the court address above, courtroom on January 06, 2006 at 1:15 PM for the purpose of formal hearing, and motion to dismiss.

Defendant LIVEFIRE

Complainant OFC DOENST HAVE A CLUE, OXFORD PD


A formal hearing under MI rules has the attorney appearing for the municipality and I have that right as well (informal is cop v "driver" no attorneys allowed) My buddy I told you about earlier this year had the lawyers name appear on his notice. Any thoughts???

[Jerseee]

Livefire,

I'm just backing up your position--not challenging you. ;-) "here, here" is what they used to shout back in the day when someone in the crowd would agree with the speaker. ;-)

Originally Posted by Livefire

Jerseee,

Im just stating my personal experience. I am dealing with a traffic citation alleging that I rolled thru a stop sign. I demanded a formal hearing and discovered who represents the village in contested traffic cases. I didnt wait for a notice from the court giving me a hearing date/case number. I prepared the TS paperwork and sent the first round to the attorneys office. That dude refused to go pick the package I sent certified mail and it was returned after 2 weeks by the post office! I then had a buddy become my process server and he served them all the paperwork. I filed the copies at the courthouse after he served and provided me with affidavits of service.

When I filed my NoD with the criminal division clerk, she stated she didnt understand what the paperwork was and stated that the court wasnt in default! I calmly asked her to please just file a copy with the ticket, which she reluctantly did. The following visits to file the MTD, and the Writs proceeded perfectly with the other clerk on duty that day. Its been over 2 months and Im still waiting for a court date! I may have to motion for a speedy hearing, MI court rule allows 180 days. Between now and then, Im gonna study, study, then study some more so Im armed to the teeth when I face the black robed attorney.

Another reason to organize in like minded groups.....witnesses and people to becomed informed notaries when we need to execute remedies!

[Livefire]

Jerseee,

I knew you were giving me positive affirmation! Nuetron's post was encouraging and prompted me to add my "2 cents" worth. We will see on Jan 26th if this court I'm dealing with will act in lawful manner and dismiss with prejudice! Im wondering if the court is gonna try to get me to cop a plea with the cop, seeing that the PA for the village isnt listed on the notice. I think I'm doing something right.....cuz Im startin' to have some fun!

[idknow]

Originally Posted by Livefire

Jerseee,
[cut]

When I filed my NoD with the criminal division clerk, she stated she didnt understand what the paperwork was and stated that the court wasnt in default! I calmly asked her to please just file a copy with the ticket, which she reluctantly did. The following visits to file the MTD, and the Writs proceeded perfectly with the other clerk on duty that day. Its been over 2 months and Im still waiting for a court date! I may have to motion for a speedy hearing, MI court rule allows 180 days. Between now and then, Im gonna study, study, then study some more so Im armed to the teeth when I face the black robed attorney.
[cut]

it is NOT the job of anyone in a position of authority, elected or not, to "vet" or check on your work. Theirs is ONLY to file. This is the meaning of ``ministerial''

[Akira]

Livefire,

When a motion is taken seriously, the court will set up a hearing to discuss the motion. Give the clerk a call to verify that this is their intent.

I'm thinking they will either use the hearing as an opportunity to dismiss the case privately (away from the public eye)

or

since they have seen the paperwork before, may have concocted some other plan, to presume your cooperation/aquiesence, such as using the statuatory language of the motion to dismiss (as opposed to petition to dismiss). Be on guard !!

Prepare for the worst, but hope for the best !


For HIS Glory,
Akira