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........ i already have 2 schedulled in two different cities in the same day(again,coincidence?)I thank my god and savoir for this.On sept 21 i will fill you all in on what happens then.
When you received the ticket how many cops were there? and did you have a pasanger? if you had a passenger w/u --- you have a witness that can say you were going the speed limit and that you had you cruise control on. You might also wanna procede w/ altering your contract (ticket) This is based on the following.....
I've never tried it. I heard of people that have and were successful....Me I have a self made driver's license. NOW that works wonders here in Arizona.
Good Luck and hope it helps.
Once a ticket is issued:
Sign it as follows:
Signature line: Put "without prejudice" above your signature. You have now reserved your rights in commerce under UCC 1-207 and the ticket is no longer any good (unless they decide they're going to continue to steam-roll over you). If the Cop questions you about this, just say (1) I'm not prejudiced against you because you're a police officer, or (2) this is the way I always sign my signature, or (3) this is my contract, not yours, and I'll sign it the way I want.
Weather you did or didn't sign it as above indicated:
When the Cop gives you your copy, take it and go home. Do not argue or give the Cop a reason to arrest you over a commercial contract that you can handle with a word processor.
It's your contract, so make changes to it, i.e., counter-offer of contract. Mark-out the incorrect information on the ticket, i.e., contract, and make the contract read the way you want it to read:
Date: "10-1-05" to "October 1, A.D. 2005"
Time: "10:30 am" to "10th hour plus 27 minutes in the morning"
Location: "500 block of Elm Street" to "Public Right-of-Way"
Name: "JIM L. SMITH" to "Jim-Ling, family of Smith"
Address: "123 Main Street" to "3rd white house on the north side of the public right-of-way"
City/State/Zip: "Dallas, TX 75201" to "Township of Dallas, on the soil of Texas, without the UNITED STATES"
Promise to appear in Court: strike through this line and initial it
Driver's License No.: strike through this line and initial it (the fiction has a license, not you)
Jurisdiction: "THE STATE OF TEXAS" to "the State of Texas"
Court: "in the City of Dallas Municipal Court" to "at the County Constitutional Court of Record for the People at the county of Dallas"
Speed: 57 on a 35 change to 37 on a ....
According to DMV which is probably true of all municipal courts in all states, the court obtains jurisdiction when an exact copy of the citation is entered into the court record, i.e., when you bring your copy of the ticket with you to court and give it to the bailiff so he can pull your file (the key words are "exact" and "copy", not "similar" and "original"). The judge looks at the file, sees both sides of the contract and sees that they are exactly the same, thus, he has jurisdiction. The city prosecutor is requesting summary judgment, so the judge gives it to them and sets the fine. By making the above changes to the ticket, you are preventing them from having an exact copy in their files, thus denying them jurisdiction.
See, there must be two witnesses to the facts in the case. The Cop is the first witness with his original side of the ticket. When you present the exact copy of the contract for the Court record, you just became the second witness. You witnessed against yourself, and if you have a passanger that would be a third.
Create a Notice stating that you are disputing certain items on the ticket. You state that "there are issues in the contract that have not yet been resolved". You state that you "refuse to be the second witness in the case". Now, there are not two witnesses to the facts in the case, i.e., the facts in the case are based on the Cop's original of the ticket which was placed into the record of the case. Because there aren't two witnesses to the facts in the case, i.e., the exact copy isn't there, the Court does not yet have jurisdiction.
Return the revised ticket, i.e., counter-offer of contract, back to the Mayor of the City (not the Cop because he's the low man on the totem pole; the Mayor is accountable and you'll get better results), along with the notice, within 72 hours, and preferably within 24 hours. Send the Municipal Court (1) a copy of the revised ticket and (2) a copy of the notice and (3) a copy of the certificate of mailing to the Cop, via registered mail through a Notary or any third-party. I personally would not go to Court, because I altered the contract stating that I wouldn't appear. If you go, you'll just be sucked into their jurisdiction and all of your effort was wasted. Let them notify you if they intend to proceed after you didn't show-up.
Attached please find a copy of a sample letter and a copy "The right to drive"
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Nuke Em Softly!
