
11-05-2005, 12:36 AM
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another TRAFFIC COURT WIN!!!
been away for awhile but i return with good news. ANOTHER TRAFFIC COURT WIN!!!
no insurance, no tags, no drivers license
thanks for the PM's while i was gone its nice to have something to come back to and read. *grin*
taz:
RCSF= rules of court state and federal
the arguement is simple. there are many different parts to the argument that can be used as stand alone arguments but either way u pretty much piss on the PA. use the easiest part for you to remember, for me it's when they try you in traffic court the cop HAS to appear against you but cant because HE gave you the presentment to start with! rcsf states one cannot issue summons and appear in the instant matter. you win on that alone as now the PA has no witness. to break it down in order, as i have done it:
me: im here in special appearance, judge the pa is gonna call the cop what gave me the presentment, but thats a violation of the rules of court. [have the site ready and read it off] now as the pa has no witness there can be no case against me as i would ask/demand the cop be disquilified because of [cite] go no further. if he lets the cop take the stand have your man serve the cop and the pa come back an serve the judge later cos you cant serve a judge in open court with your federal complaint. they f**ked up big time an u caught them. do your paperwork in advance and study this for yourself
this aint a quick fix. you have to be able to think on your feet. they will try to punk you out. (been there done that) lol but learn from my past.
the first thing i did after special appearance, was to ask for seperation of presentments, the judge asked why and i told him i wanted to try each matter differently. granted, the first was no dl,...
judge ax'd me bout the ticket and i tol him the presentment is insufficient to stand as a presentment as the pa failed to sign it. the pa went into his bluff bout DO YOU WANT ME TO SIGN IT NOW...COS I WILL...i asked the court to have the pa expain why he's hollarin and who he's hollarin at the judge just smiled...then i said if the pa signs it it is over my objection as he had the chance to do so before the matter got under way. judge said dismissed
no insurance
i asked the judge to allow the pa to sign this one first, he did and the pa looked at me like WTF?!?!?!?! after he did all his talk, he tried to call the cop to the stand when he did i objected...the pa looked like he jus bit into a **** sandwhich, i gave the cite and asked that the cop be dissed as he can not serve process and appear in the instant matter...granted i smiled at the judge and asked him bout ppl that come into his court and do the constitution stuff and he looked like oh no not now...i grinned and said naw i just asked we laffed for a sec.
no tags the pa didnt wanna take the chance and chose not to prosceute i asked for prejudice and the judge looked ova at him and said with prejudice. it looks very ez, but i have been doin this for years an years and only this. and yes i had 3 different federal complaints ready to go, if needed. the judge wanted to see what i had he wasnt bein nice to me the pa looked like a fool and he knew it...it really rattled his cage to have this dirty lookin street talkin guy in tattered clothes come into his house and take ova. they size you up by what you look like, until you open your mouth...lol before you try this stuff you have to know it for yourself. have the cites in your head as well as printed out give a copy to the judge and to the pa. show them you got yo **** wired...there was more but this is not a court of record. it went so fast but im sure u git the gist of it. well thats all for now.
raz
Last edited by str8razor : 11-05-2005 at 01:15 AM.
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11-05-2005, 02:51 AM
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Banned User
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Join Date: Feb 2005
Posts: 2,117
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Kudos, congrats and ...
str8razor, Congratulations and thanks for the post, it lifted my mood after losing my car.
Now, while I understand the slack style in which you wrote the account, I would like to ask if you could rewrite this in good english style? <smirk>
It's a good post that should be required reading with added cites too. Obviously, in my case, i wasnt ready and I made mistakes and it cost me.
again, thanks very much.
your brother in christ idknow.
--
Quote:
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Originally Posted by str8razor
been away for awhile but i return with good news. ANOTHER TRAFFIC COURT WIN!!!
no insurance, no tags, no drivers license
thanks for the PM's while i was gone its nice to have something to come back to and read. *grin*
taz:
RCSF= rules of court state and federal
the arguement is simple. there are many different parts to the argument that can be used as stand alone arguments but either way u pretty much piss on the PA. use the easiest part for you to remember, for me it's when they try you in traffic court the cop HAS to appear against you but cant because HE gave you the presentment to start with! rcsf states one cannot issue summons and appear in the instant matter. you win on that alone as now the PA has no witness. to break it down in order, as i have done it:
me: im here in special appearance, judge the pa is gonna call the cop what gave me the presentment, but thats a violation of the rules of court. [have the site ready and read it off] now as the pa has no witness there can be no case against me as i would ask/demand the cop be disquilified because of [cite] go no further. if he lets the cop take the stand have your man serve the cop and the pa come back an serve the judge later cos you cant serve a judge in open court with your federal complaint. they f**ked up big time an u caught them. do your paperwork in advance and study this for yourself
this aint a quick fix. you have to be able to think on your feet. they will try to punk you out. (been there done that) lol but learn from my past.
the first thing i did after special appearance, was to ask for seperation of presentments, the judge asked why and i told him i wanted to try each matter differently. granted, the first was no dl,...
judge ax'd me bout the ticket and i tol him the presentment is insufficient to stand as a presentment as the pa failed to sign it. the pa went into his bluff bout DO YOU WANT ME TO SIGN IT NOW...COS I WILL...i asked the court to have the pa expain why he's hollarin and who he's hollarin at the judge just smiled...then i said if the pa signs it it is over my objection as he had the chance to do so before the matter got under way. judge said dismissed
no insurance
i asked the judge to allow the pa to sign this one first, he did and the pa looked at me like WTF?!?!?!?! after he did all his talk, he tried to call the cop to the stand when he did i objected...the pa looked like he jus bit into a **** sandwhich, i gave the cite and asked that the cop be dissed as he can not serve process and appear in the instant matter...granted i smiled at the judge and asked him bout ppl that come into his court and do the constitution stuff and he looked like oh no not now...i grinned and said naw i just asked we laffed for a sec.
no tags the pa didnt wanna take the chance and chose not to prosceute i asked for prejudice and the judge looked ova at him and said with prejudice. it looks very ez, but i have been doin this for years an years and only this. and yes i had 3 different federal complaints ready to go, if needed. the judge wanted to see what i had he wasnt bein nice to me the pa looked like a fool and he knew it...it really rattled his cage to have this dirty lookin street talkin guy in tattered clothes come into his house and take ova. they size you up by what you look like, until you open your mouth...lol before you try this stuff you have to know it for yourself. have the cites in your head as well as printed out give a copy to the judge and to the pa. show them you got yo **** wired...there was more but this is not a court of record. it went so fast but im sure u git the gist of it. well thats all for now.
raz
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__________________
I claim ownership of and accept responsibility for every word I have written; I cannot claim ownership for any quotes I have made, being the words of whomever I quoted, to whom I say `thank you'.
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11-05-2005, 01:00 PM
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traffic win
where did u find this in the rules?
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11-05-2005, 03:56 PM
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Come and Get Some!
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Join Date: Oct 2004
Posts: 1,685
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Taz, this is too cool. Congrats to you, you bad arse!!
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11-05-2005, 04:58 PM
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Come and Get Some!
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Join Date: Oct 2004
Posts: 1,442
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razor cut em hard and cut em deep!  I will be fighting a traffic ticket soon (rolling thru a stop sign) Im using the TS approach (defaulting the PA) but Im sure that info you have would be more ammo in my arsenal. Please share if you're willing!
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11-05-2005, 07:52 PM
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Holy jack rabbit, you be yankin the bell rope for ringin like da headless horseman on a pirate ship wif gravy on his beard.
WTH?
I applaud you for the win, but could you decipher the slang for me?
I really would like to know that court rule about serving process and being a witness in the instant action.
Pleeeeease?
Henry Franklin
P.S. (Are you talking about Rule 4 of Civil Procedure, which specifies that the process server cannot be an interested party?)
I looked in my local court rules, and couldn't find what you refer to there.
Last edited by HenryBowman : 11-05-2005 at 08:07 PM.
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11-05-2005, 08:42 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,322
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Man, i totally feel you str8.
Looks like these folk ain't had no hood time
However, do keep in mind that there so far have been 2 unbiased, reasonable folk who have made a respectful request next time you post
I'm psyched about your win. What flavor haagen Daz do you like?
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11-05-2005, 08:58 PM
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Quote:
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Originally Posted by weishaupt1776
Man, i totally feel you str8.
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You may want to re-word that. I ain't gonna comment further.

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11-05-2005, 09:46 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,322
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I knew that one was comin'
--whoops, i did it again
Should I shut up now?
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11-05-2005, 10:02 PM
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Sui Juris Moderator
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Join Date: Oct 2004
Location: Maine state
Posts: 873
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str8razor,
Great Job !
__________________
Akira = Akira-
Counselor in Law (student) - I live it, I don't 'practice'
No post is ever intended as 'legal' advice. Lawful perspectives discussed openly.
"Pro and Con are opposites, this is plainly seen.
If progress means 'to move forward', what does congress mean?" - Nipsy Russel
"It's not the will to win, it's the will to prepare to win." - Bobby Knight
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