Jason's recent court victory for Traffic ticket

[Paul88]

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The story:


The story:


I showed up for court well dressed and ready for action. The Judge handling the traffic citations called my name first because he most likely figured that I was not going to show up because the matter was over 100 miles from my house. Anyhow I simply raised my hand and looked at him in the eyes and he then knew at least that someone was there for the matter. Then the Judge called 10 or so people up to the bar (did not ask anyone to pass it which was odd) and told every one that they had 3 options guilty, not guilty, or no-contest (whatever). It just so happened that I was the last in that group of 10 and when the Judge arrived at me this is basically what I stated:


Good day your honor. I am here TERTIUS INTERVENIENS regarding this matter and am not here to enter a plea at this time. There are however a few things that I must address:


1. Will you take judicial notice of your oath of office? The Judge was shocked but said yes. I said thank you. (Establishing contract law.)


2. Your Honor since there may exists a presumption that I am the surety or accommodation party for the defendant and it is my further understanding that you have not had proper time to read and review the paper work filed in the court in support of me being here today, I will ask that the prosecution file a "Verified Complaint" pursuant to California Penal Code '' 740, 853.9(b), 949, and Vehicle Code ' 40513(b). (It looked like the Judge was saying "Oh my god what a mess")


In response to the above the Judge asked "Do you have a "citation"? My response was "Are you asking me if I have a copy of the contract to show up and be here today?"


The Judge then said "Mr. Whitney, the citation is on a form approved by the Judicial Counsel of the State of California and it is your complaint.


My response was: I am not disputing that the "citation" is on a form approved by the Judicial Counsel of the State of California. However I will Conditionally Accept for Value that the "citation" is a complaint upon proof of claim that it is sworn under oath by the charging party.


The Judges response was why don't you have seat Mr. Whitney.


My response, "I will choose to sit down now." (Not taking any orders from the Judge but respecting his request and still following my own order "I will choose to sit down now.)


After the court house was cleared they called my case again and the Judges tone had change 100 percent. He was not cheerful and stated "Mr. Whitney (Which really is not my name) this court will honor your request for a verified complaint to be filed and shall put the request in with the prosecution." The Judge then further stated "Mr. Whitney" technically you are not supposed to serve me with your paperwork (I did not. I filed it with the clerk for to get my weights on the scale but did not want to


argue.)


I then said "Your Honor I came prepared today with copies to serve the DA. Do you mind if I perfect service at this time?


The Judge said "Go right ahead."


So I then smiled at the DA and said "You have been served."


The Judge did flip through my paperwork and as a curtsey stated to the DA. "If I were you I would carefully read Mr. Whitney's paperwork for I believe there are some issues that need to be addressed--paperwork of this sort usually does."


Lastly, the Judge stated if the complaint is not verified then my case is dismissed.


The End.


&


The Bond:


PRFCIPE FOR MANDATORY JUDICIAL NOTICE OF LETTER OF UNDERTAKING (BOND), AND AFFIDAVIT IN SUPPORT, BY Jason Allan Whitney?) by Special Visitation [Special Appearance] There appearing no bond of record to initiate the matter regarding Case #B3005425-4 and associated account(s), I, Jason Allan Whitney?), undertake as follows:


WHEREAS: There exists no lawful money of account in circulation in this State; and,


WHEREAS: The Undersigned has suffered dishonor regarding the


matter of Case #B3005425-4 hereinafter this Case and


associated account(s);


NOW, THEREFORE, AND IN CONSIDERATION THEREOF: As concerns this Case, the Undersigned, Jason Allan Whitney, hereby undertakes as follows, and underwrites, i.e. bonds, with the Undersigneds private exemption, i.e. Exemption Identification Number


621013857 (prepaid account, Department of the Treasury), any and all losses, costs, and charges, as well as any and all obligations of performance associated therewith, sustained by THE PEOPLE OF THE STATE OF CALIFORNIA; SUPERIOR COURT COUNTY OF FRESNO, STATE OF CALIFORNIA, and, where appropriate, the respective citizens thereof, as well as any bench officer in this Case who, after taking mandatory judicial notice of contract, and any evidence of violation/ breach of any contract thereto appertaining, acts in judicial capacity and issues a judicial decree (in contract law) pursuant thereto.





July 6, AD2003





Respectfully submitted,





Jason Allan Whitney


-------


Notice of Lodgment of "Acceptance For Value"


This was the "Citation" and the Curtsey Notice which was stamped "Accepted for Value and Returned for Value, Discharge, Settlement and Closure of Account upon production of a "Verified


Complaint This is my solemn act and deed., then signed in red


ink.


Notice of Lodgment of UCC Financing Statement Labeled as such just to get it in the record.


Affidavit of Jason Allan Whitney by Special Visitation [Special Appearance]


This affidavit is very similar to the one found on the site that I put together a year or so ago which can essentially be found in CTC 3. The additions were some text which you will find below.


5. Affiant has neither seen nor been presented with any


evidence and likewise any material fact that demonstrates or


proves that the Undersigned was operating a motor vehicle or a


vehicle in Fresno County, California and NOT a private for


pleasure automobile and believes that none exists.


6. Affiant has neither seen nor been presented with any


evidence and likewise any material fact that demonstrates or


proves that the Undersigned was driving in Fresno County,


California and NOT a traveling in Affiants private for pleasure


automobile and believes that none exists.


Memorandum of Law.


MEMORANDUM


1.Comes Now Jason Allan Whitney?), hereinafter the


undersigned , Sui Juris, by special visitation [special


appearance], who is unschooled in law and asks that the court take Judicial Notice of the enunciation of principles as stated in Haines v. Kerner, 404 U.S. 519, wherein the court has directed that those who are unschooled in law making pleadings and/or complaints shall have the court look to the substance of the pleadings rather than the form, and also hereby makes the attached memorandum, including the related documents attached herewith, in the above-referenced case.


2. The Undersigned hereby files with this Honorable court a


Memorandum in support of my rights, and this action is not to be construed as making a general appearance.


3. The Undersigned has neither seen nor been presented with


any evidence and likewise any material fact that demonstrates or proves that the Undersigned, pursuant to well-established law that a party summoned can appear specially to challenge the Courts jurisdiction and believes that none exists.





A


special appearance is made when the defendant appears in court for sole purpose of objecting to lack of jurisdiction over


his person without submitting to such jurisdiction. Titus v.


Superior Court, 100 Cal.Rptr. 477, 23 C.A.3d 792.


4. The Undersigned has neither seen nor been presented with


any evidence and likewise any material fact that demonstrates or proves to the contrary that the Undersigned has submitted to the Courts jurisdiction, asked for relief of any kind, or plead to any charge whatsoever and believes that none exists.


5. The Undersigned has neither seen nor been presented with


any evidence and likewise any material fact that demonstrates or proves to the contrary that the filing of this Memorandum is not established in good faith, for the prosecution, whoever this party may be, wishes to prosecute the Defendant, shall file a verified complaint as required under the California Penal Code '' 740, 853.9(b), 949, and Vehicle Code ' 40513(b) and believes that none exists.


Penal Code '740. Except as otherwise provided by law, all misdemeanors and infractions must be prosecuted by written complaint under oath subscribed by the complainant. Such complaint may be verified on information and belief. [Emphasis added]


Penal Code '853.9(b) Notwithstanding the provisions of subdivision (a) of this section, whenever the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed.


[Emphasis added]


Penal Code '949. The first pleading on the part of the people in the superior court in a felony case is the indictment, information, or the complaint in any case certified to the superior court under Section 859a. The first pleading on the part of the people in a misdemeanor or infraction case is the complaint except as otherwise provided by law. [Emphasis added]


6. The Undersigned has neither seen nor been presented with


any evidence and likewise any material fact that demonstrates or proves to the contrary that if the prosecution is devoid of a verified complaint, the Honorable Court can have a valid charging instrument that the defendant may enter a plea to and believes that none exists.


7. The Undersigned respectfully declines any offer to be heard


by a Judge Pro Tem, which should not be construed as a general appearance.


8. The Undersigned has neither seen nor been presented with


any evidence and likewise any material fact that demonstrates or proves to the contrary that the Undersigned is not respectfully asserting his rights pursuant to California Constitution Article 6, Section 21, which states:


On stipulation of the partys litigant the court may order a cause to be tried by a temporary Judge who is a member of the State Bar, sworn and empowered to act until final determination


of the cause.


9. The Undersigned has neither seen nor been presented with


any evidence and likewise any material fact that demonstrates or proves to the contrary that the following is not valid re the case of In Re Courtney H. (App. 1 Dist. 1995) 45 Cal.Rptr. 2d 560, 38 Cal.App.4th 1221 the Court stated in part:


If commissioner is given authority to act as temporary Judge, commissioner must also obtain proper stipulation of partys


litigant in order to preside over specific proceeding.


[Emphasis added]


Dated: July 8, 2003 Respectfully submitted and signed





without prejudice by,





Jason Allan Whitney?)</FONT>

[starr747]

Can you send that judge to Georgia please

[weishaupt1776]

you could just use the same rules

The "verified complaint" in Cali is what is also known as an "information" in The Criminal Rules of Procedure in other states

[Friendsplacect]

The "verified complaint" in Cali is what is also known as an "information" in The Criminal Rules of Procedure in other states

I was told by a Public Defender that an "Information" is a summons/complaint by a Police Officer or a UAR (Uniform Arrest Report).

[weishaupt1776]

Originally Posted by Friendsplacect

I was told by a Public Defender that an "Information" is a summons/complaint by a Police Officer or a UAR (Uniform Arrest Report).

check your rules of crim proc & see if a ticket fits that criteria

[Friendsplacect]

I believe it mentions a sworn affidavit. When looking at the docket of my girlfriends case on that courthouse I was shocked to see how little was actually in the docket folder. I didnt even see a Police report. Do they have papers in other places at the Court that I cant access?

HAs anyone here asked for a Verified Complaint and actually got one?

[ezrhythm]

Now THERE's something that just AIN'T gonna happen!

[Friendsplacect]

Now THERE's something that just AIN'T gonna happen!

Then the question becomes, Why Not?

I looked into the procedure for my State and it didnt mention an affidavit, so I guess I was wrong about that, here it is;

Sec. 36-11 Information and Complaint ;Use
All felonies shall be prosecuted by information. All misdemeanors, violations, and infractions shall be prosecuted by information or complaint. In all jury cases, and in all other cases on written request of the defendant, the prosecuting authority as of course shall issue an information in place of the uniform summons and complaint.

36-12 Issuance of Informtation
An information shall be signed by the prosecuting authority. When any person is arrested without a warrant or is issued a summons, the prosecuting authority shall, without necessary delay, review the acts of the complained of and determine whether it appears that there is reasonable cause to believe that an offense has been committed within the jurisdiction of the court and that the person arrested or the person to whom the summons was issue comitted the offense. If the prosecuting authority determines that reasonable cause exists, it shall, in cases where an information is required, present information to the court pursuent to 36-11. If the prosecuting authority determines that reasonable cause does not exist, it shall not present the matter to the court, but an entry shall be made on the case papers indicating that prosecution was declined upon authority of this secition, and a brief statement shall be made in open court. For purposes of erasure pursuant to the General Statutes, that action shall be deemed dismissed.

36-13 Form of Information
The information shall be plain, concise and definite written statement of the offense charged. The information need not contain a formal comencement, a formal conclusion or any other matter not necessary to such statement.Allegations made in one count may be incorporated by refrence in another count. It may be alleged in a single count that the means by which the defendant comitted the offense are unkown by one or more specific means. The information shall state for each count the official or customary citation of the statute, rule, regulation, or other provision of law which defendant is alleged to have violated.
The information may also contain;
1) the name of the court in which it is filled;
2) Then title of the action;
3) The name of the defendant;
4) A statement that such crime was committed in a particular judicial district or geographical area, or at a particular place within such judiical district or geographical area; and
5) A statment that such crime was committed on, or on or about, a particular date or period of time.

[weishaupt1776]

Originally Posted by Friendsplacect

I looked into the procedure for my State and it didnt mention an affidavit, so I guess I was wrong about that, here it is;

Cool, but if you look further into what constitutes an information/complaint (same thing), it should say that it must be sworn/verified, etc . . .

So it is like an affidavit in a way

[mrg]

TYPICAL LANGUAGE IN AN INFORMATION

"It appearing to me that the offense under consideration has been committed as charged, I find that there is sufficient cause to believe that the within named John E. Doe is guilty. I hereby order that the defendant be held to answer to the same, and the case be bound over for trial.

______________________(signature) Judge

http://faculty.ncwc.edu/toconnor/arraignments.htm

There is a clear presumption of guilt. Therefore the concept of innocent until proven guilty in a court of law is folk mythology at best.

In fact the term “defendant” clearly states that one is not "the accused," as per Amendment VI, but has been convicted and is being "held to answer" to the conviction of the judge, and is defending against the consequences of conviction without a trial, otherwise, one would be in a trial as “the accused” rather than already convicted and declared as “defendant.”



http://www.suijuris.net/forum/articl...ure-cause.html