Traffic Ticket Question

[Shoonra]

Considering the charge was "vehicle unattended", the meter maid (or cop or whoever) did not get to ask the driver her name, but the name was found by searching the database of license tags.

[Friendsplacect]

but the name was found by searching the database of license tags.

She didnt have her license on her at the time

[KITCHIE]

You need to know you are going to be setting the permanent court record when you dispute their claim. The most important thing is the PROCESS not the issue stated on the ticket.

Take a good close look at the ticket where the Officer signed his name. Read very carefully what it says above his name. Because I have a feeling the citation is invalid on its face.

Also go look up the process for issuing citations and check out how the Officer is to sign the citation. You will see that it says **under oath before a magistrate or subject to penalties of perjury**

The ones that discover this will find the court doesn't have a lot of hope. And since you reserved your rights... I believe this will just disappear.

Now another thing to remember is that the court will not have jurisdiction because there is no affidavit to support the complaint. The officer failed to properly sign the ticket and there is no affidavit to support the initial complaint so they have no subject matter jurisdiction.

Happydays to all

Kitchie

[cdsea10]

excellent info... the box with his signature has no writing... it just says 'OFFICER'. i will look the other info up when i get home and research.

i imagine they will try reservice and should be there when i get home tomorrow and r4c with 3-501.

went to research 3-501 and found this excellent 2004 sui juris thread that has so much powerful info on use of ucc.. i just discovered william dixon's book last week doing a net search for another ucc section look up....
http://www.suijuris.net/forum/taxati...c-3-501-a.html
thanks for everyones input... no liabilty given, no liability assumed... sovereigns exploring their unalienable rights... Charles Sewell

[Shoonra]

Today (August 21st) the MSN website included an article on Traffic Ticket Myths. It's worth reading ...

http://articles.moneycentral.msn.com...cketMyths.aspx

The myth that I see most often on this forum is about refusing to sign the traffic ticket.

Signing is not an admission of guilt, merely acknowledging that you received the ticket and promising that you will appear in court on the scheduled date.

If you refuse to sign (or you add words that indicate that you really won't show up in court on the scheduled date) the cop can take you in right then and there and you'll be in a courtroom within a few hours. And having indicated that you don't take the court date seriously may be interpreted by the judge that you won't take a mild punishment seriously either.

[robhalford88]

Originally Posted by Shoonra

Today (August 21st) the MSN website included an article on Traffic Ticket Myths. It's worth reading ...

http://articles.moneycentral.msn.com...cketMyths.aspx

The myth that I see most often on this forum is about refusing to sign the traffic ticket.

Signing is not an admission of guilt, merely acknowledging that you received the ticket and promising that you will appear in court on the scheduled date.

If you refuse to sign (or you add words that indicate that you really won't show up in court on the scheduled date) the cop can take you in right then and there and you'll be in a courtroom within a few hours. And having indicated that you don't take the court date seriously may be interpreted by the judge that you won't take a mild punishment seriously either.

Still threatening and intimidating I see, Shoonra? It must suck bigtime knowing that you weren't good enough to practise, only good enough to work in the library and help the 'real' lawyers.
Poor Shoonra, relegated to threats and intimidation on the internet.

[Dillon Hunt]

Whenever I sign any bill of exchange/traffic ticket I just tell the officer I will be appearing by special restricted appearance only, as there are two types of appearances by law and tell the officer to note that on the citation.

I change the nature/terms of the promise to appear by telling this to the officer.

I can also notice the officer later by mail if he will not note the citation.

The answer/notice to the officer is actually an appearance, but an appearance is not necessarly an answer.

I always put special restricted appearance upon any letters sent to any government official.

I always ask for the orginal/first page of any citation/presentment/bill of exchange so later if necessary I can ask why he kept the original presentment that I requested to keep.


Dillon

[Dillon Hunt]

The traffic citation meets the definition of a bill of exchange. It's a bill if I choose not to go to court.
If it is a bill I want the original so as not to dishonor his presentment.

The promise to appear is modified by my oral instructions to the officer. An oral contract if you will.

There are only two types of appearance, special or general. I choose Special only.

I am the master, he is the servant, Right?

I just Notice the officer orally and later on paper again if necessary.

DH

[Livefire]

Michigan law DOESNT require anyone to sign a traffic citation.....as a matter of fact only the issuing officer signs it under penalty of perjury. Dont know why the other states bother with it. If you dont either pay or appear in court they suspend the "offender's" license.

[Shoonra]

General advice: When you receive a traffic ticket, whether or not you sign it or are required to sign it, take it seriously ... show up in the indicated court on the indicated date.

Not showing up can, at least in some jurisdictions, lead to a bench warrant being issued for you, or the judge automatically suspending your license immediately. which could lead to another ticket.

And, I shouldn't have to tell this to anyone, but I have heard enough stories from different traffic courts: If, for any reason, you don't have a current and valid DL, do not drive yourself to the traffic court!