How to use your state's APA

[Leiahi]

Thanks Livefire.

Can you imagine a poplulation of near a million, dwindled to 40,000?
The Third king "did" return the sovereignty to the people....fact, not fiction.
The US cut a deal with the Queen, then jailed her for signing for other soverans, took over, and here we are, still.......un-recognized.

My pursuit is truth, and a work in progress.

There are five guys with their seals in tact, and waiting on Condoleeza right now. next up the Hague and the UN. The APA does have value.

[weishaupt1776]

A motion for Brady evidence should be filed because a defendant has the right to all exculpatory evidence whether or not the prosecutor believes it is exculpatory. In a Brady motion, one should ask for the evidence in the prosecutor's hands that the auto is a MV, the traveller is a "person," and that there is an agency final determination and request for judicial oversight in the file.
If this court proceeds in violation of those rules (issue of procedure) AND
without SMJ (issue of law), over your proper and timely objection you have
been denied "due process", both state and federal.

You then have several appeal-able issue of procedure and law, lack of
administrative due process and agency has not had a chance to exercise its original jurisdiction and make a determination of SMJ.

[weishaupt1776]

The Black Truth is just killin' it w/ APA stuff these days
http://www.fu.gq.nu/humvee.html
I remain humble

I never get pulled over in my car.I only get pulled over in a vehicle with a company Logo on it.It is in a service related industry i do not haul goods (trucker).Does this matter?Is this of no matter whether personal or a service providers vehicle because they did not follow administrative procedure.

[weishaupt1776]

It'snot that they haven't followed procedure

It's that they have not exhausted their administrative remedies which is necessary prior to judicial review for any executive branch agency

[weishaupt1776]

Step 1. Get a ticket. [Compare the ticket with the Form/format which
the ticket SHOULD have [according to the code sections which are
probably printed ON the ticket]. {Discover that a valid ticket and
whatever you got are two diferent things!}]

Step 2.a. IMMEDIATELY [as fast as your stubby little fingers can move
that crayon; within 72 hours, unless you are dead, dying, or blind!]
Request, in WRITING, mailed via Certified Mail, Return Receipt
Requested, a hearing from the State-level 'agency' which issued you
the ticket.

2.b. IMMEDIATELY mail a Request for Informal Discovery to the
Prosecuting Attorney Office. [Request everything that is or could be
"Brady" material {might help to READ Brady v Maryland USSC}]

3. NEXT DAY, get your eyes physically in front of the appropriate
ANNOTATED Codes and FIND OUT what you are dealing with [not what you
THINK you are dealing with! Fantasyizing ain't gonna WORK here.]. Then
find your State's Administrative Regulations [the next level DOWN from
the Codes] and FIND OUT how many to those Regulations actually apply
to you. [Photocopy them ;make ALL the logic connection among them.]

4. One of two things will happen; you will get a Hearing [nowhere near
'court'; don't go 'court' yet.] or you won't.

5. IF you don't get a Hearing, you have 'won' [agency violated Right
to Due Process; 'court' will NEVER have "jurisdiction".]

6. If you get a Hearing, go. READ aloud EACH AND EVERY Statute and
Regulation that you photocopied ['Hearing' is ORAL] into the Record.
Make a tape-recorded record for yourself [NO MATTER what they TELL
you!!!!] Make the 'agency' produce and enter into the Record [which
means they have to READ their stuff, too!] the Evidence against you.
Remind the Hearing Officer that if something does NOT appear in the
Record, he/she cannot consider it in making his/her Decision.

7. WAIT. Wait until you get in the mail a WRITTEN 'Agency' "Final
Determination" in the Matter of [you].

8. If you get a Determination you don't like, appeal it WITHIN THE
AGENCY. [By now, you should be into 2-3 months after the ticket date.]

9. If you get an appeal result you do not like, {NOW} take it to
'District Court' for 'judicial revue'.

Skip ANY step and you die, long and lingering death, the death to the
'ten-thousand paper-cuts'.

[weishaupt1776]

Step 1 - You are issued a ticket...


Step 2 - You fill in the facts section of your well researched Special Appearance.


Step 3 - Make Special Appearance in court denying jurisdiction


Step 4 - If dismissed, go home and prepare suit against the local municipality under the tort claims act for negligence because it failed to properly train the LEO. If not dismissed, hand the judge your Notice of Appeal requesting a stay of proceedings pending a ruling from the appeals court on jurisdiction.


Step 5 - If the judge decides to move forward, be prepared with your motion in limine and to get the answers to the questions, "What evidence do you bring that I am the person and that my personal automobile is the defined 'motor vehicle?'"


*

Once challenged must be proven. SMJ.

If the judge moves forward... and convicts.. w/o SMJ.


None of the merits of the case will matter.


It will not matter "What evidence", testimony or witnesses he hears and reads.


He lacked SMJ.

I think the*appeal should*be for a lack of administrative procedure.


Which is a violation of your due process right.


And the withholding of exculpatory evidence... (Order or final determination)

No, it is not a matter of a hearing... its a matter of records and forms.


*


All the court needs to acquirer SMJ is a "form". (Ref. Record Act; i.e.timely, accurate records.)


This form is generated by the agency.* The form is generated after all administrative procedures are completed in compliance w/ the APA.


*


The last thing the*agency does is*issue an "order" or "final determination".


*


NOTE:*Terms change from state to state, but form and function do not.


*


*
504. Hearing and record.

No adjudication of a Commonwealth agency shall be valid as to any party unless he shall have been afforded reasonable notice of a hearing*and an opportunity to be heard. All testimony shall be stenographically recorded and a full and complete record shall be kept of the proceedings.


*



§ 507. Contents and service of adjudications.



All adjudications of a Commonwealth agency shall be in writing, shall contain findings and the reasons for the adjudication, and shall be served upon all parties or their counsel personally, or by mail.


http://members.aol.com/Judiciary/2.Cp.5.html

The section 50-13-8 refer to "rule"(S) created by*the "agency", not the statutes*themselves*such as Title 50 Chapter 13...


*


The rules of the "agency" can be found on the "Secretary of State"*site.


http://rules.sos.state.ga.us/cgi-bin/page.cgi?d=1


*


Think about this...as a general premise...


*


Public rules:


*The "agency" can ONLY enforce statutes*they have generated "rule" for.


One can cover many statutes.


Every "rule" is required to state its*statutory authority.


"FORM" created by agencies to care out statute... are required to list there statutory authority.


*


*


<<<<<FORMS>>>>FORMS>>>FORMS>>>


*What's on your Uniform traffic citations?


*


*


Internal administration:


Rules for internal administration do not need to state statutory authority.


Nor are they required to be listed w/ the Secretary of State.


*


DEPARTMENT OF MOTOR VEHICLE SAFETY (171)


http://rules.sos.state.ga.us/cgi-bin... dex.html&d=1


*


CHAPTER 375







**ADMINISTRATIVE HISTORY** (1)
The Administrative History for Chapter 375





*
ADMINISTRATION (12)
Chapter 375-1





*
REGISTRATION AND LICENSING OF VEHICLES (42)
Chapter 375-2





*
DRIVER LICENSE SERVICES (16)
Chapter 375-3





*
DRIVER TRAINING AND DRIVER IMPROVEMENT (80)
Chapter 375-5





*
REGULATION OF VEHICLES (14)
Chapter 375-6





*
MOTORCYCLE SAFETY (0)
Chapter 375-7





*
INSURANCE (6)
Chapter 375-8

*


*

375-2-1-.01 Motor Vehicle Services Duties.


The Motor Vehicle Services Section is responsible for the coordination of motor vehicle


registration and title matters with other federal, state, and local agencies, counties, and


cities; the recommendation of motor vehicle rules and regulations; assistance to the


legislative liaison; county tag agent assistance; motor vehicle planning and policies;


issuance of motor vehicle citations and fi.fafs; initial tag and decal design; assisting


industry and taxpayers concerning motor vehicle matters; motor vehicle publications; and


certified transcripts of tag and title records.


Authority O.C.G.A. Sec. 40-16-2. History. Original Rule entitled gMotor Vehicle Services Dutiesh


adopted. F. Nov. 28, 2001; eff. Dec. 18, 2001.

*The DMV issues... UTC..


*


Georgia Uniform traffic citation....


written on the form is:


*


Form DPS-32 (01/2002)


"Authorized and approved pursuant to:


Code 40-13-1 D.P.S. Reg. 570.19"


*


DPS .... Department of Public Safety...


Rules and regulations....of the DPS


*


DEPARTMENT OF PUBLIC SAFETY (358)
CHAPTER 570


http://rules.sos.state.ga.us/cgi-bin/page.cgi?d=1


*


*


UNIFORM TRAFFIC CITATION, SUMMONS, ACCUSATION, 180 DAY TEMPORARY DRIVING PERMIT (3)
Chapter 570-19


*


http://rules.sos.state.ga.us/cgi-bin...index.html&d=1


*

40-13-1.


http://www.legis.state.ga.us/cgi-bin...l?code=40-13-1


*


The commissioner of public safety shall develop a uniform traffic citation and complaint


form for use by all law enforcement officers (LEO)*who are empowered to enforce the traffic laws


and ordinances in effect in this state. Such form shall serve as the citation, summons,


accusation, or other instrument of prosecution of the offense or offenses for which the


accused is charged, and as the record of the disposition of the matter by the court before


which the accused is brought, and shall contain such other matter as the commissioner shall


provide. Each such form shall have a unique identifying number which shall serve as the


docket number for the court having jurisdiction of the accused.

*


*

*

[gatorguy3]

Okay, so someone please answer me this...

Since my situation has been in the courts for the past 3 years...does this mean the jurisdiction arguement is null? Is full disclosure out of the question? What is someone to do if they are already in the system where jurisdiction was tricked upon him/her? What can I do now?

[weishaupt1776]

Studying Richard Cornforth's Void Judgments

IT is called vacating a Void Judgement

When the court lacked Subject Matter Jurisdiction, and adjucated, then it is void

Check the rules of Civil Procedure Rule on this

[weishaupt1776]

As in. I am here today on Special Appearance, for a Motion to Dismiss Hearing. As soon as the Judge denies your Motion to Dismiss the Special appearance is over. If you say another word related to the Case you have just given that court Jurisdiction. What you should do, at that point is file a cross complaint, With the Judge, Naming him and the citing officer for Misconduct, That stops all forward movment, Untill your cross Complaint is setteled.


The Judge then can dismiss your case, Or defend him self,

You file the cross civil complaint in the court room,*to the Judge, Just as soon as he / she*dismisses your motion to dismiss. Here are the grounds The LEO, had no jurisdiction to site you, "UNLESS you were being paid", The Judge dose not have the duty to decied your motion, That's the DAs Job. The judge at that Point is not neutral, and if the LEO had no Jurisdiction the court Has no Jurisdiction, You will or did not have An administratve hearing, Thats Lack of Due Process.


***** SO when the Judge says, Your motion is denied, You Object and hand the Bailiff your Complaint and tell him to give it to the Judge, Your filing it with the court. Then you take your other copys to the Court clerk and have them file stamped. Then have someone serve one copy to the DAs Office, You can name the da also, He did fail to protect your rights. and that is his job. You name them as Mr Jones, "Impersonating a Judge. same with the LEO and the DA. If you fail in that Court, Then you move to the Federal Court, Now you add, People that denied your Complaint.