Statutory Web

[weishaupt1776]

Refer back to 318.14*Noncriminal traffic infractions & then the case mentioned "Noncriminal traffic infraction cases prescribed by chapter 318 are civil actions at law within meaning of § 34.01 setting forth jurisdiction of county courts and fact that actions are deemed "actions at law" does not mandate right to trial by jury under article of the Florida Constitution. Nettleton v. Doughtie, 373 So.2d 667 (1979).

Now, Look at this goldmine in light of the above
Lee v. Lang 192 So. 490 Fla. 1940 Quoting :
Civil actions have been defined by many courts and generally it may be said that they are actions between citizens to redress private wrongs and enforce individual rights. Some judicial definitions are as follows:

Civil action' is defined to be 'An action which has for its object the recovery of private or civil rights, or compensation for their infraction." Farnum's Petition, 51 N.H. 376, 383.

'Civil cases are essentially those in which the defendant, or party against whom relief is sought, is a natural person, or corporation, **492 other than the state.' State v. Judge, 15 La. 192.

Civil cases are those which involve disputes or contests between man and man, and which only terminate in the adjustment of the rights of plaintiffs and defendants. They include all cases which cannot legally be denominated criminal cases
Grimball v. Ross, T. U. P. Charlt. (Ga.) 175.

In Cancemi v. People, 18 N.Y. 128, 136, the court said: 'Civil suits relate to and affect, as to the parties against whom they are brought, only individual rights which are within their individual control and which they may part with at their pleasure. The design of such suits is the enforcement of merely private obligations and duties.

Criminal prosecutions involve public wrongs, 'a breach and violation of public rights and duties,' which affect 'the whole community, considered as a community, in its social and aggregate capacity.'' 3 Bl.Com. 2; Id. 4, 5.

'Concerning the rights of and wrongs to individuals considered as private persons , in whole political society, the community, state, government: as, civil-action, case, code, court, damage, injury proceeding, procedure, process remedy.', Anderson L. D. (quoting Hockemeyer v. Thompson, 150 Ind. 176, 182, 48 N.E. 1029, 49 N.E. 1059; State v. Frost, 113 Wis. 623, 641, 88 N.W. 912, 89 N.W. 915).

Civil Action. A civil action has been variously defined as an action to enforce a private or civil right or to redress a private wrong; an action which has for its object the recovery of private or civil rights; or compensation for their infraction; ; an action brought to recover some civil right, or to obtain redress for some wrong not being a crime or misdemeanor.' 1 Corpus Juris 930.

'An action is 'civil' when it lies to enforce a private right, or redress a private wrong.' Rapalje & L.L.D. (quoting Gruetter v. Cumberland Tel., etc., Co., C.C., 181 F. 248, 251).

'The term 'civil action,' as used in statutes, has been held to be 'a proceeding in a court of justice by one party against another for the enforcement or protection of a private right or the redress of a private wrong.' Words and Phrases, vol. 2, [First Series], p. 1183.' Thrift v. Thrift, 30 R.I. 357, 363, 75 A. 484, 487.



'A process for the recovery of individual right or redress of individual wrong.' Stroud's Judicial Decisions 130 (quoting State v. Union Trust Co. of St. Louis, 70 Mo.App. 311, 317).

A civil action is an ordinary proceeding in a court of justice by one party against another, for the enforcement of a private right, or the redress or prevention of a private wrong.' Nelson v. Cowling, 89 Ark. 334, 340, 116 S.W. 890, 893; Jefferson County v. Philpot, 66 Ark. 243, 245, 50 S.W. 453.

'A civil action is a proceeding in a court of justice in which one party, known as the plaintiff, demands against another party, known as the defendant, the enforcement or protection of a private right, or the prevention or redress of a private wrong.' Whitney v. Atlantic Southern R. Co., 53 Iowa 651, 652, 6 N.W. 32, 33; State v. Clarke, 46 Iowa 155, 158. See also In re Bresee, 82 Iowa 573, 577, 48 N.W. 991.

'A civil action is instituted for the purpose of enforcing a private or civil right, or to redress a private wrong, as distinguished from actions instituted to punish crimes, which are known as 'criminal actions." Fenstermacher v. State, 19 Or. 504, 506, 25 P. 142.

The words 'civil action,' as used in the statutes.", include all legal proceedings" partaking of the nature of a suit and designed to determine the rights of private parties.'Bryant v. Glidden, 36 Me. 36, 44.THOUGHT I'D SAVE THE BEST FOR LAST:

A civil action is one founded on private rights, arising either from contract or tort.'Western Union Tel. Co. v. Taylor, 84 Ga. 408, 418, 11 S.E. 396, 399, 8 L.R.A. 189.

Think of how I can really stick it to that black robed thief

[KaosTheory]

Good hunting there Weis. Basically, the judge didn't lie to you. He just didn't tell the truth. You said there was no valid contract and he said that it wasn't about a contract, it was about a Civil Infraction......



Infraction - The act or an instance of infringing; a violation. See Synonyms at breach.



Breach is the operative word here. If he is saying there was a breach, then he is saying there was a valid contractual agreement. So what he is really saying is that there was no contract in force but there was a contract in force but since you caught us in a lie then it's not about the non-existent but existing contract. I hope that's perfectly clear.

[weishaupt1776]

The research of Mr. John Sims, another one of Florida state's finest, has been helping me weave my way through the Statutory Web!
He's definitely got me looking at the rules alot more closelyIHere's the set up in FLORIDA RULES OF TRAFFIC COURT 2004 Edition

• I. SCOPE, PURPOSE, AND CONSTRUCTION
  RULE 6.010. SCOPE
  (b) Part III. The rules under Part III of these rules apply to all criminal traffic offenses, . . .
  (c) Part IV. The rules under Part IV of these rules apply only to traffic infractions adjudicated in a court of the state, whether by a county court judge or civil traffic infraction hearing officer.

This is important to note in order to catch what Part in the rules is civil & what Part is criminal. Do you notice how they mention the word "criminal" so brazenly but hide the word "civil in RULE 6.010(c) above?

• RULE 6.020. PURPOSE AND CONSTRUCTION
  These rules shall be construed to secure simplicity and uniformity in procedure . . .

This comes into play later

Ah yes, this is where we start to have fun - the "definitions" part, a researcher's fave - no doubt.

• II. GENERAL PROVISIONS
  RULE 6.040. DEFINITIONS
  (b) “Charging document” means any information, uniform traffic citation, complaint affidavit, or any other manner of charging a criminal traffic offense under law.

What document can be used in charging a civil infraction?

• (h) “Prosecutor” means any attorney . . prosecution of a defendant for the violation of a statute or ordinance.

They told me in court that the Sheriff is the Prosecutor, is he an attorney, too? Talented Guy.

• (k) “Infraction” means a noncriminal traffic violation that is not punishable by incarceration and for which there is no right to a trial by jury or a right to court-appointed counsel.

They love to hide that word "civil" using the phrase "non-criminal" because you might actually be able to invoke Civil Procedure in order to get a fair trial. Wouldn't wanna do that.

• (n) “Officer” means any enforcement officer charged with and acting under authority to arrest or cite persons suspected or known to be violating the statutes or ordinances regulating the operation of equipment or
  vehicles or the regulation of traffic.

Where's the authority to prosecute?

• RULE 6.080. IMPROPER DISPOSITION OF TRAFFIC TICKET
  Any person who solicits or aids in the disposition of a traffic complaint or summons in any manner other than that authorized by the court or who willfully violates any provision of these rules shall be proceeded against
  for criminal contempt (in the manner provided in these rules). However, a traffic hearing officer shall not have the power to hold any person in contempt of court, but shall be permitted to file a verified motion for order of contempt before any state trial court judge of the same county in which the alleged contempt occurred. Such matter shall be handled as an indirect contempt of court pursuant to the provisions of Florida Rule of Criminal Procedure 3.840.

This is speculative, but are Sheriffs authorized or delegated with any authority to issue a summons or take action in civil matters? Also, How can I be held in criminal contempt in a civil matter just for asking questions which expose their hootenany on the public's life, liberty, & property?

If the Black Robed Mob Boss tries to hold me in contempt for asking pointed questions which expose their extortion racket, according to their "rules", it can't apply in a civil hearing:

• RULE 6.090. DIRECT AND INDIRECT CRIMINAL CONTEMPT- Direct and indirect criminal contempt shall be proceeded upon in the same manner as in the Criminal Rules of Procedure.

• III. CRIMINAL OFFENSES
  RULE 6.160. PRACTICE AS IN CRIMINAL RULES
  Except as provided, the Florida Rules of Criminal Procedure shall govern this part. A defendant shall be considered “taken into custody” for the purpose of rule 3.191 when the defendant is arrested, or when a traffic citation, notice to appear, summons, information, or indictment is served on the defendant in lieu of arrest.

Taken into custody? That's not being arrested?
Look at how contradictory the "rules" get now:

• RULE 6.165. COMPLAINT; SUMMONS; FORM; USE
  (a) Uniform Traffic Citation. All prosecutions for criminal traffic offenses by law enforcement officers shall be by uniform traffic citation as provided for in section 316.650, Florida Statutes, or other applicable statutes, or by affidavit, information, or indictment as provided for in the Florida Rules of Criminal Procedure. If prosecution is by affidavit, information, or indictment, a uniform traffic citation shall be prepared by the arresting officer at the direction of the prosecutor or, in the absence of the arresting officer, by the prosecutor and submitted to the department.

O.K. , but remember the definitions in RULE 6.040 (h) & (n) above regarding prosecution & officer above?
Plus this is not in Part IV regarding civil. Where, When, How, was the authority to prosecute delegated in the first place, let alone in civil matters?
Who delegated it to the Sherriff, the State Attorney?

• RULE 6.200. PLEAS AND AFFIDAVITS OF DEFENSE
  (b) Subject to the approval of the court, written pleas of guilty or nolo contendere may be entered in criminal traffic offenses not designated felonies under the laws of the state and sentence imposed thereon.

So what about pleas in civil matters?

• IV. TRAFFIC INFRACTIONS
  RULE 6.320. COMPLAINT; SUMMONS; FORMS; USE
  All citations for traffic infractions shall be by uniform traffic citations as provided in section 316.650, Florida Statutes, or other applicable statutes or by affidavit. If the complaint is made by affidavit a uniform traffic citation shall be prepared by the clerk and submitted to the department.

Who's prosecuting for civil matters? How is the prosecution made in civil matters? Where is the rule on how procesutions are made civil matters? Contrast with the Criminal Rule 6.165 above.

• RULE 6.325. SPEEDY TRIAL: INFRACTIONS ONLY
  (a) General Rule. Except as otherwise provided in this rule, every defendant charged with a noncriminal traffic infraction shall be brought to trial within 180 days of the date the defendant is served with the uniform traffic citation or OTHER charging document. . .

Scroll back up to RULE 6.040(b). It says that a charging doc is only for criminal! But wait - Scroll back up to RULE 6.020. . . ." to secure simplicity and uniformity in procedure" ??
That rule is immediately before the definitions. If the definitions say that a charging doc is for criminal & that is meant to be uniform throughout the rules, then put 2 & 2 together.

• RULE 6.340. AFFIDAVIT OF DEFENSE OR ADMISSION AND WAIVER OF APPEARANCE
  (a) Appearance in Court. Any defendant charged with an infraction may, in lieu of a personal appearance at trial, file an affidavit of defense or an admission that the infraction was committed as provided in this rule.

Scroll Back up to 6.200 where it mentions pleas. Do you see anything about pleas in part IV here dealing with civil?

• (c) Attorney Representation. If a defendant is represented by an attorney in an infraction case, said attorney may represent the defendant in the absence of the defendant at a hearing or trial without the defendant being required to file an affidavit of defense. The attorney shall file a written notice of appearance. The attorney may enter any plea, proceed to trial, present evidence other than the defendant's statements, and examine and cross examine

Notice that it does NOT say that the judge may enter a plea. Unless of course he is offering to be my attorney.

• 
  RULE 6.460. EVIDENCE
  (a) Applicable Rules. The rules of evidence applicable in all hearings for traffic infractions shall be the same as in civil cases, except to the extent inconsistent with these rules, and shall be liberally construed by the official hearing the case.

That's just a fancy way of saying that they can refuse to take judicial notice, overrule legitimate objections, etc . . because they are part of a private club & you are not

• (b) Tape Recording of Hearing. Any party to a noncriminal traffic infraction may make a tape recording of the hearing. The provision and operation of the recording equipment shall be the responsibility of the defendant unless otherwise provided by the court. The original recording shall be delivered immediately after the hearing to the clerk, who shall seal and file it. Such tape shall be transcribed for an appeal if ordered by the defendant. Transcription shall only be by an official court reporter at the defendant’s expense.

Another fancy way of saying, we will delete & distort your original claims which exposed our fraud & transcribe what we want so that we don't lose on appeal. Oh, by the way, you have to pay for our altered record also.

OKAY, IT'S ALL DONE NOW. ANY QUESTIONS OR COMMENTS?

[scottinalaska]

WP,
As usual, some excellent research and you even shared it with us. Are you doing this to prepare for your next stop and consequential appearance or are you already on a schedule to do this again?
I have been looking at our Motor Vehicle Codes so I can KNOW this by my own research and have found that the "Driver License" is not a "Driver's License". Does this mean the driver does not own the license because it does not contain the possesive 's'?
Next. The section on this is called the "Driver License Compact." If that doesn't sound like CONTRACT I don't know what does. When I try and find definitions, it only defines state, home state, and conviction. Three words. Hmmmm. Just barely diving in here, but it sure looks rather spartan. But then again, our state is just a newbie on the block.
Here is the link of so little: http://touchngo.com/lglcntr/akstats/.../Chapter37.htm
scott

[sfergnel]

Scott,

The Compact is the agreement between states that govern the reciprocal actions of the member states as it relates to the license to drive for "persons" licensed in the member states.

Look in the statutes for "Division of Motor Vehicles" (or whatever it is called in your area) for the actual information on licensing and registration.

[scottinalaska]

Thanks Sfergnal,

In my further researching, I have found lots of definitions in our statute region of the "laws" of Alaska. No enacting clauses if that is of any issue.
I did just get off the phone with the clerk of whom I have an appointment in the court on the 22nd to enter a plea. I asked her if this was civil or criminal. She said it is neither. It is minor traffic. What the heck? I wonder if I could ask her to provide the written rules and procedure for this kind of proceeding? Hey, likely she'll tell me that NO evidence of a complaining party is even needed!
I am kind of frustrated that she said neither.
scott

[EnSabahNur]

Originally Posted by weishaupt1776

Just flippin' through the good ole Florida Code.

I needed to look up definitions for myself to see if certain claims were True such as whether or not I DRIVE or OPERATE a MOTOR VEHICLE.



MOTOR VEHICLE.--Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.

VEHICLE.--Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

COMMERCIAL MOTOR VEHICLE. Any self-propelled or towed vehicle used on the public highways in commerce to transport passengers or cargo, if such vehicle:

(a)**Has a gross vehicle weight rating of 10,000 pounds or more;

(b)**Is designed to transport more than 15 passengers, including the driver; or

(c)**Is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, as amended (49 U.S.C. ss. 1801 et seq.). If I am getting this right, the KEYWORD is TRANSPORT. I don't believe

my Ford Ranger is 5 tons. I couldn't find a statutory def of transport except in the above definition. So I am still wondering about the hole in it, though. Can't they say I was transporting myself or if there was someone w/me , that I was transporting them? Transport has gotto have an exclusive commercial meaning somewhere.

TRANSPORTATION.--The conveyance or movement of goods, materials, livestock, or persons from one location to another on any road, street, or highway open to travel by the public.

PERSON.--Any natural person, firm, copartnership, association, or corporation.

DRIVER.--Any person who drives or is in actual physical control of a vehicle on a highway or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle.

OPERATOR.--Any person who is in actual physical control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle.

*OWNER.--A person who holds the legal title of a vehicle, or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, or lessee, or mortgagor shall be deemed the owner, for the purposes of this chapter.

Here's the sorry statute the guy wrote me up on:316.183* Unlawful speed

(1)**No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care I like the adjectives & the other previously studied deceptions.

3)**No school bus shall exceed the posted speed limits

6)**No driver of a vehicle shall exceed the posted maximum speed limit in a work zone area.So far I believe I can conditionally accept that I was driving & operating a motor vehicle when you made me sign that ticket at gunpoint; UPON PROOF OF CLAIM that I was a firm, copartnership, association, or corporation engaged in the commercial act of transporting passengers & cargo via school bus in a work area.



THIS IS RIDICULOUS, I AM SUPPOSED TO BE PLAYING GUITAR RIGHT NOW-I'M GENUINELY PISSED OFF THAT I HAVE TO DO THIS. But am equally satisfied if this may be of any help

Number one....

PERSON.--Any natural person, firm, copartnership, association, or corporation.

The term natural-person is meaningless without the - (hyphen) making it a compound word. Without the - Natural is not linked to Person and does not compound it to change the meaning. It is a ruse.

Until the laws state that they apply to a living man/woman...it is all crap. But that is beside the point that all that is entirely their opinion and you do not give them permission to make legal determinations on your behalf.

Consent, consent, consent, consent, consent, consent.......

Without that, they have nothing and they can wipe their asses with these laws since that is the only proper use for them.

where can i find the georgia rules of traffic? while im at it, ive tried to find the patent jury instructions for georgia also and criminal rules.

Check the terms "within this state" "within the state" ,you may have to check
the general definitions for those terms. But the stuff you are talking about may only apply to lands ceded to the federal government. "Natural person"
there was a railroad case in the supreme court that said " a private corporation is a natural person as such has the same rights to own land as a human being" under the 14th admendment, note the case was for land in a Federal territory the year was 1886.

[weishaupt1776]

Thanks for livening up this thread, y'all.

Kgodd, some states don't have rules of traffic court.

That's why it's great to ask "what rules govern these proceedings?"

"Are there rules you can ignore?", etc . . .

ElShab, "Affidavit of corporate denial, anyone?"

Riverplow, Do you have a citation, please? There are tons of fabrications, and we must take heed.

hAkeem has some excellent cross exam stuff that I need to link to from here.
http://forum.suijuris.net/showthread.php?t=1738