Traffic Court Losses

[weishaupt1776]

<FONT COLOR=black>[b]Since I have been reading Adventures In Legal Land, I have been seeing my main flaw when asking the Judge questions.



I was taking positions and not asking questions to box them in.



For example, is this a civil action?Â*Â*



Â*Is it in the nature of a contract dispute or a tort?



The thing is to check out how it is fundamental law that civil actions are

either contract or tort.Â*Â*I need to look at the Florida constitution

and cases on standing where there has to be the invasion of a legal right

resulting in damage to have a justiciable case.



Keep in mind you can ask the same question to the cop and you want them to be responsive to the question.Â*Â*That is why in the set up questions we should ask if we are entitled to responsive answers.



Civil actions require the invasion of a legal right/breach of a legal duty that results in loss harm and injury.Â*Â*The question before the court of appeals is:

May courts adjudicate cases involving no legal rights and no damage?



They basically have to abolish the doctrine of standing.Â*Â*

That is why they will find a "reason" to avoid answering it.



Check out in another thread, how I connect the statutes & use the law against them HERE & especially HERE

[TheBlackTruth]

<font color=darkblue face=verdana>Weis,



They won't tell you it's civil in nature (at least not in California). They will say it is Criminal (mala prohibita) and as such, no contract required.



-BT[/color]

[weishaupt1776]

<FONT COLOR=BLACK>[b]True, but if you follow the 2nd link in the thread above you, you will see cases describing what a criminal cause of action is & how civl CoA's contract w/ it. You could still use 'em & show how ridiculous a traffic case would be if it were criminal. Say if they did say that in Florida. Here's a quote from a Florida court's holding:<BLOCKQUOTE>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.</BLOCKQUOTE>Construct some questions off of that.

[TheBlackTruth]

You're preaching to the choir! I know that it is not Criminal and there are many cases that state plainly that no traffic infraction can be criminal in nature; but what I'm saying is that when you ask the Judge what the nature is, the answer will be "Criminal". It was in response to your post about questions to ask to "box in" the judge. Since the Judge will say just say Criminal, it won't be very effective in boxing him/her in since they essentially lie to you.



It's probably good to get that on the record for your appeal though!



-BT

i noticed in the maryland rules that pleadings captioned 'STATE OF MARYLAND vs..." are criminal prosecutions in nature...'course, there may be an exception, but i didn't see it...



jon

[weishaupt1776]

Heh , Heh I served the sheriff a bunch of paperwork, affidavits, and a bill of particulars with Stevens' questions & was scheduled Jan 19, w/a "hearing officer" for trial. Now they cancelled it & set it for Feb 21 in front of the county judge again. I am assuming that they don't want that hearing officer to have any piece of me.

[hAKEEM]

The judge threw you of by saying this is a CIVIl proce. Bull crap the judge tried that with me and ask me do I want a lawyer I said no the sheriff ran out and said oh you forgot to sign this paper which they type up fast they reschedule court. I sign without pre etc.. I went back and served them again. believe me trust the paper work. Like I told you before they are aware now of this and will try anything to derail you. Stand strong and remembr this a fell Rebutted affidavit stands as truth its there law and say I want the court to know I am appealing your leagal determination etcetc. The judge knows if this gos to the apeal courts he will look like an ass and it will get overthrown. Do not fall for there traps. I repeat file the ticketslayer docs again and nothing else again. and go get a witness or use an attorney like I did go to my past post on my court expeirence they are getting wiser we have to be one step ahead of them.

[hAKEEM]

some good questions to ask officer on a traffic case.

Have the witness take the stand.

2. Ask the officer, "Is this the card I showed you when you asked me
for a driver's license." (Or what ever document it is -is this the
letter that I sent your office, etc.) [you are laying the foundation].

3. After the officer identifies the item, give it to the court clerk,
and ask her to mark it as defense exhibit A (defense is alphabetical,
prosecution is numerical), after she marks it, get it back from her and
ask the officer to read the front of the card. Then show it to the
Judge, then the prosecutor, then give it back to the clerk for
safekeeping.

4. You can enter all the letters/affidavits that you have sent to the
.

Questions:
- How long were you in the academy?
- Were you trained in the proper application of the law?
- As a officer enforcing the vehicle code, are you not required to know
and understand the meanings and proper application of such law?
- Officer do you have personal knowledge of the meaning of the term ----
as it is defined in the law you were taught to enforce?

Prosecution: OBJECTION

You: Your Honor I am attempting to lay a foundation to establish that
the officer has been improperly trained, is biased, is involved in a
civil conspiracy to deprive me of my property and lacks personal
knowledge, and therefore is an incompetent witness as it relates to the
issue before the court.

Court: Proceed

- In the academy how may hours were you trained in the proper
application of the vehicle code, and were you taught that it applied to
everyone without exception?
- Were you taught that the Vehicle Code is a special law with general
applicability and not a general law applying to everyone?
- Do you have personal knowledge of the meanings of the term DRIVE,
RESIDENT, OPERATOR, DRIVER, MOTOR VEHICLE, VEHICLE. as those terms are
defined and used in the statute that created the vehicle code? NO

NO - then you are stating that you do not know the legal meanings of the
laws that you are enforcing

- Were you taught that the vehicle code applies to all commercial
activities?
- (if no) does the vehicle code apply to commercial vehicles?
- (if yes) was I involved in any commercial activity at the time you
stopped me

Any time an objection is raised, you should take exception and explain
to the judge that the foundation that you are laying is important to
your defense.

After all the questions are asked that you feel is necessary or you have
laid the proper foundation then!!!!

Your Honor, I move the court to strike all testimony by this officer, as
he has stated on record that he does not understand the laws that he is
enforcing, and as such is biased, and is incompetent to be a witness.

You can always set the court up by asking "Does this court only address
facts in this matter??

Then you can preface all your statements with "It is a fact or fact of
law that -

"It is a fact of law that the Penal Code makes a legal distinction
between the term "person" and "citizen"

"It is a fact of law that there are two constitutions here in
florida, one for the U.S. citizens, and one for state citizens"

"It is a fact that I am a citizen of florida"

Learn how to cross examine anyone - this procedure can be used in most
trials just change the main procedures - In the case of a police
officer:

Prosecution: "Officer state your name"

Officer: "My name is John Smithe"

You: OBJECTION, requires a personal opinion, based upon hearsay, and
not supported by any recognizable factual evidence before the court!!

These following types of statements can be objected to:

"I observed the defendant driving"

OBJECTION: "The use of the term "driving" Requires a personal opinion
and a conclusion of law with a legal interpretation of the law by this
officer, and this witness is not an attorney or other qualified person
to interpret the law.

The following terms should be objected to as they require the above
statement:

Driving
Person
motor vehicle
vehicle
Individual

There are many terms that have special meanings in the law, and you
should object to each and every one of them

You can always question the officer if you want:

Say to the court: "I am invoking the hostile witness provisions since
the witness is an agent of the government." Once you do this you can
ask leading questions that require a yes or no answer. If the
prosecution objects, you should say "I am attempting to lay a
foundation, if the court has no objection."

Some Good Questions (and make up your own to fit the circumstances):

- Where did you stop me, in the State of California, or in California
state.?
- Officer when you stopped me were you operating under the presumption
that I had committed some violation?
- Officer did I identify myself upon your request?
- Officer did I give you an identification card that stated who I was?
- Officer is this the identification card that I gave you.? Say "I want
this marked as exhibit one as evidence."
- Officer when you stopped me did you think I was the person identified
in the vehicle code?
- Officer were you ever informed that a "citizen" is not the same as a
"person" identified in the vehicle code? (Have the officer read Section
228 and 232 of the Penal Code)
- Officer, was I involved in any type of commercial activity when you
stopped, like hauling freight, operating a taxicab or any other type of
commercial activity on the highways?
- Officer is this the citation that you issued to me? (show officer the
ticket)
- Officer did you check the box marked traffic?
- Officer, do you understand the legal meaning of the word traffic?
Have the officer read the definition out of Black's Law Dictionary
- Officer, so you make a mistake in marking the traffic box, after
stating previously that I was not involved in any type of commercial
activity.(yes)
- Officer, then this traffic citation is in error, is this not correct?
- Officer, then you have committed perjury from the witness stand by
stating that I was not involved in any commercial activity, or you made
a false arrest by issuing this ticket in error, which one is correct?

OBJECT TO THE STATEMENTS MADE BY ANY WITNESS OR THE PROSECUTION,
ESPECIALLY WHERE THE LAW MAKES A SPECIFIC MEANING TO THE TERMS OR
APPLICATION. IN OTHER WORDS - ALL THE TIME

In addition this is an argument that almost everyone can use if you have
the proper paperwork prepared in advance.

If the judge denies any demurrer or motion without opposition, he is
acting as an officer of executive branch, and this is a violation of the
separation of powers doctrine.

You state: "Your honor, since the court has denied my --- I want the
record to reflect that I am objecting to the judge representing the
executive branch. I also am objecting to the violation of the
separation doctrine by this court. For the record would the court like
to state the authority for the violation of the separation of powers
doctrine."

You must have on the record that you have objected to the violation,
failure to do this precludes you from bringing this matter up on appeal.

After the police officer has testified, and leaves the witness stand,
ask the court if the prosecution has rested?, If so, then you must state
"Your Honor, I move the court for a judgment of acquittal, based upon
insufficiency of the evidence, and failure of the prosecution to
establish the proper jurisdictional facts.

If found guilty, ask for the five days between conviction and
sentencing, this is the only time you can file an arrest of judgment.

If arrest of judgment is denied, the judge will ask you if there is
anything else prior to sentencing (or words to that effect) this is the
time for allocution.

[weishaupt1776]

Thanks, ma man. I mos def will incorporate that into my line of "mental ass whippin'" questions.
I don't need to refile, that was a motions hearing & they extended the trial because I started sending the sherriff at his office the scary docs I filed & have defaulted him. Have you checked out one of my spawn, Here?:
http://forum.suijuris.net/showthread.php?t=1402

[vanton57]

http://www.freedom-school.com/keatin...nscription.pdf

If you haven't read the material on the above link, it might be worth while.

I think this will help answer some of the questions or provide some logic with the discussion in this thread.

If anyone needs Jean's email, let me know.