Signing Tickets under duress

if you sign a traffic citation under duress, doesnt that void the contract?

[Bird]

kgod999:

It helps, but then you still have to assert your rights and go through the courtroom shenanigans. Remember, they've got it all backwards and will attempt to shift the burden of proof on you, when it is they who have a claim against you. In short, it is like tossing yourself an alleyoop pass that you may very well have to slam dunk at a later time.

[scottinalaska]

Bird,

"...like tossing yourself an alleyoop pass that you may very well have to slam dunk at a later time."
That is great! Simply poetry in motion.
Yesterday I got pulled over for a suspicious out of date tag on my truck as I pulled into a store. I showed him my '05 tag in my glove box that I hadn't put on yet(boy,it was nice having, since I got it last year knowing I was loaning out the truck). I didn't show hime my DL since I didn't have one anyways and went in the store before he could hassle me about that, came out, and he was still there!
He told me that my driver's license expired 11 months ago. I told him I realized that.
"I could have you arrested if it is over a year expired," he dutifully informed me.
Whoa! The only crime where you can passively do the same thing you've been doing(driving) and the passage of time can create in you a criminal record. Heavy stuff man! I have one month before he hopes to pull me over and "arrrest me." It will be good practice in court, but I do question if it is true that he can arrest as opposed to ticket me.
Any thoughts?
scottinalaska

Originally Posted by scottinalaska

Bird,

"...like tossing yourself an alleyoop pass that you may very well have to slam dunk at a later time."
That is great! Simply poetry in motion.
Yesterday I got pulled over for a suspicious out of date tag on my truck as I pulled into a store. I showed him my '05 tag in my glove box that I hadn't put on yet(boy,it was nice having, since I got it last year knowing I was loaning out the truck). I didn't show hime my DL since I didn't have one anyways and went in the store before he could hassle me about that, came out, and he was still there!
He told me that my driver's license expired 11 months ago. I told him I realized that.
"I could have you arrested if it is over a year expired," he dutifully informed me.
Whoa! The only crime where you can passively do the same thing you've been doing(driving) and the passage of time can create in you a criminal record. Heavy stuff man! I have one month before he hopes to pull me over and "arrrest me." It will be good practice in court, but I do question if it is true that he can arrest as opposed to ticket me.
Any thoughts?
scottinalaska

Beat him to the punch. Rescind your license. Carry proof of your doing so, and carry it with you, and show it to him when he tries to proceed down that road, Grill him like King Salmon.

Or you could start a non-adversarial lawsuit, asking for a court decree that you have rescinded your license, because you are basing your right to travel on case law or biblical reasons, (great commission is a good one)

Then when he pulls you over, you can show him the judges decree, and ( I can't wait to use this line) "Officer, just save it for the judge."

Tell him he has the right to remain silent, anything he says, can and will be used against him in a court of law. If he cannot afford an attorney,,,, You get the picture.

A touch of non-physically threatening insanity don't hurt...

HB

[scottinalaska]

"Grill him like King Salmon!"
HB, you are so funny! We eat salmon all the time up here like carrots from the garden, so I am sure he'll recognize the taste.
The small world it is up here, I emailed the trooper yesterday to apologize for coming off like a smarta$$ when I seemed unconcerned that my license was set to expire in a month. Just trying to be in honor and didn't want any harassment too soon when he sees my truck.
He wrote back already but kindly reminded me that it is a criminal misdemeanor to be driving without a valid license and I could be arrested. Right now, it is merely a violoation.
I need to go look up some Alaska regs and definitions on travel, motor vehicles, cars, driving, as well as how I get a criminal record if the judge trashes me if I challenge her jurisdiction through simple questions.
Giving the trooper the Miranda warning is sure tempting but justifiable. We all like to be informed now. I am also going to start carrying a pocket recorder for the inevitable stop so if it is a good one, we can all take a listen!
thanks for the frank advice, HB.
Naturally, I know the DMV lady(only one employee here) so she'll certainly have some questions when I ask for a rescintion.(sp?)
s

[weishaupt1776]

I am starting to see that the time to go into statutory definitions with the printouts/exhibits is right there on the spot with the cop or the backup patrol who he calls.
If it goes to court, you file tons of paperwork on the DA & cop to hopefully scare them off, but don't defend the docs, use the box in questions with the Black Robed Lawyer because you can't even begin to defend your filings until you understand the Nature & Cause of the proceedings because you are some poor defenseless peasant & not the member of their private little Law Fraternity.
What do you think of that 3 stage process, guys?

Originally Posted by scottinalaska

"Grill him like King Salmon!"

Naturally, I know the DMV lady(only one employee here) so she'll certainly have some questions when I ask for a rescintion.(sp?)
s

I wouldn't ask her for a recission. If it were me, I would simply write up a letter saying I rescind my signature from my license, and I excercize my right to free travel.

Give them 2 weeks to respond with the law that requires you to have a license to travel (not drive- their word and definition) freely, and tell them that if they don't it will be their tacit agreement that there is no law requiring a man to have a license to travel freely.

If it were me, that's what I'd do, unless you want to renew it.

Not telling you what to do, but I can guarantee there is no form for recission that they can get for you.

It's like Hotel California. They want you to think you can never leave...

When they default, send them notice that they defaulted, or that their letter was non-responsive, and as such, you understand their non response to mean that there is no law requiring you to have a license to travel freely.

Think it out, then if you want to do a non-adversarial lawsuit for a declaratory judgement, you have evidence to back up your case.

HB

I thought you might like that salmon line.

[scottinalaska]

WP,
Yes, I think I need to be ready on the spot with the trooper and not think I can begin to have the time to make a case in court. IF it goes to court, which I predict it will since, "I am just doing my job(and listening to my prey is not part of it) is the mindset of Mr. Cop, I will rely on simple minded questions like "what kind of action is this, civil or criminal?" and "Do you evidence of a complaining party?" and other nature and cause kinds of questions.

HB,
I like the Hotel California simile. And I thought the Eagles' song was odd words and good guitar! Using Private letters keeping my local DMV lady out of it is certainly best. She likely doesN'T have those pesky rescision forms anyways. After all, why would people bother to check out of the DMV system when they can never leeeave. "I guess we're just prisoners here of our own device"
And to do the song a bit deeper justice, here are the closing lyrics of the song:
They stab it with their steely knives (dishonorable actions)
But they just can't kill the beast (that's true)
Last thing I remember
I was running for the door (lost in the flury of my paperwork)
I had to find the passage back to the place I was before (and before I was issued my SS number, a sovereign memory)
Relax, said the nightman (Hello, I am from the government, I am here to help you, sign here.)
We are programed to recieve (no comment here!)
You can check out any time you like
But you can never leave.

Growing up, I was told this song was from the devil, now I think it is contains more truth than the devil would want us to know.
scott

[KITCHIE]

Scottinalaska

Also throw in the US Codes. They get state and highway funding so they are bound by fed laws too.

Also I can tell you that even the Reno PD does not stop me any more for no plates.!! YEAAAAAAAAAA BOY!!!


Kitchie

[weishaupt1776]

KITCHIE, did you explain the mechanisms for how you exactly did that on some of your first posts? Sounds like you really know what you are doing & are able to stand on your work.