your last ticket weis

10 25 04 the last ticket you posted about...that i know of lol

weis, this post is bout your last ticket, i have done traffic for the last 15 years (i know *a strange way to play* but it is fun...) consider this, and everyone else in other states. rules of court state and federal (rcsf) are for the uniformity of rules from state to state, so the presentments from state to state are SIMULAR to one another. since i have been here i have stated the way to win is on the face of the presentment itself.

so if you go to court...
since when can a party serve summons (ticket) and appear in the case (witness)???? violation of rcsf. find your rcsf and get the rule #. IF you want to have fun, impeach the officer for failing to understand his job discription is. and therfore is an unrealible witness.

(i dont go to court anymore, for tickets) but if you want to, this is a MUST do (sides its fun as hell)) get the cop on the stand and ask him

what is your job description?

protect and serve...blah blah blah...this month its to issue traffic tickets whatever...

and your sure of that right?

yup.

is there a speical interest between the defendant and yourself or the defendant and the police in general?

erm i dont no what your sayin/no

so if i understand you right, police provide a public service by keeping the roads safe, is that right?

then point out that USSC has determined the followin...

it is a ``fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen.'' Warren v. District of Columbia, 444 A.2d 1 (D.C. Ct. of Ap., 1981).

DeShaney v. Winnebago County Department of Social Services (109 S.Ct. 998, 1989). Frequently these cases are based on an alleged ``special relationship'' between the injured party and the police
how long hes been a cop...15 years, do you have an oath of office? yes...and how long ago did u take this oath? 15 years ago...well isn't that special? and did you take the oath first, or did you expatrate first? forign agents act 1938 po pos, PAs judges represent a forign princiable.
________________________

the presentment is sposed to be an affidavit look on the front of the thing and find where the PA is sposed to signe. now weis, on the night in qustion, did the officer write you a presentment for X?

A yes

did the officer sign the presentment?

A yes

at that point did the officer hand you a COPY of the insturment?

A yes

was the PA there to sign where his name goes (i verly state some horse****...)

A NO!!! the pa signs on his knoweledge and belief that he got from the officer tellin him what happned. based on the cops oath of office.

hell he could say ANYTHIN!!!!

(sounds like...) objection hearsay...the court was not there and the officers oath is is question

or calls for a legal determanation from the officer (outside the scope of his job thingie)

the presentment fails as an affidavit because it is not sworn before judical officer or anyone else. and other reasons. now when you bring this up in open court the judge will give the high sign to the PA and the pa will spout some horse**** like DO YOU WANT ME TO SIGN IT!!! ILL SIGN IT RIGHT NOW!!! blah blah blah ***now its on and they will TRY to punk you down***go back to rcsf and get the # for once an action has comenced no paperwork can be amended UNLESS all parties agree. or you can tell him, what i say...if you sign or otherwise amend the presentment without my agreein to the amendment i can sue you, cant i? i have a complaint ready for federal court with your name on it for voioations of your oath of office but not limited thereto, and will have the judge and officer appear as witness' against you. ***show him a copy TITLE PAGE ONLY*** and will have it filed within the hour if you do.
_______________________

the presentment fails to state a claim for which relife can be granted

the instrument fails to state a claim for which relief can be granted.../courts are not allowed to take frns ref According to the United States Supreme Court in Hagar v, Rec. Dist. #108, 111 U.S. 701, “The Acts of Congress making Notes a legal tender DO NOT apply to INVOLUNTARY contributions in the nature of taxes or assessments exacted under State laws….” (emphasis added) Therefore, Irredeemable Federal Reserve Notes or negotiable instruments drawn on accounts kept in Federal Reserve Notes are not legal tender for States to demand or receive in the nature of taxes or involuntary payment of assessments exacted under State laws. such as the involuntary assessed payment of a service or filing fee of the Court mandated under State law.

i can hear yall now, it says service or filin fee...but it states involuntary payment your fine is assessed at $$$, and if you look at your fed const. im sure youll find a lil thang there talkin bout no state shall make anything but...well yall no the rest of it. there is also the same wording in state consts. and for this reason the insturment fails to state a claim...

damaged party how can you get to a damaged party
? and the presentment is flawed? if YOU go past the issue YOU raise, then you allow them to pass it also. and so very very much more.

in the municipal court at XXXXX

notice of refusal

and refusal

registered mail#

NOTICE OF REFUSAL OF CONTRACT FOR CAUSE pursuant to rcsf#,frcp9(b)

(b) Fraud, Mistake, Condition of the Mind.
In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.
rcsf#, frcp 12(b)7,6.5,4,2,1 *in this order*
Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19.

the word "person" is replaced with "State National"

produce contract - no meeting of the minds, no cntract for commerce, exhibit special relationship existing between cop/s and state national.

the calibar of posters here (SJ) is so high that i aint gettin enuff sleep, so if yall dont stop postin for a few days ima sue for...erm ah duh intentional depravation of sleep, yeah thats it!!!

ill clean this up later i need some sleep yall. i got errors in this wait till i clean it up feedback anybody?

[idknow]

Great note. Is there a forth coming cleanup?
--

Originally Posted by str8razor

10 25 04 the last ticket you posted about...that i know of lol

weis, this post is bout your last ticket, i have done traffic for the last 15 years (i know *a strange way to play* but it is fun...) consider this, and everyone else in other states. rules of court state and federal (rcsf) are for the uniformity of rules from state to state, so the presentments from state to state are SIMULAR to one another. since i have been here i have stated the way to win is on the face of the presentment itself.

so if you go to court...
since when can a party serve summons (ticket) and appear in the case (witness)???? violation of rcsf. find your rcsf and get the rule #. IF you want to have fun, impeach the officer for failing to understand his job discription is. and therfore is an unrealible witness.

(i dont go to court anymore, for tickets) but if you want to, this is a MUST do (sides its fun as hell)) get the cop on the stand and ask him

what is your job description?

protect and serve...blah blah blah...this month its to issue traffic tickets whatever...

and your sure of that right?

yup.

is there a speical interest between the defendant and yourself or the defendant and the police in general?

erm i dont no what your sayin/no

so if i understand you right, police provide a public service by keeping the roads safe, is that right?

then point out that USSC has determined the followin...

it is a ``fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen.'' Warren v. District of Columbia, 444 A.2d 1 (D.C. Ct. of Ap., 1981).

DeShaney v. Winnebago County Department of Social Services (109 S.Ct. 998, 1989). Frequently these cases are based on an alleged ``special relationship'' between the injured party and the police
how long hes been a cop...15 years, do you have an oath of office? yes...and how long ago did u take this oath? 15 years ago...well isn't that special? and did you take the oath first, or did you expatrate first? forign agents act 1938 po pos, PAs judges represent a forign princiable.
________________________

the presentment is sposed to be an affidavit look on the front of the thing and find where the PA is sposed to signe. now weis, on the night in qustion, did the officer write you a presentment for X?

A yes

did the officer sign the presentment?

A yes

at that point did the officer hand you a COPY of the insturment?

A yes

was the PA there to sign where his name goes (i verly state some horse****...)

A NO!!! the pa signs on his knoweledge and belief that he got from the officer tellin him what happned. based on the cops oath of office.

hell he could say ANYTHIN!!!!

(sounds like...) objection hearsay...the court was not there and the officers oath is is question

or calls for a legal determanation from the officer (outside the scope of his job thingie)

the presentment fails as an affidavit because it is not sworn before judical officer or anyone else. and other reasons. now when you bring this up in open court the judge will give the high sign to the PA and the pa will spout some horse**** like DO YOU WANT ME TO SIGN IT!!! ILL SIGN IT RIGHT NOW!!! blah blah blah ***now its on and they will TRY to punk you down***go back to rcsf and get the # for once an action has comenced no paperwork can be amended UNLESS all parties agree. or you can tell him, what i say...if you sign or otherwise amend the presentment without my agreein to the amendment i can sue you, cant i? i have a complaint ready for federal court with your name on it for voioations of your oath of office but not limited thereto, and will have the judge and officer appear as witness' against you. ***show him a copy TITLE PAGE ONLY*** and will have it filed within the hour if you do.
_______________________

the presentment fails to state a claim for which relife can be granted

the instrument fails to state a claim for which relief can be granted.../courts are not allowed to take frns ref According to the United States Supreme Court in Hagar v, Rec. Dist. #108, 111 U.S. 701, "The Acts of Congress making Notes a legal tender DO NOT apply to INVOLUNTARY contributions in the nature of taxes or assessments exacted under State laws...." (emphasis added) Therefore, Irredeemable Federal Reserve Notes or negotiable instruments drawn on accounts kept in Federal Reserve Notes are not legal tender for States to demand or receive in the nature of taxes or involuntary payment of assessments exacted under State laws. such as the involuntary assessed payment of a service or filing fee of the Court mandated under State law.

i can hear yall now, it says service or filin fee...but it states involuntary payment your fine is assessed at $$$, and if you look at your fed const. im sure youll find a lil thang there talkin bout no state shall make anything but...well yall no the rest of it. there is also the same wording in state consts. and for this reason the insturment fails to state a claim...

damaged party how can you get to a damaged party
? and the presentment is flawed? if YOU go past the issue YOU raise, then you allow them to pass it also. and so very very much more.

in the municipal court at XXXXX

notice of refusal

and refusal

registered mail#

NOTICE OF REFUSAL OF CONTRACT FOR CAUSE pursuant to rcsf#,frcp9(b)

(b) Fraud, Mistake, Condition of the Mind.
In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.
rcsf#, frcp 12(b)7,6.5,4,2,1 *in this order*
Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19.

the word "person" is replaced with "State National"

produce contract - no meeting of the minds, no cntract for commerce, exhibit special relationship existing between cop/s and state national.

the calibar of posters here (SJ) is so high that i aint gettin enuff sleep, so if yall dont stop postin for a few days ima sue for...erm ah duh intentional depravation of sleep, yeah thats it!!!

ill clean this up later i need some sleep yall. i got errors in this wait till i clean it up feedback anybody?

[seeker]

Good thought process -- following through.

Thanks!

Seeker

[weishaupt1776]

Originally Posted by str8razor

rules of court state and federal (rcsf) are for the uniformity of rules from state to state, so the presentments from state to state are SIMULAR to one another. since i have been here i have stated the way to win is on the face of the presentment itself.

[b]In Florida, they try to rope you in with the Florida Rules of Traffic Court

Here's some insights into them:
http://forum.suijuris.net/showpost.p...0&postcount=13

so if you go to court...

Originally Posted by str8razor

since when can a party serve summons (ticket) and appear in the case (witness)???? violation of rcsf. find your rcsf and get the rule #.

[b]Good question. I'll have to look into that. The problem is that the Judge tries to rope you in with "We follow the rules of traffic Court crap"

However, this is a possible way to change trains on their railroad:
http://forum.suijuris.net/showpost.p...30&postcount=8
http://forum.suijuris.net/showpost.p...9&postcount=11

Originally Posted by str8razor

IF you want to have fun, impeach the officer for failing to understand his job discription is. and therfore is an unrealible witness.

The problem with this approach is that you may waive your Special Appearance(SA) / jurisdictional challenges by doing that

When doing the common law default process with the writs , we don't give them anything and state that the only issue is the mandamus and then shut up.

what is your job description?

protect and serve...blah blah blah...this month its to issue traffic tickets whatever...

and your sure of that right?

yup.

is there a speical interest between the defendant and yourself or the defendant and the police in general?

erm i dont no what your sayin/no

so if i understand you right, police provide a public service by keeping the roads safe, is that right?

then point out that USSC has determined the followin...

it is a ``fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen.'' Warren v. District of Columbia, 444 A.2d 1 (D.C. Ct. of Ap., 1981).

DeShaney v. Winnebago County Department of Social Services (109 S.Ct. 998, 1989). Frequently these cases are based on an alleged ``special relationship'' between the injured party and the police
how long hes been a cop...15 years, do you have an oath of office? yes...and how long ago did u take this oath? 15 years ago...well isn't that special? and did you take the oath first, or did you expatrate first? forign agents act 1938 po pos, PAs judges represent a forign princiable.

Good stuff, but this seems like you would do this if the judge was ignoring the mandamus for damage control
________________________

the presentment is sposed to be an affidavit look on the front of the thing and find where the PA is sposed to signe.

In Florida there is no PA lest in crminal traffic proceedings

go back to rcsf and get the # for once an action has comenced no paperwork can be amended UNLESS all parties agree. or you can tell him, what i say...if you sign or otherwise amend the presentment without my agreein to the amendment i can sue you, cant i?

Good stuff, I'll have to check it out

i have a complaint ready for federal court with your name on it for voioations of your oath of office but not limited thereto, and will have the judge and officer appear as witness' against you. ***show him a copy TITLE PAGE ONLY*** and will have it filed within the hour if you do.

Niiiiiiiice.
It seems as if David Merril has a good system using a counterclaim in Admiralty at the USDC
_______________________

the instrument fails to state a claim for which relief can be granted.../courts are not allowed to take frns ref According to the United States Supreme Court in Hagar v, Rec. Dist. #108, 111 U.S. 701, “The Acts of Congress making Notes a legal tender DO NOT apply to INVOLUNTARY contributions in the nature of taxes or assessments exacted under State laws….” (emphasis added) Therefore, Irredeemable Federal Reserve Notes or negotiable instruments drawn on accounts kept in Federal Reserve Notes are not legal tender for States to demand or receive in the nature of taxes or involuntary payment of assessments exacted under State laws. such as the involuntary assessed payment of a service or filing fee of the Court mandated under State law.
i can hear yall now, it says service or filin fee...but it states involuntary payment your fine is assessed at $$$, and if you look at your fed const. im sure youll find a lil thang there talkin bout no state shall make anything but...well yall no the rest of it. there is also the same wording in state consts. and for this reason the insturment fails to state a claim..

Wow, this makes it In USDC jurisdiction from the get go, doesn't it?

damaged party how can you get to a damaged party
? and the presentment is flawed? if YOU go past the issue YOU raise, then you allow them to pass it also. and so very very much more.

Florida Constitution 1:21 says courts shall be open for the redress of injury.

So if you get into the questioning thing if the proceedings start to go south regarding the mandamus, you could ask

"Is this ticket consistent with the Constitution?"

"Do you the Judge have to comply with the constitution/"

"Are there clauses you can ignore?"

"Pursuant to Rules of Evidence(Forgot section), The constitution falls with in the criteria for mandatory judicial notice, can you ignore that?

I demand you take judicial notice of Article 1:21 pursuant to the FL ROE

Article 1:21 states says courts shall be open for the redress of injury.

Is this a court?

Whose injury are you redressing?

This is all hindsight, but here is where i got my Traffic Court cherry popped
http://forum.suijuris.net/showpost.p...82&postcount=6


Here's another approach in the works
http://forum.suijuris.net/showthread...ht=STATU TORY

Originally Posted by weishaupt1776

[b]In Florida, they try to rope you in with the Florida Rules of Traffic Court

have you joined with them weis? if not then its frcp fo u ma'man! also if you have done any recession or expat stuff thats not the place for you. mixin juris remember?

since when can a party serve summons (ticket) and appear in the case (witness)???? violation of rcsf. find your rcsf and get the rule #.

A they cant its a violation of due process.

(c) Service with Complaint; by Whom Made.
(1) A summons shall be served together with a copy of the complaint. The plaintiff is responsible for service of a summons and complaint within the time allowed under subdivision (m) and shall furnish the person effecting service with the necessary copies of the summons and complaint.

Here it says the PLAINTIFF IS RESPONSIBLE...is the officer the plaintiff or the plaintiffs witness? now after each violation you can ask fo dismissal on the grounds of said violation.

>>>http://phonl.com/fl_law/rules/frcp/frcp1.htm
Rule 1.070
RULE 1.070 PROCESS

>> (b) Service; By Whom Made. Service of process may be made by
an officer authorized by law to serve process, but the court may
appoint Any Competent Person Not Interested In The Action to serve
the process.

>>> [b]The problem with this approach is that you may waive your Special Appearance(SA) / jurisdictional challenges by doing that

A. Either ask them first to question and maintain S/A, or go on and waive it as you have guessed already...i was right bout you weis, your good!! (from readin older posts)


>>> In my denied motions, the judge said that a civil infraction has a different set of rules than in a plaintiff/defendant civil contract case.

A. and now you understand why i go with both state and federal rules, so they know from the git where the hell this is really goin.

>>> When doing the common law default process with the writs , we don't give them anything and state that the only issue is the mandamus and then shut up.

A. I cant say bout common law stuff

>>> Good stuff, but this seems like you would do this if the judge was ignoring the mandamus for damage control

A. with this stuff you need to be able to think on your feet to mix and match as they open the pie hole. There have been times when i said to the judge when he asked what i was doin there today, i said i was waittin to see who showed up for me to beat on...he smiled shook his head... its all fun if it aint fun dont do it!

>>> In Florida there is no PA lest in crminal traffic proceedings

A. STAR CHAMBER procedin’s huh? Ima look that up tonight

>>here is what i was talkin bout the pa havin to sign

Complaint
 Mechanism to state a claim, which is an instance of a class of instances which under substantive law confers a right to claim for a remedy.” An action is deemed commenced by the filing of a complaint. (FRCP 3)
 Elements laid out in FRCP 8(a):
a) short and plain statement showing grounds upon which court’s jurisdiction depends.
b) short and plain statement of the claim shownig party is entitled to relief. Ticket fails to show WHY party is entitled to relief...
c) demand for judgment and relief: monetary damages, injunction or equitable relief, decleratory judgment.
 Complaint must also raise facts showing:
a) Court’s jurisdiction
b) Description of relationship or situation of plaintiff and defendant with respect to the law which creates a duty, including relevant descriptions of the status of the respective parties.
c) Conduct which is wrongful, i.e. defendant’s breach of a duty or its conduct which the law proscribes as unlawful.
d) Actual injury and causal relationship between defendant’s unlawful actions and that injury.
e) Demand (prayer) for relief -- injunction, monetary judgment, declaratory judgment.
f) Need not state the legal rule being invoked
 Certain kinds of cases need to be pleaded with particularity, i.e. fraud. [FRCP 9(a)]
 Complaints always amendable before answer. Also amendable afterwards.
Complaints (all pleadings) must be signed by attorney or unrepresented party. [FRCP 11(a)] The signer is certifying that to the best of their knowledge, information and belief that the contents are true and formed after a reasonable inquiry under the circumstances. [FRCP 11(b)]
 By signing the attorney is asserting that the complaint is not to harass in that: FRCP 11

>>>so is traffic court tellin me that the only thin they wanna do is harASS me?

a) the legal contentions are warranted albeit not necessarily based on accurate legal analysis
b) allegations have factual support arrived at not be mere reliance on client statements but based on a reasonable investigation/”well grounded”
c) denials of fact are warranted.


>>> Wow, this makes it In USDC jurisdiction from the get go, doesn't it?

A. DANG IT ALL WEIS,...you aint no fun u done tol it all now...but yes it does. Hence frcp 12(b)

>>> Florida Constitution 1:21 says courts shall be open for the redress of injury.

So if you get into the questioning thing if the proceedings start to go south regarding the mandamus, you could ask

"Is this ticket consistent with the Constitution?"

A. The first question to ask is where is the oridgenal contract you alege enforcement of? The dirvers license, what did you agree to?

more later ima git some sleep tonight, and since NO one rebutted my suit for intentional sleep depravation...i win!!! i want a gallon of hagendas ice cream from each of you. good night. lol

sometime this week is the refusal and how it works (for me anyway)