Court Appearance by Writing?

[summergarden]

This is my first posting. Love the site and feel like a baby in a candy store. Need advice on how to proceed. Only have til 11/22 (court). I'm working hard to be sui juris & not become chop sui. Was stopped by POfor turning right on residential 2way street with sign posted NO RIGHT TURN coming out of a Post office driveway. Lady PO said- do you know you made a right turn out of the driveway and the sign says NRT. "Yes", I do it all the time. There's no posting of any codes like there are on other signs that show that there is authority for the sign, and I've always had the understanding that where there is no authority posted, it's only a suggestion....." silence by PO"

Next, she says let me see your DL. so I start fishing around in my purse for like 30 seconds and pull out a card that I made up and laminated years ago, with my picture, physical characteristics, birthday," my signature, and in bold CAPS it shows the name of the neighborhood organization I used to give voluntary dues to. Since most things of that nature have a number. I gave it one. The number I gave it was a number I received when I filed my "Revocation of Power of Attorney" that rescinded my signature on all government and quasi-government do***ents for various elements of fraud, back in '94 with the Office of the County Recorder. Lady PO looks hard at the card and says "don't you have a DL?" I say, "why would I need one of those...I'm not a driver". I bend down to open a draw under the "guest" seat and pull out the Statutes of California and say "look"...."I'm only transporting myself and my property and I'm not transporting any persons or property for hire and compensation"......"here's the intent of the legislature"... Then the PO asks, do you have a State ID?. I say "no"..."here's a copy of the DMV application too!" to get State ID, as you can see....you have to give a SSN, before you can get a State ID or "Original Commercial Driver License". "PO" just glances at the papers. Next, I'm asked for the registration. I take out the registration. The "vehicle" is not registered to me. (I have a Bill of Sale though) "PO" looks at it and observes me, and says..." you aren't wearing your seat belt and takes the card and registration and walks back to her squad car. Minutes later, comes back holding the"offer" . I always have a fear of people wearing guns, and alot less equal of defending myself, so when the "offer/draft" (Notice to Appear) Bill? was presented to me for my signature. I started writing. It must have seemed to take a long time...because she ordered me to make sure I was signing "[b]in the box"[b] . How could I possibly write "without prejudice, UCC 1-207.....and.... my signature in the box. So, my signature is out of the box. I was finally abandoned by the PO.

At home, I saw the only thing she cited violated was 27315(d)(1) of the CA VC. I checked the Barclay's Official Code of Regulations, Master Index, Table of Statutes to Regulations, and sure enough.....it wasn't there. In fact a whole bunch were missing after 27314. I copied the Government Code Sec. 11344.6, along with the cover sheet from the Official Code of Regulations, and the Master Index, Table of Statutes where the pertinent part was presumed to exist ( that is, according to the VC Publication) published and copyrighted by DMV ) and transported myself down to the LAPD Division and asked to speak to the head of the Department. The head man ( I was told ) would come out and talk to me. I showed the papers to the desk officer, and much not to my surprise, he replied that he'd never seen the Statutes to Regulations before.

Shortly, afterward, a Sergeant appeared and I informed showed him the evidence of no enforcement regulation for that VC and asked for a hearing for
an administrative remedy to dispose of the presentment properly. He
appeared to read those papers and said he was powerless to dispose of it, since once it was written up, the resolution for the issue... is court.

I have no fondness for court. Later that day, I bonded myself with 21 silver dollars, drafted an Asservation, had it notarized.... It's hard to find a Notary
with no State ID, but fortunately the Notary knew of 2 witnesses that knew me, and I got it done. Before 72 hours passed, I wrote on the "offer/draft", the date received, the date returned, and accepted it for value, but explained it was being returned for failure to state a claim upon which relief can be granted....in red ink, with the fictitious name it was issued to, printed in all caps and underneath, By: my full given, family name. The original was sent to the PO at LAPD with a copy of the Bond and Asseveration by registered mail, and a copy was sent to the court....also registered.

Looking even closer at the "offer/draft", finally popped up at me that the Lady PO had put my Revocation of Power of Attorney recorder's number in the space that identifies a "Driver License", as if I had one. Isn't that a little fraudulent?

Additionally written was the name of the previous owner and the address of the previous owner of record that the PO took from the registration slip,
and checked off, that state" same as Driver". Isn't that a little fraudulent?

Would you believe an LAPD "Peace Officer" would be capable of entering such false information on a do***ent that is filed with the court? Additionally, according to the "alleged" law of the VC, according to Section 625, the PO's "exclusive and main purpose" on duty, is to enforce Division 10 and 11.
Looking at the VC evidences that 27315(d)(i) is in Division 12.

Another big surprise I found, in looking through the VC ....the new one(2005)
is that the California Highway Patrol provided a guide in Appendix B (at the back of the book) In pertinent part, it states " The following list has not been codified and does not carry the force and effect of statute." Is 27315(d)(1) there. YES!!! IT IS!!! It is very confusing that in big black bold all caps print, LIST OF VIOLATIONS OF THE VEHICLE CODE is written, while it warns in the body that the following list has not been codified and does not carry the force and effect of statute. Wouldn't that confuse anyone who bothered to read the back of the Code Book?

I want to stay out of jurisdiction, out of the court. I returned mail recently from the court that was sent to that all caps, last name first, etc. legal fiction that is not located where the mail was sent.

There is another thought that I've been toying with that comes from the VC itself at Section 40903(a) Failure to Appear: Trial by Written Declaration
"Any person who fails to appear as provided by declaration may be deemed to have elected to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code.

One other thing, is that I also telephoned the DMV and asked for a hearing and when the interviewing employee (whose conversation I have on tape...of course I told him I taped it and said I would like to use it in court... he didn't say no .... so that must mean YES,) asked me for my DL, and I told him I didn't have one, he asked what the (alleged) violation was, and when informed, said "oh, that's for seat belts... we don't give hearings for seat belts". So, pressing on, then when I asked him what (alleged) violations DID the DMV give hearings for , and the accommodating gentleman said that the DMV only gives hearings to licensed drivers or drivers whose licenses have been revoked, suspended, etc.

I just can't understand why they don't want me in their jurisdiction to give me a hearing. Certainly the court appears to want me in their jurisdiction and the PO wanted to give the court the business.

So does anyone have any thoughts on the matter , I'm still learning and court is not very... appealing. Freedom and principle are my "driving" motives.

Summergarden.....

[wisper]

You say you are new, wow, sounds like you are pretty well versedI have watched the site for a long while, but only joined a couple months ago.

[xroader]

About 20 years ago I had a PO give me a "ticket" for "faulty equipment" in a state 1000 miles away from where I lived. I proved on the spot the equipment was not faulty. He proceeded to write the ticket anyway but kept calling me by a different first name than was on my DL. I questioned him about that and he ignored my questions pointedly repeating the wrong first name. I was young and not too swift and didn't understand what he was trying intimate. He also wrote the wrong name on the ticket and about appologized for having to write the offer but had no option as his boss was down the street watching.
The subsequent mail about the ticket to the address of record had the wrong first name on it, and was returned as no one by that name lived there.

Perhaps similar here?

x

Originally Posted by summergarden

There's no posting of any codes like there are on other signs that show that there is authority for the sign, and I've always had the understanding that where there is no authority posted, it's only a suggestion....." silence by PO"

>>good one

Next, she says let me see your DL. so I start fishing around in my purse for like 30 seconds and pull out a card that I made up and laminated years ago, with my picture, physical characteristics, birthday," my signature, and in bold CAPS it shows the name of the neighborhood organization I used to give voluntary dues to.

>>why bother? i dont normally when they ask i just tell them if i aint got tags on the car what makes you think i would have a dl? we talk i show them why and what i believe and they most of the time give me only one out of the 4 or 5 tickets they could give me.

Since most things of that nature have a number. I gave it one. The number I gave it was a number I received when I filed my "Revocation of Power of Attorney" that rescinded my signature on all government and quasi-government do***ents for various elements of fraud, back in '94 with the Office of the County Recorder.

>>when you returned the offer for cause tell me you DID include a copy of your revocation with it. and havin had the revocation done and filed you did send a copy to the chief of police the mayor and of course the city prosecutor also that you did copy the offer so you could use it later like when you found the vc you needed?

snip

I have no fondness for court. Later that day, I bonded myself with 21 silver dollars, drafted an Asservation, had it notarized.... It's hard to find a Notary
with no State ID, but fortunately the Notary knew of 2 witnesses that knew me, and I got it done. Before 72 hours passed, I wrote on the "offer/draft", the date received, the date returned, and accepted it for value, but explained it was being returned for failure to state a claim upon which relief can be granted....in red ink, with the fictitious name it was issued to, printed in all caps and underneath, By: my full given, family name. The original was sent to the PO at LAPD with a copy of the Bond and Asseveration by registered mail, and a copy was sent to the court....also registered.

>>it seems we do things a lil bit different but i think you did wonderful

Looking even closer at the "offer/draft", finally popped up at me that the Lady PO had put my Revocation of Power of Attorney recorder's number in the space that identifies a "Driver License", as if I had one. Isn't that a little fraudulent?

>>NO! thats FRAUD UPON THE COURT committed by the officer see if you have any statutes for that there...and learn to have fun in court...it really skruws up their day.


Additionally written was the name of the previous owner and the address of the previous owner of record that the PO took from the registration slip,
and checked off, that state" same as Driver". Isn't that a little fraudulent?

Would you believe an LAPD "Peace Officer" would be capable of entering such false information on a do***ent that is filed with the court? Additionally, according to the "alleged" law of the VC, according to Section 625, the PO's "exclusive and main purpose" on duty, is to enforce Division 10 and 11.
Looking at the VC evidences that 27315(d)(i) is in Division 12.

Another big surprise I found, in looking through the VC ....the new one(2005)
is that the California Highway Patrol provided a guide in Appendix B (at the back of the book) In pertinent part, it states " The following list has not been codified and does not carry the force and effect of statute." Is 27315(d)(1) there. YES!!! IT IS!!! It is very confusing that in big black bold all caps print, LIST OF VIOLATIONS OF THE VEHICLE CODE is written, while it warns in the body that the following list has not been codified and does not carry the force and effect of statute. Wouldn't that confuse anyone who bothered to read the back of the Code Book?

>>yea im doin some tickets for a firend of mine and i see the statutes have changed here also...hmmmmmmmmmm wonder wots up?

I want to stay out of jurisdiction, out of the court. I returned mail recently from the court that was sent to that all caps, last name first, etc. legal fiction that is not located where the mail was sent.

There is another thought that I've been toying with that comes from the VC itself at Section 40903(a) Failure to Appear: Trial by Written Declaration
"Any person who fails to appear as provided by declaration may be deemed to have elected to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code.

>>its called entry of appearance, its when attorneys at the start of the case the first thing they put in is an entry of appearance. it tells the judge who the players are. i have done this before but decided against using it as it gives gen juris to the court unless stated otherwise.

One other thing, is that I also telephoned the DMV and asked for a hearing and when the interviewing employee (whose conversation I have on tape...of course I told him I taped it and said I would like to use it in court... he didn't say no .... so that must mean YES,) asked me for my DL, and I told him I didn't have one, he asked what the (alleged) violation was, and when informed, said "oh, that's for seat belts... we don't give hearings for seat belts". So, pressing on, then when I asked him what (alleged) violations DID the DMV give hearings for , and the accommodating gentleman said that the DMV only gives hearings to licensed drivers or drivers whose licenses have been revoked, suspended, etc.

I just can't understand why they don't want me in their jurisdiction to give me a hearing. Certainly the court appears to want me in their jurisdiction and the PO wanted to give the court the business.

So does anyone have any thoughts on the matter , I'm still learning and court is not very... appealing. Freedom and principle are my "driving" motives.

Summergarden.....

>>you did well, relax and be watchful...

raz

[weishaupt1776]

Looks like you know what you are doing. I think all that's left is for you to ign your own order as The Court of Competent Jurisdiction

Use those as search terms in the advanced section of the site

type in David Merrill in the "posts by" section

[Akira]

summergarden

Good post !

If you did your Revocation of Power of Attorney, back in '94, you have a jump start on most of the people here... lol


Could you elaborate on bonding yourself with 21 silver dollars, and some of the language in your asservation, please ?


For HIS Glory,
Akira

[summergarden]

Hi Akira:

Back in 92, I met a friendly gentleman in a coffee shop, while waiting for my friend to show up. We started talking. He had become a citizen a while back and while doing so, really started studying the Constitution, and said he knew more about it than most Americans. I had to agree that I, as an American knew very little.... almost next to nothing. He had an office in L.A. and an organization ...US Constitutional Research. I gave him my number and for the next several months, I got calls to come up and see a video. Finally after about 5 or 6 months, I went up there with my son. It was the first time I'd ever heard of or seen Phil Marsh. He was one of the pioneers who found the income tax revolting!

Not long after that, he made a video called "America the Fed and the IRS". That knocked me out. Totally turned my life around. Started attending seminars and all kinds of forums to learn more. So over the years I've tried to acquire knowledge. Bit by bit.

I just recently learned about the 21 Silver Dollar Bond and the Asseveration (like a Affidavit) If you've had any experience with the UCC-1 filings, one I did around '2000 that was circulating, had a Surety Bond, this is slightly different.
SILVER SURETY BOND
Your county
Your state

I,___________, do hereby enter myself security for costs in the cause, and acknowledge myself bound to pay or cause to be paid (effect payment) all costs which may accrue in such actions upon proof of claim and proof of loss to any party injured by any UNBONDED claim presented against ____your name___ (copyright symbol here). And, I, ____your name____ underwrite with my private exemption, YOUR ALL CAP LETTER NAME HERE (copyright symbol here) _____ssn here______, as such costs that may be proven.

Dated this ____day of __________, 2005.

Your full autograph here
Full name Upper & Lower caps, Agent

Actio non datur non damnificato
-------------------------------------------------------------------------
Maxim means an action is not given to one who's not injured.

So, I had it Notarized, and I've used it with my Asseveration with a State Agency that was bugging me about 2 months ago that had a City Attorney write to me, and three days later I sent these in reply to the letter, informing that I accepted her Oath of Office for value, but was returning her presentment for failing to state a claim upon which relief can be granted, and under separate cover told her that I not only accepted her offer for value but that now she is contracted with me to protect my rights under the Constitutions. I haven't heard from her yet. Maybe she didn't want to work for me for free?

I'm only really a few days old on this site, but have been reading lots of the postings you've done...... Good job!

Summergarden

[fulltitle]

WITHOUT PREJUDICE
A non-statutory abatement for misnomer is probably the best way to go...