pulled over

[mrg]

This is interesting:

Read the Gladden transcript:
http://commonlawvenue.com/Court/148-gladden.pdf

And the decision on appeal:
http://touchngo.com/ap/html/ap-1979.htm

[Smith]

I got a notice in the mail that I have traffic court on May 15th of 2006.

Went to the court house 3/06/2006 to get a copy of the complaint . The clerks looked like I had just asked for a hot potatoe NOT ON FILE yet . mmmm sounds like something is fishy. Go figure recieved a court date norice and the notice lacks a formal complaint .

How do I get this tossed for lack of perfect service?

[Akira]

Smith,

I think I can use some of the docs to corner them in a special appearance which I must motion for to challenge juristiction

If you're going to challenge jurisdiction, the last thing you want to do is file a motion with the court. The act of filing the motion would submit you to their jurisdiction !

See: Weis' thread - In Personam Jurisdiction

Also, do a search for all threads involving Ticket Slayer (or TS), Clyde Hyde, and common law default, and start reading.

Find your winning point and stick to it... If you have found something fatal to their case... go with it.

In my experience, the TS docs are the most cost effective approach, although, it uses a motion to dismiss. If you choose this approach, you had better know what you're doing. The MtD is there only to provide a convenient escape for the judge. He really has no choice but to dismiss, once the PA has defaulted. If you must use an MtD, rename it Petition to Dismiss.

Recently, I defaulted the PA in a criminal case, and did not file a PtD. This left the court only one other escape, and the PA promptly dropped the complaint ! No arraignment hearing... no entering a plea, nothing. I never had to appear in court.


For HIS Glory,
Akira

[Smith]

complaint was filed today 3/10/2006 by PA.
I have yet to recieve a copy.


Since it appears that this judge and PA are gonna be a problem I need some case info with information on tearing up the cops testimony.


My steps that I am gonna take:


1 : get copy of complaint

2: serve ticket slayer docs give them "EXTRA" time figure 30 days instead of 20 to respond to first part

3: follow through with ts docs

4 back up plan for court incase THE DUMB SOB REFUSES THE SUPREME COURT CASE LAW AND CONSTITUTIONAL GROUND FOR DIMISSEL

5: have a way to destroy the cops tesamony


any help would be appreciated think of this as a group effort any procedures here will be noted if they work or if they do not so we can try again when we come to that.
\


thanks

[Smith]

Well , crap after having served the pa's office and court clerk the TS documents and not getting an answer . I still get to goto court . This does not sound like fun. Gonna stick to my TS documents .

Wish me luck and please pray for me. court is schedualed for monday the 15th 2006 at 9:30 am.

I am gonna wing it take a bunch of USA supreme court cites and ask them how they are above the us sup court . and if threatened with contempt . ask the judge why he is threatening me with violence for asking a few questions.
make sure I ask him how he is gonna rule on my writ of mandamus


if I end up in jail, it could be a problem for I do not have a backup plan . and my wife thinks I am crazy for even doing this.

not to mention I am the sole support of my family and have no way of getting out of jail other then more paper work .

[weishaupt1776]

Alright, I said some prayers at 9:00 a.m. Let's see waht happens

[Smith]

Well, I did not end up in jail .

I did however manage to get 3 hours of court time. lol sarcasm

The Judge admitted that a drivers licence is a contract , but when I ask him to explain he proceded to change the subject as well as the tone of the hearing .

The ticket slayer papers where for the most part ignored.

The SOB refused to even discuss Yic Woe vs Hoskins as well as the other supporting documents.

As soon as I find a working scanner I will post the docs that I got from the court .

Either it was pay up or goto jail at the end of it all .

It just goes to say the maxium :

" necessity knows no law" to translate from the latin

the officer's log did not match the time frame that he reported , the times on the citation and the log where in valid not the same location or time

the officer from hereon ******* " AH " admited while he could explain how a radar works he has no IDEA on the technical principles involved

AH could not identify if I was factually in a state he thought it was the ground

I made him read the defination just for fun , because it was at that point I relized that I had missed something important .

while I am new at this I figured if I stuck to my TS docs and tried to get the judge to reconize them they where in evidence ,but he fed me some line of them not being valid etc etc

I guess I do not know exactly how to explain what all happened . I did however have a few EXTRA poeple in the Court room as observers.

The SOB told me if I wanted to appeal I had to pay a $125 FILING FEE , I do not see how; since it was in evidence that I reserved all my rights including the right to file appeal without charge.

Since I am Broke from paying a fine to stay out of jail and am not to familiar with the appeals process to file and have no $$ for a filing fee I guess til I get more info on procedures and or MONEY so I can follow through I will research other avenues of defence .

I guess I have got my $120 worth now if anyone is willing to educate me on more procedures I would be gratefull for all the info I could get .

I have called Greg and I have got his machine 2 time now . I am not interested in a refund as they claim you get if it doesn't work rather info on how to get the SOB to admit he was wrong and to tell the AH to go F*** himself

I think it was a very good educational experence for the time and research involve and an eye opener of how the SYSTEM really works.

[Livefire]

I would see if you could file in forma pauperis.....you have the right to appeal BY RIGHT not leave. The only requirement is that you pay a bond in the amount of the fine in most cases.

[kmcarr]

Originally Posted by Smith

The Judge admitted that a drivers licence is a contract

DING DING... And you are nice enough to carry a copy of the contract around with you so they can prosecute you with it. No prob dude, scrap that contract...86 that sucka. Silly, confused folks like me even used to say that that contract with the photo on it was me. No mas! Please understand that I am on your side on this but, the Judge and Officer AH were just doing the job you asked them to do, enforce the contract. Thats all. Way to go standing up for yourself. The same deal happend to me HERE.
So well done standing up for yourself. Study, Study, Study and figure out what went wrong and fix it for next time.

[weishaupt1776]

Originally Posted by Smith

Well, I did not end up in jail .

I did however manage to get 3 hours of court time. lol sarcasm

The Judge admitted that a drivers licence is a contract , but when I ask him to explain he proceded to change the subject as well as the tone of the hearing .

The ticket slayer papers where for the most part ignored.

The SOB refused to even discuss Yic Woe vs Hoskins as well as the other supporting documents.

with the benefit of hindsight, one should ask the court "Have you read my paperwork before this proceeding"?

Hold him to a yes or no and no other answer

Call for a recess for the judge to read the paperwork
If NO, then . .
Inform him that you are being being denied due process because the judge has failed to read your paperwork prior to this proceeding and now you need to take leave of court to prepare the necessary paperwork for his disqualification because you are being rushed to judgement.

Originally Posted by Smith

the officer's log did not match the time frame that he reported , the times on the citation and the log where in valid not the same location or time

the officer from hereon ******* " AH " admited while he could explain how a radar works he has no IDEA on the technical principles involved

AH could not identify if I was factually in a state he thought it was the ground

I made him read the defination just for fun , because it was at that point I relized that I had missed something important .

The TS docs are mainly an inpersonam Jurisdiction challenge and by you going to the merits you converted it into a general appearance and waived your inpersonam challenge by going to the subject matter.

Originally Posted by Smith

while I am new at this I figured if I stuck to my TS docs and tried to get the judge to reconize them they where in evidence ,but he fed me some line of them not being valid etc etc

Yup, you should've held him to it. "whay aren't these valid?"
How?
What criteria?
are there express prohibitions against this process?
the common law of England is still in force and effect, right?
Is there a statute which abrogates the common law default procedure?"

Smith, did you get the mandamus and everything in, or were you caught in the moddle of the process?