How To Beat A Speeding Ticket

weishaupt1776 · #1 03-04-2006, 09:26 AM

http://jesbeard.com/29ab.htm
Here is a link to an attorney with some good (and some not so good) advice on how to handle tickets from the stop to the court case.

You will notice that he skips pretrial motion practice except for discovery and is generally pretty wimpy even at that. But some of his advice on handling the situation roadside is pretty good. Some of his evidentiary work explanation is pretty good.

He accepts jurisdiction without a fight. There's no mention of how complaints are to be filed and why a ticket isn't a complaint. He basically starts with the presumption that you will be in court.

We, of course, begin waging war immediately so that by the time they might get us into court, they are continuing to throw money into a money pit cause--something that they are loathe to do.

KITCHIE · #2 03-04-2006, 11:07 AM

Weis,

Isn't the idea not to get a ticket at all?

If you are not in commerce then you would NEVER use any of that stuff from the cite you provided.

I am going to be taking a drive through California specifically to get the attention of a CHP there. I believe I will have the same outcome that I do in Nevada. Not in commerce i.e. they have no jurisdiction.

I told (someplace else here) about my friend did in UTAH what I am doing and he left with no citation. That was in the 2 week in Feb this year. In the second week in DEC '05 my friend got a ticket for window timt in Utah. My friend lives in Nevada and was traveling thru Utah.

Kitchie

weishaupt1776 · #3 03-04-2006, 02:08 PM

Yup, i totally agree w/you 100%. I believe that politely informing them that you are not driving in commerce today is the best start after they ask for THE license.

I love the other part where we could say, " If I were in commerce today, I would bring "A" license with me, however, I am not driving in commerce at this moment"

Definitely the way to go from the git go - - no doubt.

But one best have some IF-THENS and PLAN A/PLAN B's and be ready to blast these suckers with some paperwork

mystic one · #4 03-15-2006, 01:30 AM

Wiespaut , Kitty..

Will a cop let you go if you simply state your not in commerce today and he cant write you a citation?

will the fact that you have a plate registered be incriminating, since it is registrated and you try to get out of the citation by stating that is not you??

Do you have plates made that says not in commerce, or can you have plates and simply state , not in commerce, and have your plan "b" of providing a d/l/ reg. in case he tries to tow it? or you just let them tow it and fight it with the paper dueling.. i know you have to have a strong premise whatever route you take. any suggestions?

Livefire · #5 03-15-2006, 07:26 AM

mystic one,

You can always say that you do operate in commerce from time to time and therefore have a license and plated vehicle for those purposes, but are not operating in that capacity when you are traveling on the common ways as a man/woman of the land. Kitchie uses that explanation when pulled over and I believe she has been
flagged in the system as a "person" to be left alone.

Akira · #6 03-15-2006, 08:58 AM

mystic one,

If you're going to walk this walk... don't do it half way... you'll only be setting yourself up for headaches.

When you register your auto with the state and attach their flags (plates), it becomes their property, and is therefore, subject to their rules. Even without plates, the officer will likely run the VIN #'s, and if it comes up on his list, he will presume authority.

Check your registration and / or inspection sticker... it says 'motor vehicle', right? You have just labeled your private conveyence, a commercial vehicle!! In doing so, you have subjected the 'vehicle' and yourself, to all the regulations relevent to commercial vehicles (registration / sticker / insurance / and a 'licensed operator') including their ability to tow it.

If you're going to travel, in your private conveyence, then you need to dedicate an auto to / for that purpose. (no sticker / plates / reg ) Write 'junked' on the reg and sent it to the DMV, so they will remove it from their 'property list'

A savvy sovereign could definately still travel in a commercial vehicle w/o a license, and still win in court.... but then you'd have to win w/ predjudice or sue to get back the money you spent on impound charges, lost wages, ect...

You'd be much better off to find a cheap junker and dedicate it to the cause.. and if they tow that... no big deal. Once the local LEO's know you, you can risk setting up a decent car for traveling.

To do otherwise, isn't worth the aggravation.

For HIS Glory,
Akira

Quote:

Originally Posted by mystic one

Wiespaut , Kitty..

Will a cop let you go if you simply state your not in commerce today and he cant write you a citation?

will the fact that you have a plate registered be incriminating, since it is registrated and you try to get out of the citation by stating that is not you??

Do you have plates made that says not in commerce, or can you have plates and simply state , not in commerce, and have your plan "b" of providing a d/l/ reg. in case he tries to tow it? or you just let them tow it and fight it with the paper dueling.. i know you have to have a strong premise whatever route you take. any suggestions?