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  #1  
Old 03-14-2006, 09:38 PM
spf15
 
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Can this ticket be dismissed?

I got a speeding ticket yesterday. I live in Ontario,Canada. I am Chinese and my Chinese name is my middle name on my driver's license. Just using a random name as an example. Let's say my driver's license says...

Lee,
John, Kawn Hoi

Lee would be the last name. John is the first name. And Kawn Hoi would be my middle name(Chinese Name).

Now, on the speeding ticket. Where it says last name. The officer put "Lee", which is correct. But in the Given Name field, he put "John Kwan". and for Initials, he put H (for Hoi).

Any possibility I can get this dismissed, since my given name should really be "John" and Initials should be KH?
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  #2  
Old 03-14-2006, 09:48 PM
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Livefire Livefire is offline
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Either use the ticket slayer method to default the prosecutor OR file an abatement due to the misnomer (wrong name) on the ticket. If you wait til your court date and answer to the wrong name, the court will presume the ticket is correct and find you guilty.
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  #3  
Old 03-14-2006, 09:58 PM
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charlesa6 charlesa6 is offline
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Spf15, welcome to the forum!

The Answer is NO. They can right your name in any divergence As long as your Driver license # inserted correctly on the citation ,and DL attached to the copy file by the police department for court record.
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  #4  
Old 03-15-2006, 03:12 AM
idknow idknow is offline
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Quote:
Originally Posted by spf15
I got a speeding ticket yesterday. I live in Ontario,Canada. I am Chinese and my Chinese name is my middle name on my driver's license. Just using a random name as an example. Let's say my driver's license says...

Lee,
John, Kawn Hoi

Lee would be the last name. John is the first name. And Kawn Hoi would be my middle name(Chinese Name).

Now, on the speeding ticket. Where it says last name. The officer put "Lee", which is correct. But in the Given Name field, he put "John Kwan". and for Initials, he put H (for Hoi).

Any possibility I can get this dismissed, since my given name should really be "John" and Initials should be KH?

did your parents name you with initials or full names?

your name is NOT H.

That is misnomer, and abatable as in send notice of abatement.
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  #5  
Old 03-15-2006, 04:26 AM
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KingC KingC is offline
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If u can try pulling up any treaties between Canada and China that puts any issue with you in to a consular court.

Use the ticket default process. i just brought up the treaty thing cuz it will scare them if u use it the right way.
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  #6  
Old 03-15-2006, 06:31 AM
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David Merrill David Merrill is offline
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Quote:
Originally Posted by spf15
I got a speeding ticket yesterday. I live in Ontario,Canada. I am Chinese and my Chinese name is my middle name on my driver's license. Just using a random name as an example. Let's say my driver's license says...

Lee,
John, Kawn Hoi

Lee would be the last name. John is the first name. And Kawn Hoi would be my middle name(Chinese Name).

Now, on the speeding ticket. Where it says last name. The officer put "Lee", which is correct. But in the Given Name field, he put "John Kwan". and for Initials, he put H (for Hoi).

Any possibility I can get this dismissed, since my given name should really be "John" and Initials should be KH?

I am guessing LEE, JOHN, KAWN HOI rather than:

Quote:
Lee,
John, Kawn Hoi

Look again. Did you sign for an all upper case entity?

So you might try this tactic in common law and contract principles. Renew your license and sign with exactly what your parents named you, even scratching that in Mandarin followed by "dba" (doing business as) and "LEE, JOHN, KAWN HOI" exactly as it appears on the card. You can even file a standard "DBA" statement at the county clerk and recorder. Show a certified copy to officers if they inquire about the signature on the drivers license.

If you are up for a good fight then try some of the suggestions above. I recommend you just pay this ticket off and in the future the truth will speak for the God-given unalienable rights inherent in the man. You will identify yourself properly. The post above is correct about curing jurisdiction by appearing for whatever. Only the man identified at the onset of contract has the right to change his mind within 72 hours Refusal for Cause (and that would be without even mentioning the misnomer on the papers).

Likely history will repeat itself and your new license will be stolen and sent back to DMV and they will change out all the digital signature pads for smaller versions that make it impossible to read if you try putting all that dba stuff onto the license card. But some of you may agree that in the corporate State of Colorado that was an amusing event to watch!

http://friends-n-family-research.inf...and_Decree.rtf

That same suitor went to the secretary of state on May 2 and demanded a Certificate of Fact that John Suthers had no oath of office filed there. They said they would get in too much trouble if they provided a CoF about that. He said they had until he returned on May 3 to comply with thier mission statement to provide such information. They called him on his way back from Denver and said John had faxed them an oath but that would not do for certified copies. By the next afternoon when he returned...

http://Friends-n-Family-Research.inf...9;_AG_oath.jpg

Understand that John only had 30 days to get that filed according to the State constitution. His office is vacant and the suitor still enjoys freedom, coming and going as he pleases. (Well, there is a bit of harassment from ignorant officers but that is a lot of typing right there.)



Regards,

David Merrill.

P.S. Please share with us the experiences you have, whatever methods you choose. If you find the results of "dba" interesting then just adopt it generally for endorsement whenever you are doing business for any legal fiction. And when it is just you doing the business, which you are allowed to do, simply sign true name with your thumbprint for a signet and identifier. Change the Authorizing Signature on your Signature Card at the bank and in theory the bank has to get a judgment before diversion (not a Notice of Lien or Levy).

Last edited by David Merrill : 03-15-2006 at 06:51 AM.
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  #7  
Old 03-15-2006, 07:12 AM
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charlesa6 charlesa6 is offline
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Quote:
Originally Posted by David Merrill
I am guessing LEE, JOHN, KAWN HOI rather than:



Look again. Did you sign for an all upper case entity?

So you might try this tactic in common law and contract principles. Renew your license and sign with exactly what your parents named you, even scratching that in Mandarin followed by "dba" (doing business as) and "LEE, JOHN, KAWN HOI" exactly as it appears on the card. You can even file a standard "DBA" statement at the county clerk and recorder. Show a certified copy to officers if they inquire about the signature on the drivers license.

If you are up for a good fight then try some of the suggestions above. I recommend you just pay this ticket off and in the future the truth will speak for the God-given unalienable rights inherent in the man. You will identify yourself properly. The post above is correct about curing jurisdiction by appearing for whatever. Only the man identified at the onset of contract has the right to change his mind within 72 hours Refusal for Cause (and that would be without even mentioning the misnomer on the papers).

Likely history will repeat itself and your new license will be stolen and sent back to DMV and they will change out all the digital signature pads for smaller versions that make it impossible to read if you try putting all that dba stuff onto the license card. But some of you may agree that in the corporate State of Colorado that was an amusing event to watch!

http://friends-n-family-research.inf...and_Decree.rtf

That same suitor went to the secretary of state on May 2 and demanded a Certificate of Fact that John Suthers had no oath of office filed there. They said they would get in too much trouble if they provided a CoF about that. He said they had until he returned on May 3 to comply with thier mission statement to provide such information. They called him on his way back from Denver and said John had faxed them an oath but that would not do for certified copies. By the next afternoon when he returned...

http://Friends-n-Family-Research.info/FFR/Merrill_John_Suthers'_AG_oath.jpg

Understand that John only had 30 days to get that filed according to the State constitution. His office is vacant and the suitor still enjoys freedom, coming and going as he pleases. (Well, there is a bit of harassment from ignorant officers but that is a lot of typing right there.)



Regards,

David Merrill.

P.S. Please share with us the experiences you have, whatever methods you choose. If you find the results of "dba" interesting then just adopt it generally for endorsement whenever you are doing business for any legal fiction. And when it is just you doing the business, which you are allowed to do, simply sign true name with your thumbprint for a signet and identifier. Change the Authorizing Signature on your Signature Card at the bank and in theory the bank has to get a judgment before diversion (not a Notice of Lien or Levy).
Yep!! make sense.
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  #8  
Old 03-15-2006, 09:39 AM
spf15
 
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I think I will try Livefire's suggestions of trying to default the prosecutor and file an abatement due to misnomer(can I do both?). Also, since I live in Ontario,Canada, are the procedures for the 2 processes the same as the US's? I am only 17 and don't get a lot of this legal stuff. I just really don't want the points since they're gonna raise my insurance. Thank you for all your help so far.
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  #9  
Old 03-16-2006, 08:22 AM
spf15
 
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Does anyone know if Canadian law has the same process as American law? And if i file an abatement for misnomer, I can still default the prosecutor?
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  #10  
Old 03-17-2006, 02:25 AM
idknow idknow is offline
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Quote:
Originally Posted by spf15
Does anyone know if Canadian law has the same process as American law? And if i file an abatement for misnomer, I can still default the prosecutor?

Spf, you have to learn the laws that are applicable in your community.

We can't do it for you, even if we have Canadians among the Membership.

Please google and find where that law is digitised.

and become an active member here and show us what you learn.
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