
04-25-2006, 12:13 PM
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Help -- Fast
Hi All,
I got a speeding ticket in Orange County, CA -- NO I WAS NOT SPEEDING!
Regardless - I did not have the papers with me -- Insurance & registration -- he did not write me for registration (I have a tag)
I asked the thug if I was under arrest. He said NO!
When it came to sign the ticket I asked
"WHAT HAPPENS IF I DON'T SIGN?"
"YOU WILL BE ARRESTED" he said
"SO THIS IS A RELEASE FROM ARREST? RIGHT"
"YES" he said
"SO AM I UNDER ARREST?" I asked
"NO... "
I added "NOT UNDER ARREST!" next to my signature. He went crazy, erased the added wording AND after the ticket was signed, added the registration infraction...
"YOU ARE MODIFYING A DOCUMENT AFTER I SIGNED IT! IT'S ILLEGAL !" I said
"YOU HAVE TO FOLLOW INSTRUCTIONS!" he said..
Anyway, I heard of procedure by which one can send the ticket back to the officer -- within a certain period -- and anull the contract.
Any body knows anything about this method?
Obviously, time is important. Please respond fast
Many Thanks
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04-28-2006, 01:29 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,417
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It's fraud. Common law has 5 day refusal for fraud
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04-28-2006, 07:00 PM
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Come and Get Some!
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Join Date: Oct 2004
Posts: 1,549
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I admire your moxie in standing up for yourself! Question...Did you attempt to sign the citation with a pencil???? You said he erased it.....Lesson for all of us here....keep a red ink pen handy when you travel upon the roads, that way you can sign any document indeliably. And...write in big letters all over the citation your signature with accompanying endorsement making it impossible to alter without destroying the document. The idiot has 2 choices...file the ticket like the good little mindless dirtbag that he is or take you to see the magistrate where you can report his criminal activity.
You can try abating the matter for cause i.e. cop committing fraud and false arrest. Ticket Slayer is also a good route to go as well...btw the judges retirement fund in CA profits from traffic citation revenue so you can use this as well.
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04-28-2006, 08:49 PM
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Mental Jujitsu
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Join Date: Oct 2004
Location: Terra
Posts: 601
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__________________
At Arms-length.
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04-30-2006, 01:45 PM
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Refusal For Cause
Hi & Thanks to all,
After I posted, I found Weis's REFUSAL FOR CAUSE.
I immediatly adopted it and sent it in certified with a third party proof.
The thug erased the words that written with pen by marking it over (like overstrike in print)
I gave him till May 6th to answer..
What should be done if he sent it back or files it with court anyway?
Can Ticketslayer be used if this fails?
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04-30-2006, 02:47 PM
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Come and Get Some!
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Join Date: Oct 2004
Posts: 1,549
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Yes it can...just make sure demand a formal on the record hearing when you file the initial docs. Magistrate run informal hearings cannot address the issues of the TS docs and you will have to appeal to a court of record anyway.
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04-30-2006, 08:18 PM
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Practice Makes Perfect
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Join Date: Mar 2005
Posts: 338
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....................
Last edited by mikah2k : 12-10-2006 at 08:47 AM.
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04-30-2006, 08:42 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: Illinois(chi-town)
Posts: 5,076
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Quote:
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Originally Posted by mikah2k
Livefire,
If BenGera hires a transcriber (court reporter) who accompanies BenGera to the hearing, then the court would become a court a record would it not?
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Yes indeed. Mostly, hire court reporter cost about $150.00 dollars per section, and $3.00 dollars for copy of a transcript.
__________________
Resolution pending
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04-30-2006, 08:46 PM
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Come and Get Some!
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Join Date: Oct 2004
Posts: 1,549
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mikah,
I was told by a magistrate back in 2004 that issues of sovereignty would have to be taken up at appeal. That was quite an eye opener for me. When I went back to court concerning another citation, I wrote all over the citation in red ink "FORMAL HEARING DEMANDED. BY SPECIAL APPEARANCE WITH ALL RIGHTS RESERVED W/O PREJUDICE" then submitted TS docs. This time I kicked their sorry butts and was granted dismissal! The court reporter tactic would've provided a record of what happened but as JRB or Shoonra would say.....it doesnt change the nature of the tribunal in any way. A traffic magistrate isnt going to entertain legal arguments of any nature, they only hear facts and render a decision since all matters of jurisdiction and legality are settled upon appearance in that venue.
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04-30-2006, 10:30 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: Texas
Posts: 2,837
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Challenge Jurisdiction.
__________________
"FOR AS HE THINKETH IN HIS HEART, SO IS HE."
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