Speeding ticket from scratch - Page 12

#**111** 11-01-2004, 03:23 PM

well, i "lost" today. the judge rolled right over everything. i was nervous, choked on some words, and there was some "stand up, sit down" type stuff. none of the information the judge asked me for did he not already have. my clouded memory of the events are thus:

j: are you a lawyer?

me: no sir.

j: [tosses the papers like a salad] where did you get this affidavit of truth? what is it?

me: research sir.

j: who do you work for?

me: myself.

j: how do you plea?

me: i'm not here to plead. i'm here to receive my dismissal.

j: well, your either guilty or not, which is it?

me: uh, have you read the documents sir?

j: no.

me: if you would please do so.

j: ok, sit back down and i'll get to them when i have a minute.

me: [sat back in my place behind the "bar"]

[later in the day, i was the last person in the courtroom now]

j: i've read your documents. so, you don't agree with the state of maryland?

me: i don't know that i would hold that position sir.

j: [wants me to explain dox]

me: the documents i filed were not rebutted by the state's attorney and removed jurisdiction from this court.

j: [something about going to trial]

me: then i will appeal the decision.

j: you may certainly do that.

j: [proceeds into trial] i'm going to enter a plea of "not guilty" for you. is that alright?

me: if you are going to practice from behind the bench, then i can't prevent you.

[the usual swearing in occurs, no opportunity to invoke the common law "swear in"]

j: state your name and address for the record. and who do you work for.

me: my name is, spelled properly in upper and lowercase letters, Jon Carl Munson II. i have a home at [address]. myself.

j: what do you do?

me: landscaping.

j: [to officer, requests the usual dissertation on her "proof'.]

j: [to me] any questions for the officer?

me: no questions. i stand upon my affidavit.

j: [essentially guilty]

so, i got my "paper" and went to the cashier's and filed an appeal.

"my officer" was there as were two others, the other 4 didn't show. people were getting off left and right. the only ones who didn't were speeding tickets that were lasered, vascared, followed, etc. about 134 or so cases...

ok, now i could use some help on the appeal. as the documents in the case are now public record, i'll post them. when i get the chance.

when i get a transcript i'll transcribe it here as well. essentially what i noted up above was what transpired, but i'm sure i don't remember it exactly.

sheesh...

jon

TheBlackTruth · #**112** 11-01-2004, 07:30 PM

<font color=darkblue face=verdana>jmunson,

Did you file anything other than your Affidavit? Have you moved the court?

What did you put in your statement of appeal?

-BT[/color]

gregtu · #**113** 11-01-2004, 08:00 PM

Did you file a corporate denial affidavit? If not they assumed you were and that's why they rolled all over you. Even though you said the correct spelling of your name it wasn't enough to get what you wanted. Do a judicial notice to the judge!!! He cannot proceed against flesh and blood...his bond will not cover him!!!

Also, since he said you were not guilty, what's the problem? He can't enter a plea for you unless you hired him to represent you, did you? He can't be your rep and also a judge at the same time.

#**114** 11-02-2004, 04:27 AM

i will post the dox later. our internet connection at the office is down and that is where the dox are.

the problem is that the state's attorney failed to rebut an affidavit which challenged smj within the 15 day + 3 day op to cure window thereby removing jurisdiction from the court. a writ of mandamus was issued upon declaration of final default and the judge proceeded anyway.

even the police officer afterward thought that a little odd. she was interested in the affidavit i used.

also, i did note that he was practicing from behind the bench, he still went forward...

this is the third time i've been in a court room and the third time i got rolled over. while vocally this time i did better, i obviously still don't know enough... not fun...

jon

weishaupt1776 · #**115** 11-02-2004, 05:44 AM

[color=black][b]I heeya ya. Check out my traffic court losses thread and especcially this one HERE. You need to buy Advetures In Legal Land, also.

The idea is to ask the judge questions so loaded, yet so focused that it boxes him in. Their only choice is to then resort to violence and be non-responsive. Once this is recorded, it is evident the judge has made an ass of themself. Since they don't follow the law, don't honor our defaults, deny motions at will, lie, etc. . ., we might as well tear them a new one by asking innocent questions and expose the fraud for what it is. If a good record is made, we can use the free access to the courts as provided in the constitution for appeal, and have a review of what transpired.

You won't be as frustrated when you realize there are no wins in this game, it's just damage control. We lose the moment those lights start flashing.

gregtu · #**116** 11-02-2004, 06:18 AM

You know enough, you're not going after them when they do what they do. Go after this crook!!! File a claim against his bond!!! You will continue to lose if you allow them to do what they just did. I know you don't think the judge will allow you to beat him down in his court do you? Well beat him down outside of his court. YOU TELL HIM WHAT TO DO!!!

TheBlackTruth · #**117** 11-02-2004, 11:19 AM

Quote:

Originally Posted by gregtu

You know enough, you're not going after them when they do what they do. Go after this crook!!! File a claim against his bond!!! You will continue to lose if you allow them to do what they just did. I know you don't think the judge will allow you to beat him down in his court do you? Well beat him down outside of his court. YOU TELL HIM WHAT TO DO!!!

<font color=darkblue face=verdana>Filing a claim against the judge before you've exhausted your remedy at law will do you no good. Furthermore, Judges have immunity even when they act without jurisdiction. You have to be able to establish knowledge, intent and malice to strip him of his immunity.

The best thing in my opinion is to get as much on the record as possible so as to use in your appeal. Always insist on a court of record and file motions 10 days before arraignment date. An Affidavit is NOT a motion. Even an uncontroverted affidavit filled with goodies won't preclude a trial if you don't motion to dismiss based on the facts established in the affidavit.

-BT[/color]

gregtu · #**118** 11-02-2004, 12:11 PM

BT, you can do that, but since the judge decided to proceed against flesh and blood he/she is now naked

now you are damaged

gregtu · #**119** 11-02-2004, 01:15 PM

jmunson, ever thought about this:

I am making the statement in this document that I am not a party to this action. I have made this statement due to the fact that I have not been specifically, correctly, and factually identified.

TheBlackTruth · #**120** 11-02-2004, 02:25 PM

<font color=darkblue face=verdana>The point I'm trying to make is this:

You will LOSE if you make your argument the issue of the name. The fact that you appeared in court AT ALL confirms the name was sufficiently correct as to cause your appearance. There is a plethora of case law supporting that fact. You need to use LAW to win your case and not theory. I'm fully aware of arguments regarding proper apellations and they even have their place in tandum with other, more substantial, arguments; but using that argument alone you will loose in the instant case AND on appeal. If winning is your goal, then I suggest you use a remedy that is recognized by the Rules of Court and Case President.

-BT[/color]