Speeding ticket from scratch

[TheBlackTruth]

Fret not, Jon

There is plenty to do between now and your trial date.

Has a verified complaint been filed yet? If so, when? What state is your case in, btw?

-BT

the state of utter chaos...

jk...

maryland is the answer.

i do not know if a verified complaint has been filed, etc. afaik, the court goes by the ticket itself as the charging instrument...

dumb question: should i call and ask the states attorney's office for a copied of the verified complaint, or motion for its production?

jon

also, and while i don't necessarily want to add fuel to a raging inferno, however, this guy's cheek didn't end with his dismissals: he also told me that the documents showed the reason i flunked out of law school and that i should go back to school.

nice of a judge to be slanderous and insulting, eh?

jon

[TheBlackTruth]

wow. that is all the more reason to go back and beat your case!

As for the verified complaint: that should be filed in your case. If it isn't there, then it doesn't exist. You should be able to geta copy from the Clerk of the Court.

Also, look in Maryl.'s Code of Civil Procedure and Penal Code and find where it talks about verified complaints and how ALL criminal proceedings must be initiated. I'm sure you'll find that all criminal proceedings must be initiated with a verified complaint that meets certain requirements.

I'm sure that your Notice to Appear or whatever it says on your Ticket doesn't meet those requirments. That is grounds for a motion to strike.

Thats a good place to start. I'll post more later.

-BT

i believe the documents i originally filed went over all that, but i'll look again...

i'll work on getting what i need from the file either on monday or the week after christmas or so. as the trial date is a ways away, i have a little time. and that's good, as it will allow me to finish the work i do outside...

jon

[KITCHIE]

Hey jmunson,

Go over to success Reno Muni Court and pull up in the attachments my Notice and Demand doc. Lots of good stuff and case law to hold their feet to the fire. I am sure you can make a bunch of that stuff apply to your case. I tell you what the judge was not happy about my paper and he denied them too.

Kitchie

ok kitchie, i'll check it out.

btw, i read through your success story. good thing you had what you did, or i think your outcome may have been a good bit different.

great job on sticking to your points though!!!! that's really what won you the day...

jon

[EnSabahNur]

Originally Posted by jmunson

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

Well, personally, I don't think he gives a rats ass about anything you filed because you are recognizing his authority. You are doing everything he commands, you obviously must think he is in a position of authority over you. So he is Caesar now, and it does not matter if you are guilty, innocent, or anything, he runs the show and can do whatever the hell he wants. You have to start asking questions... like :

"Does this court recognize me as a living man, or a legal fiction?"

"Have I entered into a contract with this court, and if so can I see the contract and have the terms of that contract explained to me. "

You have no idea what assumptions the black robed whore has made, so find out, and you will better know what course of action to take.

What is this about, is that posted somewhere back there, I could not find it. Then I'll give my two cents about what to do.

thank you ensab for the above.

the next round is monday, april 4. this is a trial de novo.

after losing the initial trial i appealed, went through the arraignment mill and forced into trial again.

i did make contact with ticketslayer who offered further help, but haven't heard a peep from him to date. i'll give him the benefit of the doubt as he was responsive in the past - so perhaps he is too busy or oot to respond. he is under no obligation to render any help past the initial trial, e'en though he offered.

so, i've asked my brother (an attorney, but is willing to help) for some guidance as it seems i'm on the losing end before i even get started...

his take: the court/gov't is not bound to respond to an affidavit if there are no specific rules/requirements to do so. an unrebutted affidavit does not stand as truth in that case, although the court, at its discretion, may accept it. same goes with motions. the court is not bound to honor a motion, even if a stipulation is reached by both parties over the motion. the court may still ignore (although rather rarely) the motion and "do its own thing."

he is unsure of the position of the "sovereignty" issue posed by the dox espoused by ticketslayer. this is a pat attorney answer - an attorney is proceduraly trained, not judicially, so i this opinion carries no weight with me.

however, he did say that to get a firm decision on that defense, one may have to go to a higher court..

at any rate, given the pre-disposition of the court system here, i don't see the success of the ticketslayer dox/position at this time.

so, i'd like to prepare a little more...

as i cannot afford to purchase legaland book (and couldn't get it in time anyway), would someone care to post the questions necessary to pose to the "officer" to get her in a position of impeachment?

i do not see any other course of action that would mitigate this farce.

i would very much appreciate that.

thanks!

jon

[dadmoonbunny]

Originally Posted by jmunson

thank you ensab for the above.

the next round is monday, april 4. this is a trial de novo.

after losing the initial trial i appealed, went through the arraignment mill and forced into trial again.

i did make contact with ticketslayer who offered further help, but haven't heard a peep from him to date. i'll give him the benefit of the doubt as he was responsive in the past - so perhaps he is too busy or oot to respond. he is under no obligation to render any help past the initial trial, e'en though he offered.

so, i've asked my brother (an attorney, but is willing to help) for some guidance as it seems i'm on the losing end before i even get started...

his take: the court/gov't is not bound to respond to an affidavit if there are no specific rules/requirements to do so. an unrebutted affidavit does not stand as truth in that case, although the court, at its discretion, may accept it. same goes with motions. the court is not bound to honor a motion, even if a stipulation is reached by both parties over the motion. the court may still ignore (although rather rarely) the motion and "do its own thing."

he is unsure of the position of the "sovereignty" issue posed by the dox espoused by ticketslayer. this is a pat attorney answer - an attorney is proceduraly trained, not judicially, so i this opinion carries no weight with me.

however, he did say that to get a firm decision on that defense, one may have to go to a higher court..

at any rate, given the pre-disposition of the court system here, i don't see the success of the ticketslayer dox/position at this time.

so, i'd like to prepare a little more...

as i cannot afford to purchase legaland book (and couldn't get it in time anyway), would someone care to post the questions necessary to pose to the "officer" to get her in a position of impeachment?

i do not see any other course of action that would mitigate this farce.

i would very much appreciate that.

thanks!

jon

jmunson, et al:

First off, Have you went to the members only download section under travel rights? You must be a member of course, but that is free, and these files are EXTREMELY educational. A lot of your questions will be answered, and being the intelligent person you are, (you must be intelligent, otherwise you wouldn't be on this site in the first place) you will be able to really "give 'em a whoopin" with their own rules. Godd Luck, and God Speed.

SIC GORGIAMUS ALUS SUBJUCTATOS NUNC