Speeding ticket from scratch - Page 17

scottinalaska · #**161** 03-30-2005, 11:35 AM

JM,

Although Marc has a bunch of series of questions to be asked, rarely do you get past the first few. So here are some key ones that you can hear if you simply download some of his radio interviews:

Am I entitled(those are 3 important words) to know the nature and cause of the charges and proceedings against me?

This first questions helps to justify any other questions you ask when the judge refuses to answer any more questions. You might even follow up with:
"Am I entitled to a fair and meaningful hearing?" If she balks at that question as my judge did(Geez, it's yes or no for crying out loud!) then weave your answer in with the next question:
"Then can I expect responsive answers to my questions so that I may receive a fair and meaningful hearing/trial?"
Now, you are set to ask the harder questions.
"Do you have any evidence of a complaing party?" VERY IMPORTANT question. Anything but YES or NO is UNresponsive. You state that too if the judge says, "Well, the state of Maryland is the complaining party!" And no, the ticket isn't evidence either. Well, there's a start, J.
Scottinalaska

#**162** 04-04-2005, 06:39 PM

hi folx!

well, today started like any typical monday.

the time change yesterday wreaked havoc with my internal clock (i personally think that is what it is designed to do - keep us all in a flutter), so i was tired to start with.

add to that a child who is teething and may have some sort of viral thing in conjuction and you've got a recipe for wigging out...

i prepared for several days (A BIG THANK YOU TO EVERYONE WHO HELPED AND YOU KNOW WHO YOU ARE!!!!).

i dressed in my black suit, white shirt, paisley-patterned red tie (when in Rome...)...

so, i drop off my son @ my mom's for school (she takes him in the am) and head back to the court house.

i arrive on or about 0830.

it takes 8 minutes to be "processed" through the metal detector. for once i DID NOT set it off...hmmm... (what's funny is that "per court order, no electronic devices are allowed inside this building" - people were bringing cell phones & laptops w/o being stopped...so much for law)

the circuit court docket wasn't posted anywhere, so i had to go to the clerk's office where i was told the computer system was offline and they had to get it off the internet...i told them i hoped it was up to date as a joke...i don't konw if they laughed or not. probably not...

so i proceeded to room 257M. three floors up (the entrance floor is "G") and at the beginning of one of the wings...

so there i sit, reading my material, trying to calm down, praying hard to GOD to "help me through this ordeal." my heart pounds away as i nervously awaited my time, whenever that was to be.

i noticed that the cop was absent. i did NOT get my hopes up, knowing full well that she could walk in any minute, or if my case came up later in the day (although the room wasn't by any means full of people, but that didn't mean someone didn't have a long case to be heard either), she could arrive by then. it really just added to my worry as i was uncertain.

on or about 0850 the judge[ette] has arrived - a woman, seemingly nice demeanor until you get in front of her, then its all monotone and authority...talk about your shakespearean actress...

so, we are all sitting around, not really knowing what's going on as time passes. the docket isn't being called, and the state's attornies are doing whatever.

finally, at 0910, the judge states to the clerk she'll give them 5 more minutes and then start calling the docket in order.

on or about 0920, my "name" is called.

i rise. didn't utter anything. the judge just looked at me as i walked up to the "bar."

she then asked (which wasn't asked of anyone else prior, albeit their cases were of a different nature than mine, and i really don't know) "Are you ready to proceed?"

i answered: "Well, ma'am, i'm not a lawyer and i don't really understand these things, so there are a few questions i'd like to ask first if that's ok."

judge: [and i paraphrase 'cuz i don't remember exactly] "No, that's not ok. if you don't understand what's going on maybe you need to talk with an attorney or talk with the state's attorney."

me: "may i confer with the state's attorney quickly?"

judge: "certainly."

SA agrees to confer after finishing up with current matter.

we go outside for a brief meeting.

me: "Where's your witness?"

SA: "...not here..."

me: "would you like to dismiss the case due to lack of witness?"

SA: flipping idley through folder with an expression of 'i don't really know anything about this' "That's pretty much what i planned to do."

me: [shakes her hand] "Thank you."

so we walk back in.

SA waits until current matter is finalized.

SA: "Your honor, i'd like to recall [my case]."

case is called.

i walk back up, the judge says nothing.

SA: "Anyone here as state's witness in this matter?"

no answer.

SA: motions court to dismiss

judge: "nolle pros."

i ask the SA: "am i free to leave?"

SA: "yes."

and out i walk.

I WON.

THANK YOU GOD!

my conclusion: i have no idea why the cop wasn't there. i know the motion i filed on friday (which contained the maryland cite for challenging jurisdiction) didn't have time to get reviewed that fast...

my brother the attorney said "...don't discount the documents you filed. [who knows] what went on the back rooms [back office!!!!! and where have we heard that term before?]..." he did also say that since maryland schedules court appearances for police on a date or dates soas to minimize the disruption of their "duties," chances were better that she was told not to come vs. being sick/absent.

i think it was most likely "we've got bigger fish to fry."

bottom line is, a win is a win. and i won. for once...

whew...

did i say THANK YOU GOD!?

jon

#**163** 04-04-2005, 06:45 PM

good job munson, good job. a win is a win. it IS likely they told the cop not to show. peeace

#**164** 04-04-2005, 06:48 PM

the p.s. to this is i was going to go marc stevens on 'em...and was shakin like a leaf at the prospect, but was going to do it anyway...

jon

scottinalaska · #**165** 04-04-2005, 07:56 PM

You da man, JM!
Sleep well, you deserve it. Never do we learn as much as when we have to take that semester exam in front of the judge(ette). You are wiser now and so are we. Thanks for sharing.
Scottinalaska

#**166** 04-04-2005, 08:58 PM

He heh. Big thumbs up!

God rocks, don't he?

HB

weishaupt1776 · #**167** 05-07-2005, 03:16 PM

http://www.hua111.org/CHP040605.htm

weishaupt1776 · #**168** 05-12-2005, 12:47 PM

If you read through this entire thread, you will see some collective brainstorming.Three of us w/in this thread used the Ticketslayer Common Law Default, but each w/ different scenarios.

J. munson's is afew threads up.

Here's Akira's win
http://forum.suijuris.net/showthread.php?t=2701

Here's Mine
http://forum.suijuris.net/showthread.php?t=2215

P.S. For all of you bottom feeding, government subsidized, cheese eating rats, these are considered wins, because we are not surrending our hard earned capital towards paying your salary coupled with the fact that we come out stronger & smarter.

And the thing is, you guys always are losers because you rely on the guardianship of a corrupted machine while contributing nothing to the Arts, sciences and trades. You base your whole drive and destiny in life on worthless paper created out of thin air.

weishaupt1776 · #**169** 05-21-2005, 05:16 AM

whoops!!!!

PANICPASS · #**170** 05-21-2005, 10:50 AM

The cop said the law requires your signature on the ticket. The problem is, the cop can't produce that law. If the law required it, and you refused, he would be able to cite that law on the ticket as a violation. He can't cite any law, so its not a lawful arrest.

Thanks for that audio, Weis. Now I know what the cop will say if I ask if he will arrest me if I don't sign. I am now prepared to go to jail for this offense! (seriously)