Speeding ticket from scratch

[weishaupt1776]

[color=black][b]I called the clerk about filing requirements and when I asked about filing with the prosecutor, she didn't know what I was talking about. How did you find out who the prosecutor was?

I think I'm just going to be a real stinker & just file a motion to dismiss for lack of evidence. Period!

[EnSabahNur]

Well, jmunson already covered the red ink thing. But one more addition.



When I write in red ink diagonally across their writing, it is very dicernable, and "Seals the Contract", and since I was Refusing the contract, their is no dispute. The contract is now "Sealed". If it is altered in any way afterwards, it is Void by Fraud.

[KaosTheory]

Weis,



That would be a valid approach (file a motion to dismiss). I'll be interested in the result. Should you file the judge's oath into the record first? I'm thinking that if the court feels that it can have it's way a la admin(their court), then they might reject your motion. Although, they would have the problem of non-consent on the presumed contract.



Hey, why not be a real stinker and counter sue for depriving you of your liberty and confiscating your property and overstepping the bounds of his authority? Counter suits have to be heard first. Maybe even counter sue for fraud.



Just some thoughts.

[weishaupt1776]

[color=black][b]Thanks, Brother. Check out these goodies in the Good OLE Florida Code.



The Citation is called a Summons. Check out the Florida Rules for Summons Issuance
[*]Does a traffic ticket conform to the Issuance of a summons rule?
[*]I'm not sure if a Summons can be issued alone. Doesn't it have to be accompanied by a complaint?



Sherrif's Duty
[*]Was I conducting my affairs in a manner that would fall into those enforcement powers by driving 57 in a 35?



Authority to Arrest
[*]Does a Deputy have powers to issue a Summons? Can he perform in civil Matters?
[*]WHOA! Look at (4). Is his oath on file?



Power to Arrest Delegated by State Attorney
[*]Was the deputy an authorized employee of the state attorney's office?
[*]Does he have full powers of arrest for anything OUTSIDE of matters involving organized crime?



The only thing I need , guys & gals, is <U>Supreme Court Case Law that pulling me over is, in fact & principle, an arrest</u>. I know some of that is posted. Can some of you SJ's give me some E-Z LinX?

[KaosTheory]

1. How is a Citation the same as a Summons? They are not equated in the rules you linked to. The rules only talk about the summons.



2. FLORIDA Statutes? Won't this interfere with your judicial proceeding? Statutes are not laws. I'm thinking that you have to consent to the jurisdiction of STATE OF FLORIDA to use them.



The very last subsections mentions traffic stops but other than that, no the Sheriff doesn't seem to have anything to do with stopping speeders.



3. Investigator = Law Enforcement Officer = Traffic Cop. Interesting.....he must also have an oath on file.



quote:

Such investigator shall, within the boundaries of the judicial circuit served by such state attorney, have full authority to serve any arrest warrant, search warrant, capias, or court order issued by any court or judge within such judicial circuit in a criminal case, or in connection with a criminal investigation, when the same is directed to him or her.unquote



I see nothing about summons here.



4. Is an "Investigator" and a "Special Investigator" the same thing? If so, it looks like he could only investigate organized crime. I have heard this from Jennings too. He says to ask the officer if he investigating organized crime when he pulls you over. Others have said to ask the officer if he is investigating a crime (in general).

[weishaupt1776]

[color=black][b]It says the word, "Summons", on the face of the ticket ! Your question is the same as mine. How does that ticket line up w/the Summons issuance laid out in the FRCP?

Hello jmunson I see your point in claiming sovereignty, are you soverign of the land where you live or caretaker of the land? Where I'm from I'm soverign of the land and caretaker of the land, my point is a good battle is won when you plead your winning case, if sovereignty is your winning case then go for it

[KaosTheory]

Weis,



I am listening to Howard Griswold's stuff in the seminar section of this site. He just brought up an interesting point. He says that there are only 2 causes of action and both arise out of the existence of a contract. One action concerns breach of duty and the other is breach of promise. Now, if there is no contract, then there is no way that one of these causes of action can arise. No cause for action means the court has no jurisdiction. He says the correct course of action would be to file a Motion to Dismiss for lack of cause of action after you ask the opposing party to produce the contract and they do not produce it.



Hope that is helpful in some way. I'm studying for ya bro. More to come.......



KT

[weishaupt1776]

[color=black][b]Bro, you are golden. I hit the Annotated pretty hard today. I am still looking for some good case law on the following:<BLOCKQUOTE><LI>Case Law holdings that being stopped constitutes an arrest.<LI>That a citation is a contract.</BLOCKQUOTE>

I did find some case law on the first one but only for ones in California. How does that work?

Can you only quote cases from your own state?

Does the only case that you can cite outside of state have to be out of the Supreme Court?



Here's an INVALUABLE FREEBIE!

hii-lele-hoo - i am not sure i understand your post...i'm a bit of a dummy sometimes, so i could use a little further explanation there...



thanks!



jon