Speeding ticket from scratch - Page 9

weishaupt1776 · #81 10-10-2004, 01:19 AM

[color=black][b]It seems like the MTD for FTJ would mean that they are trying to join ME instead of me.

KaosTheory · #82 10-10-2004, 12:19 PM

Weis,

It looks like they are looking to join anyone they can after reading that. Did you hear Marlin Hokenson's explanation of constructive trusts? It looks like they can join "You" to "YOU" as a trustee. A Trustee would function in pretty much the same capacity as the surety for the debts of the STRAW MAN.

JMunson,

JudgeKaos- ' Jumps up from chair and flees court room '

BTB - To be fair, your friend in that case did allow herself to be railroaded. I know it was her first time and she didn't know what to expect but it is clear that she needed to have a lot more study time. She should have expected the judge to sift her like wheat and have a plan B ready. Maybe Jason just got lucky and she didn't. Who knows......

To all 3 of you,

I thought your answers were great and I am glad that you all caught my "Leading" question on speeding. We should do this kind of dress rehersal more often. Nothing is worse than being in the battle field and being caught off guard. I will do some more reading and try to be a harder judge next time.

KT

TheBlackTruth · #83 10-10-2004, 01:01 PM

Quote:

Originally Posted by KaosTheory

BTB - To be fair, your friend in that case did allow herself to be railroaded. I know it was her first time and she didn't know what to expect but it is clear that she needed to have a lot more study time. She should have expected the judge to sift her like wheat and have a plan B ready. Maybe Jason just got lucky and she didn't. Who knows......

To all 3 of you,

I thought your answers were great and I am glad that you all caught my "Leading" question on speeding. We should do this kind of dress rehersal more often. Nothing is worse than being in the battle field and being caught off guard. I will do some more reading and try to be a harder judge next time.

KT

KT,

Yes she WAS kinda soft in her appearance. We DID go over contingencies, but when it comes down to it, some people just aren't built for confrontation. Its frustrating that simply bringing up THE LAW doesn't suffice. It seems you also have to tactfully demonstrate you possess and weild enough knowledge to cause some trouble.

Speaking of rehearsals, Why don't we set up a conference room on Yahoo or PalTalk or something where we can all meet up on a regularly scheduled basis and have these sort of discussions (with voice enabled and all that). . . . just a thought. . . .

-BT[/color]

KaosTheory · #84 10-10-2004, 01:35 PM

I had thought about the conference thing too. There is a program called "Teamspeak" that can be used to set up free conference calls on the web also.

The main problem would be coordinating everyone's free time. My schedule is in constant flux. I would try my best though.

weishaupt1776 · #85 10-11-2004, 02:44 PM

[color=black][b]I filed the AoT w/ an initial MtD-I'm saving the main MtD for later. A county judge will be ruling on the motion instead of a magistrate. The problem is that their is no DA only a State Attorney. Also, their is no prosecutor at the hearing only the judge. I had two copies certified by the clerk.

Since the judge is the prosecution, should I serve him & not the State Attorney?

Also, another snag:

They set the date for 10/25 & I filed today 10/11. They waited awhile before the ticket got entered & I wasn't sure If I could've made the ticket # the case #. I gave them 10 days so by 10/21 , I'll serve the 3 day cure which'll make it

10/24-the day before the hearing.

So I am wondering about some possible scenarios & how to handle them.

TheBlackTruth · #86 10-11-2004, 02:49 PM

If the Judge is acting as the prosecution, thats is cause for dismissal right there (separation of powers, unavoidable bias, etc. ..)

You can move to dismiss for either lack of prosecution or due to a vacated bench, I would think.[/color]

weishaupt1776 · #87 10-11-2004, 10:27 PM

Here in Florida the judge sits as an Administrative Law judge and in fact does take active part in the prosecution. Under administrative law this is perfectly legal. However, administrative law deals ONLY with regulated persons (defined in the statutes). This is why it is important to maintain your defense under the common law. Don't argue code/satutes because doing so converts your common law defense into a statutory defense where the judge has absolute and total discretion (does what he likes, when he likes!) Your case is secretly converted from an administrative action into a possible criminal action under color of law. And they don't follow proper procedure even under A.L. Expect the judge to deny ALL MTDs without explanation. As long as you maintain your defense under the common law the judge has ministerial duties which he must perform (they almost never do). Apparently the higher courts allow the lower courts to trample your common law defense and then make it time-consuming for you to "appeal". Note: An Appeal is statutory so use Petitions for Writs...per Clyde. The more expensive and time-consuming they can make it the more likely you are of just dropping your pursuit of common law remedy. At least that is my impression.</blockquote>

So how do I handle this? Do I ask the judge a question like, "Is this an administrative hearing or criminal hearing ?' If he says criminal, do I motion to dismiss for lack of personam due to no injured party present?

I'm thoroughly confused.

Where in the FRCP rules does it say the judge can't perform the attorney function of prosecution

Which rule concerns the failure to prosecute?

TheBlackTruth · #88 10-12-2004, 11:04 PM

Weis,

I can't say I completely agree with everything that Lake City has said.

If you have the judge acting as a judicial officer, then he is bound to the constitution and the common law, if he is acting as an administrative officer, he is bound by the state's Administrative Procedures Act (APA).

One thing I've been looking into is my state's APA. It appears every state has one and they are all similar. One common theme seems to be that a judicial review cannot be held until the Agency charged with the enforcement of any particular code has issued its "final determination/decision." Without such a determination, an administrative judge has no jurisdiction to hear the matter as the Agency has failed to exhaust all administrative remedies.

Asking the judge what heading you're under will not likely accomplish much. Also, "Criminal" and "Administrative" are not mutually exclusive, so i don't think its appropriate to separate them with "or". In other words, one can be in an administrative proceeding that is titled criminal as well (such is the case in many state traffic courts).

-BT

p.s. you can also call the clerk and ask for a hearing date on your MtD BEFORE your appearance date since your appearance date is essentially an arraignment and it would be improper to enter a plea before your MtD is ajudicated.

p.p.s. are you truly happy with that font color?[/color]

KaosTheory · #89 10-12-2004, 11:14 PM

BT,

Are you sure that the appearance date is really an arraignment and not a hearing or trial? I have been wondering about that.

weishaupt1776 · #90 10-13-2004, 12:29 AM

Quote:

Originally Posted by TheBlackTruth

If you have the judge acting as a judicial officer, then he is bound to the constitution and the common law, if he is acting as an administrative officer, he is bound by the state's Administrative Procedures Act (APA)

[color=black][b] I am currently obtaining his oath certified from the SoS to present it hard copy. If he refuses to take judicial notice, I still think it would be important to ask , "Your honor are you then operating in an administrative capacity or judicial capacity.

Quote:

One common theme seems to be that a judicial review cannot be held until the Agency charged with the enforcement of any particular code has issued its "final determination/decision." Without such a determination, an administrative judge has no jurisdiction to hear the matter as the Agency has failed to exhaust all administrative remedies.

I kinda get it--Could you break it down in a scenario for me?

Quote:

you can also call the clerk and ask for a hearing date on your MtD BEFORE your appearance date since your appearance date is essentially an arraignment and it would be improper to enter a plea before your MtD is ajudicated.

[b]Very cool insight---I've already filed & nobody at the fly-by-night-whorehouse -of-a-court is leading on to what this is. It seems like I would need to ask the judge if he is ruling the motions first & then requiring an arraignment. What should I say if he just straight up says, "motions denied". What then?This is where I get stuck

Quote:

p.p.s. are you truly happy with that font color?

[b]NO, Kaos said that this color was killin' him.