Traffic Ticket

[Big Al]

Originally Posted by Dillon Hunt

Traffic Ticket Actually reads:

This summons served personally on the defendant on __________ (date).

The issuing-charging law enforcement officer states under the penalties of perjury and falsification that he/she has read the above complaint and that it is true.


______(signed)_________
Issuing-charging law enforcement officer


Sure looks like he signed it under penalty of perjury.

Who out there thinks this is simulation of legal process? Who out there thinks that this is not a summons? Does anyone out there think that an officer of the executive branch can issue a summons?

Does any one out there think that a cop gave a proper oath in front of someone who had the authority to take his oath and make a written statement to the clerk of the court along side the road when that hot peice of paper was handed over?

Does anyone think this is what is ment by due process?

[Dillon Hunt]

Looks like the officer is in big trouble.

thanks for your comments

Dillon

P.S. In this state a traffic citation is a misdemeanor.

[Codee]

In california infractions were listed as criminal and given the "same rights jurisdiction and process" of misdemeanors. The california courts however ruled infractions to be non-criminal nonetheless due to constitutional conflicts. You may want to check it out for your state. What is your state?

[Codee]

Originally Posted by Dillon Hunt

In ohio the only traffic infraction are for parking violations. The rest of the traffic violatoins are criminal misdemeanors as far as I know.

Thanks Dillon

None the less they are still going to try the case administratevly. This means without judicial process. This means that the system of law of your state is turning their statute into a bill of attainder when they use it on me with out judicial process. I will point you to Nature of American Courts and Part 2 Nature of American Courts and SMJ=Subject Matter Jurisdictionand Admiraltryand Two Biggest Tools for Dealing With Administrative Courts Read these threads in their entirety and formulate your thoughts on what is there. If you see them as I do... or if you don't...
Good Luck with the endevore.

[tsunamix1]

synopsis: i have a cdl,marked with ucc 1-308. got a ticket today, been reading in this site for awhile, want to fight the ticket, considering challenge of smj, also just using the rules of the court, which i hear, they sometimes ignore, also considering the APA , not sure whether to ask for a trial in a court of competent jurisdiction (jury), had 2 officers in the car, one turned on the lights and ask the questions, the other wrote or signed the ticket, no space on the ticket for the driver to sign, they couldnt tell whether or not i had a seltbelt on, ( i didnt) , asked me if i did or not, informed him that i wasnt going to answer any of his questions, the writer wanted to know why not, i asked if i was being accused of the seltbelt violation, he said no, again wanted to know why i didnt want to answer his questions , since i wasnt under arrest, i then asked if i was free to go, he said no, then i said that i have the right to remain silent then, the writer then said yeah , if you were under arrest , i said that i am technically under arrest , if i was not free to go, he nodded his head and indicted that he agreed, then they went to their car to write the ticket. got one for disregarding red light, not sure that wording is proper for the instrument. i was reading the civil procedure of the state , which says that the plaintiff , must sign , non from them. one wrote the ticket and the other served it , so it appears i'm not going to be able to get both disqualified from the action, it states that the summons and complaint must be served together, looking at the way the rules are written , they should be two separate documents, i only got the summons. tried to get the verified complaint a few hrs later, couldnt get it from the clerk of records for the city, will try the county tomorrow. seems to me that the case is full of holes in it for them already , but i dont want my first one to go badly for me. i'm excited about it and nervous. i really would like to have a better understanding of the smj challenge, it seems to be the answer , from what little i understand of it. thinking about starting off with trying to get the verified complaint, bound to have a time stamp after the incident , so the two ,couldnt have been served together. then start the APA procedure , to get the final , for the court case, dont believe the dmv is going to have the proof , to give the court jurisdiction. i'm sure that's the agency to have the hearing with. will search the code. if anyone could give me an outline of sorts, on what to do , such as what to file when and with who, then i would feel at least , i got some chance. thanx for help.


i am reminded of the phrase: a journey of a thousand miles begins with the first step. godspeed to all

[Codee]

Originally Posted by tsunamix1

synopsis:

Hmm... curious. Another person who does not think that any laws at all are going to be applied to them. Otherwise they would have mentioned which body of law is going to be applied by.......


MENTIONING WHICH STATE IT HAPPENED IN!!!

[tsunamix1]

Originally Posted by Codee

Hmm... curious. Another person who does not think that any laws at all are going to be applied to them. Otherwise they would have mentioned which body of law is going to be applied by.......


MENTIONING WHICH STATE IT HAPPENED IN!!!

sorry, it happened in south carolina,

[Codee]

Originally Posted by tsunamix1

sorry, it happened in south carolina,

This is going to be like pulling teeth.

What charge was it. Code numbers... provide the code itself...

Who arrested you? Muni cops? Sherriff?


Those are also probably pretty important pieces of information.

[FreeFromContract]

Originally Posted by Codee

This is going to be like pulling teeth.

What charge was it. Code numbers... provide the code itself...

Who arrested you? Muni cops? Sherriff?


Those are also probably pretty important pieces of information.

LOL - I didn't know you were a dentist too Codee.

Looks like a blank style sheet page with sections for all the particulars that these folk to fill out would be quite useful.

[tsunamix1]

Originally Posted by Codee

This is going to be like pulling teeth.

What charge was it. Code numbers... provide the code itself...

Who arrested you? Muni cops? Sherriff?


Those are also probably pretty important pieces of information.

i did mention in the post that the charge was for disregarding red light, and that the wording , might be suspect, i got a 56-5-950, by city cops. i was thinking , that in a smj challenge, these items of info, wasnt going to be too important, but being a newbie, that's why i'm here,.....too learn. i have another window , open as i write this, with another post by you on the two biggest tools....trying to understand, going to be looking for examples of the documents i'm going to need , any post with them in it?