Traffic Ticket

[tsunamix1]

***********bump************

[joseph sugarman]

tsumamix1,


There is a useful concept, applicable to writing, called the paragraph. It is comprised of two or more sentences, the first of which may contain general statements; while the next and any following, support the generality with facts.

A series of paragraphs, thus constucted, are the method of writing implemented to inform others that which you would like them to understand.

Could you please, in the future, attempt to use this system. Thankyou.

Joseph Sugarman, design@dream-home.com

[Shoonra]

Amen, and may I add, please acquaint yourself with the Shift key.

[tsunamix1]

let me offer my sincerest apologies , for the breach in etiquette and protocol.

i too hate to have my meager sensibilties offended, after all , what are we? animals?


godspeed

[joseph sugarman]

Your last post indicates you possess, at least, a tenuous comprehension of the concepts offered as assistance to you in my post. However, I sense you do not, quite yet, grasp those offered by Shoonra.

Additionally, you seem to completely miss the more important point. The purpose of communication, written or oral, is to impart to others, in a comprehensible form, the information which you would wish them to understand; especially if, as in this case, you would like assistance with a problem.

It should be apparent to you only Codee was willing to take the time to decipher the mish-mash of strung together, dependent and independent clauses. The information you provided was in part incomplete, irrelevant, immaterial and illogical; to elucidate just some of the deficiencies.

My comments on your presentation have nothing to do with etiquette, protocol or sensibilities. They were used to determine, in a response from you, whether you have, in my opinion, the requisite intellect necessary to represent yourself in court. You mixed together, at various points, a number of possible approaches to a defense, including both potential civil, criminal and unknown, to me, attacks. But you presented nothing of substance supporting the idea you have any idea about which you are talking.

To date you still have not, I believe, provided Codee with answers to all his questions; nor have you made any attempt to present any other information in a more comprehensible form. Perhaps you should seek professional assistance elsewhere.

Joseph Sugarman, design@dream-home.com

[tsunamix1]

Originally Posted by joseph sugarman

Your last post indicates you possess, at least, a tenuous comprehension of the concepts offered as assistance to you in my post. However, I sense you do not, quite yet, grasp those offered by Shoonra.

Additionally, you seem to completely miss the more important point. The purpose of communication, written or oral, is to impart to others, in a comprehensible form, the information which you would wish them to understand; especially if, as in this case, you would like assistance with a problem.

It should be apparent to you only Codee was willing to take the time to decipher the mish-mash of strung together, dependent and independent clauses. The information you provided was in part incomplete, irrelevant, immaterial and illogical; to elucidate just some of the deficiencies.

My comments on your presentation have nothing to do with etiquette, protocol or sensibilities. They were used to determine, in a response from you, whether you have, in my opinion, the requisite intellect necessary to represent yourself in court. You mixed together, at various points, a number of possible approaches to a defense, including both potential civil, criminal and unknown, to me, attacks. But you presented nothing of substance supporting the idea you have any idea about which you are talking.

To date you still have not, I believe, provided Codee with answers to all his questions; nor have you made any attempt to present any other information in a more comprehensible form. Perhaps you should seek professional assistance elsewhere.

Joseph Sugarman, design@dream-home.com

I completely understood , what was complained about. I attempted to get codee to just give any new takes , he might have had in the smj challenge , that he might have discovered , since his last post on the subject. Whether or not , the particulars of my own case , were incoherent or not , was not my top priority, i just wanted him to share a kind of general outline , a flowchart , if you will, that would guide me ,just a bit.

I once again apologize , to all who might have wanted to help and couldnt because of the way i presented the material. Its my hope ,that my learning , would prevent me from ever needing that recommended professional help. If one member of sui juris , believes that i would be better off , looking elsewhere, then is the time i've spent here wasted? I think not!



giving out or giving up is not an option

[onesentient]

tsunamix1, from one human being to another, I welcome you!

[tsunamix1]

Originally Posted by onesentient

tsunamix1, from one human being to another, I welcome you!

thank you for your welcome!

[tsunamix1]

just looking through the code of laws , in south carolina and i came across this:

SECTION 14-25-45. Powers, duties and jurisdiction of municipal courts.

Each municipal court shall have jurisdiction to try all cases arising under the ordinances of the municipality for which established. The court shall also have all such powers, duties and jurisdiction in criminal cases made under state law and conferred upon magistrates. The court shall have the power to punish for contempt of court by imposition of sentences up to the limits imposed on municipal courts. The court shall have no jurisdiction in civil matters.

according the rules of civil procedure, which are the rules that deal with summons, is it possible to have a
summons to a municipal court?

b) Same: Form. The summons shall be signed by the plaintiff or his attorney, contain the name of the State and county, the name of the court, the file number of the action, and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which these rules require the defendant to appear and defend, and shall notify him that in case of his failure to do so judgment by default will be rendered against him for the relief demanded in the complaint.


no signature of the plaintiff on my summons!

(d) Summons: Personal Service. The summons and complaint must be served together. The plaintiff shall furnish the person making service with such copies as are necessary. Voluntary appearance by defendant is equivalent to personal service; and written notice of appearance by a party or his attorney shall be effective upon mailing, or may be served as provided in this rule. Service shall be made as follows:

at the time of the stop , i only recieved a summons, no verified complaint, not even a verbal one from the policeman!, not that a verbal one would do. they must be copies

will this be enough to stop an arraignment?
lack of subject matter jurisdiction and/or improper service?

this is from the rules of magistrates court:

(a) Upon the filing of the complaint, and a copy with any attachments for each defendant, the court shall issue a summons to each defendant. The summons shall require that the defendant must answer and present any appropriate counterclaims within thirty (30) days (five (5) days in matters of $25.00 or less) from the first day after the date of service.

it appears they always jump the gun in the process, by serving the summons first.

[tsunamix1]

Not able to as yet , determine if my flesh and blood , qualifies , for a civil action by any govt. these are the rules for magistrates courts.

ARTICLE 3.

CIVIL PROCEDURE GENERALLY
SECTION 22-3-110. Forms of action, parties, commencement of actions, service of process upon corporations, and evidence.

The provisions of Title 15 respecting forms of actions, parties to actions, the times of commencing actions and the service of process upon corporations and the provisions of Title 19 respecting the rules of evidence shall apply to the courts of magistrates.




Title 15 - Civil Remedies and Procedures





CHAPTER 5.

PARTIES

ARTICLE 1.

GENERAL PROVISIONS
SECTION 15-5-45. Capacity of partnerships to sue and be sued; effect of judgment.

Any partnership formed under the laws of this State or of another jurisdiction shall have the capacity with or without the joinder of one or more of its partners to sue and be sued in the courts and agencies of this State as a separate entity under the name specified in any recorded certificate of partnership, or, if the partnership conducts business under an assumed name or there is no recorded certificate, under the name by which it does business. All judgments and executions against any such partnership shall bind its real and personal property. Its partners shall also be liable for judgment and be subject to execution to the extent and in the manner provided by law.


SECTION 15-5-90. Survival of right of action.

Causes of action for and in respect to any and all injuries and trespasses to and upon real estate and any and all injuries to the person or to personal property shall survive both to and against the personal or real representative, as the case may be, of a deceased person and the legal representative of an insolvent person or a defunct or insolvent corporation, any law or rule to the contrary notwithstanding.

SECTION 15-5-100. Damages under Sections 15-5-90 or 15-51-10 may include funeral expenses.

Damages recoverable under either Sections 15-5-90 or 15-51-10 may include reasonable funeral expenses, but such funeral expenses shall be sought in only one action.

SECTION 15-5-110. Executors' or administrators' actions against trespassers.

Executors or administrators in cases of trespass done to their decedents, as of the goods and chattels of the decedents carried away in their life, shall have an action against the trespassers and may recover their damages in like manner as they, whose executors or administrators they are, should have had it if they were alive.

SECTION 15-5-120. Actions against executors or administrators when one or more is out of State.

In cases in which there are two or more executors or administrators to any estate and any one or more of them has withdrawn or shall withdraw or shall reside out of the State, any creditor or person having a right or cause of action against such estate may commence his action against all the executors or administrators, naming and setting forth therein the executor or administrator, one or more, who is out of the State. In such case if the summons be served in the usual form upon those who are within the State the suit shall be deemed to be good and effectual in law to all intents and purposes, saving only that the judgment in such cases shall not extend to work any devastavit upon the person so absent or to affect him in his private right.

SECTION 15-5-130. Representative of deceased nonresident motor vehicle operator.

In the event a nonresident who shall have operated a motor vehicle on the public highways or streets of any incorporated municipality of this State causing injuries or death shall have died, any person who may have an interest therein may apply to the probate court of the county of residence of such party so interested or of the county in which such wrong may have been inflicted for the appointment of a personal representative of such deceased wrongdoer and, upon such appointment, action may be commenced against such personal representative of such nonresident deceased and service of such process shall be made upon such personal representative and a copy of such process mailed to the address of such deceased person as provided in Section 15-9-370.

SECTION 15-5-140. Representative of deceased nonresident motor vehicle operator; substitution of other representative.

The foreign personal representative of any such deceased wrongdoer or any other person interested in defending such action may within sixty days after service as provided in Section 15-9-370 apply to the court in which such action may be pending for an order staying such action for a reasonable period of not exceeding sixty days and during such time may apply to the probate court and procure the appointment of some other suitable person to act as personal representative of such deceased person. Upon such appointment such personal representative shall be forthwith made a party defendant on motion of plaintiff without further service of process. If no such application for a stay be made the personal representative so originally appointed shall answer such process within sixty days from the date of such service upon him or be adjudged in default.

SECTION 15-5-150. Foreign corporations as defendants.

An action against a corporation created by or under the laws of any other state, government or country may be brought in the circuit court:

(1) By any resident of this State for any cause of action; or

(2) By a plaintiff not a resident of this State when the cause of action shall have arisen or the subject of the action shall be situated within this State.

SECTION 15-5-160. By what name unincorporated associations may be sued.

All unincorporated associations may be sued and proceeded against under the name and style by which they are usually known without naming the individual members of the association.

SECTION 15-5-170. Action by and against married woman.

A married woman may sue and be sued as if she were unmarried. When the action is between herself and her husband she may likewise sue or be sued alone.

SECTION 15-5-210. Unemancipated child as party to motor vehicle accident action.

An unemancipated child may sue and be sued by his parents in an action for personal injuries arising out of a motor vehicle accident. In any such action there shall be appointed a guardian ad litem as provided by law for such child.


anyone?