Cody's Right To Travel - Page 26

Codee · #**251** 12-16-2006, 01:48 AM

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ndusa · #**252** 12-16-2006, 01:49 AM

Cody: Have you ever demanded the injured party be brought to court? Or not a route you go? Doesn't there have to be a victim in a crime?

I have not been pulled over for so long, I haven't got a chance to try that in court, like do a writ of Hab. to compell them to bring forth the body lol. Just a thought.

Codee · #**253** 12-16-2006, 01:54 AM

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ndusa · #**254** 12-16-2006, 01:59 AM

Quote:

Originally Posted by Codee

Looking at the codes it seems that is the way it is set up. I can not find it in the law though as a rule so I do not use it. I will use it as support.

I did a few times as a kid and got the quick, the state is the injured party. I asked to cross examine the state. Well...

The case was dismissed to a no show. (Again.)

I do not know what caused that dismissal in truth. I have so man no shows I think of court as a lonely place now.

Id on't have all my stuff as I'm working now, but I just wonder what would happen if you filed a write of habeas corpus with your first filing. If nothing else, lol, the response would be priceless!

Why stop there, when they failed to show up with a "person" who was injured, file a suit for fraud lol. Thats going a little out there, but it makes sense to me if your state wants to call the "infractions" and as you point out they are civil. Late night thoughts

Codee · #**255** 12-16-2006, 02:01 AM

Quote:

Originally Posted by ndusa

Id on't have all my stuff as I'm working now, but I just wonder what would happen if you filed a write of habeas corpus with your first filing. If nothing else, lol, the response would be priceless!

Why stop there, when they failed to show up with a "person" who was injured, file a suit for fraud lol. Thats going a little out there, but it makes sense to me if your state wants to call the "infractions" and as you point out they are civil. Late night thoughts

I do not see any clear evidense that infractions are civil. I believe they are special proceedings.
I do not think that traffic court is an ordinary proceeding in a justice court.
I think it is an administrative sceme enforced in tribunals sitting as administrative hearing officer, conducting a special proceeding and fining with punishing all on me a private citizen and as such is a violation of due process.

ndusa · #**256** 12-16-2006, 02:06 AM

Quote:

Originally Posted by Codee

I do not see any clear evidense that infractions are civil. I believe they are special proceedings.

oh, missed that. Well, what do they concider a "special proceeding". ? Im hung up on this injured party thing, sorry.

Ok, state says it has property, but the people are the state. You paid for it, so if you break it, do you really owe? Sure they tell you that, but... Who or What did or do you hurt by the infractions? I know they say "the state", but how is that? Maybe its not that important, again just thoughts.

To tired and just babbling here.

Codee · #**257** 12-16-2006, 02:18 AM

Quote:

Originally Posted by ndusa

oh, missed that. Well, what do they concider a "special proceeding". ? Im hung up on this injured party thing, sorry.

Ok, state says it has property, but the people are the state. You paid for it, so if you break it, do you really owe? Sure they tell you that, but... Who or What did or do you hurt by the infractions? I know they say "the state", but how is that? Maybe its not that important, again just thoughts.

To tired and just babbling here.

NO,,, Youre still missing the whole thing. Well it is wierd what tey are doing. I do not blame you.

An injury or an obligation is only necesary in an ACTION. I do not think it is civil. I mean it is all handled administratively. Like you can issue plea with the clerk.

A special proceding is not an action!

ndusa · #**258** 12-16-2006, 02:25 AM

Quote:

Originally Posted by Codee

NO,,, Youre still missing the whole thing.

An injury or an obligation is only necesary in an ACTION. I do not think it is civil. I mean it is all handled administratively. Like you can issue plea with the clerk.

A special proceding is not an action!

YOur right, I'm hung up on the civil issue, which there ins't one? LOL, just about bed time where I can lay my head down, close my eyes and have vision of judges dancing in my head.

Maybe I had another thought and confused the two. Where did the body go? Or we don't need one for special proceeding? Does there have to be an injured party in a crime in Cal? I think thats what Im trying to get at, not the civil. Heck, I don't know.

Codee · #**259** 12-16-2006, 02:26 AM

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Codee · #**260** 12-16-2006, 02:29 AM

Quote:

Originally Posted by ndusa

Does there have to be an injured party in a crime in Cal? I think thats what Im trying to get at, not the civil. Heck, I don't know.

I think the words as used in the US constitution have the same meaning in all state statutes unless a different definition is EXPLICITLY provided. So if that was part of the definition in common law England when the US const. was signed then that is the DEFAULT, yet changeable, definition. Crime is not defined in this code so I assume there may be an argument for the injured party.

Adios. Need to go get beer before 2:00