Cody's Right To Travel

[ezrhythm]

Go Codee Go!!!

[Codee]

The provisions of the Vehicle Code applicable to drivers upon the highways are applicable generally to public officers and employers engaged in driving vehicles in the course of their employment (Vehicle Code sec. 453).
17 Ops.Cal.A.G. 121, 121, 51-32 (1951).

Further concideration is that if the laws GENERALLY apply to State Employees then how do we find out who they specifically apply to? Remember,,, A bill of attainder must name you or your private group! So how do they specifically apply this law to me when its non-special, general aplication is for state employees?

Hey Shoonra! You want another date? Yeah they are not Bills of Attainder because they never name any private person as their God Blessed target.

[Codee]

I really just wanted to show that there is alot more out there to focus on and it seemed like everyone was in a rut. I just want to say Go SMJ SMJ SMJ. Look at the god blessed codes and see if they really do implicate some intollerable thing first. In many instances they do. But sometimes you find a wealth of things that seem like they must lead somewhere. Well I have not been given the court oppertunities like in the day of yor, but I think I have a one page argument with foot notes included that can defeat about 95% of all traffic infraction tickets in California. It involves nothing from common law, no filing defaults or timelines. If you F@#$ it off you just have to learn to do it collaterally. I mean when you prove that even their codes "as is" mean nothing by the plain face reading of them, that gets some good results. That is where I would like to spend a little time.

[ezrhythm]

The greater the lie/fraud, the greater the ways to expose and crumble it!

[Big Al]

The whole apple cart really comes apart when you learn what Codee is trying to teach. Just remember if you don't let them play there game on you for awhile, you can't get there cash down the road.

[Soldier of Truth]

Even if the so-called motor vehicle laws applied to me, where does a California peace officer get the legislative authority to make stops/detentions/ or arrests for "infractions" that don't rise to the level of a public offense?

See Penal Code sec. 830.1(a) for the "extent of authority" for peace officers.

See Vehicle Code sec. 40300 et seq. for the authority to make warrantless arrests for vehicle code violations. See People v. Wohlleben (1968) 261 Cal.App.2d 461

If I am told that the citation was not evidence of an arrest, then I point out VC sec. 40500(d) which PROVES otherwise.

Infractions are NOT crimes (See People v. Sava (1987) 190 Cal.App.3d 935) thereby precluding the "criminal" court of jurisdiction.

ps> I have two court transcripts where I got the judge to admit "on record" that the proceeding was "non criminial" (See CCP secs. 24 & 32)

pss> Can anyone find the legislative "authority" for "detentions." I haven't been able to.

Originally Posted by Codee

Further concideration is that if the laws GENERALLY apply to State Employees then how do we find out who they specifically apply to? Remember,,, A bill of attainder must name you or your private group! So how do they specifically apply this law to me when its non-special, general aplication is for state employees?

Hey Shoonra! You want another date? Yeah they are not Bills of Attainder because they never name any private person as their God Blessed target.

[Codee]

Traffic Stops are definitly arrests.

All judges admit to me that infraction proceedings are non-criminal

I would recomend you check out my post on "seatbelt ticket win w/ SMJ" In the success stories. I have some research about "civil arrests" and expand the arrest thing. Anyway I have changed this Doc. since posting but it generally says it all here. ?If you are going to be arguing infractions however I will point out to you that the best way is to win on a failure to file formal complaint. That argument almost always wins. It only doesn't when a complaint has been filed. I have never seen an infraction only formal complaint.

SUPERIOR COURT
IN ______ COUNTY
AT ________ CITY CALIFORNIA
95959

PEOPLE OF THE STATE OF CALIFORNIA

V
CASE DOCKET# __________
XXXXXX X. XXXXXXX

Appearing specially
Motion to Dismiss due to lack of Jurisdiction


NOTICE
1) The court upon receipt of this document, will be deemed noticed of Xxxxxx Xxxxxx’s motion to dismiss due to lack of jurisdiction.

ARGUMENT
It is hereby argued by the accused that the immediate court and the prosecuting party lack both subject matter jurisdiction and in personam jurisdiction.
The immediate court lacks subject matter jurisdiction. The code of civil procedure explicitly states that there are but two types of remedies, special proceedings and actions [Fn-1.] These two types of actions are civil and criminal [Fn-3.] This ought to mean that if an action is “non-criminal” then it is civil. The right to prosecute one type of action is not merged with the other a when person’s conduct violates both civil and criminal elements of the law [Fn-6.] The code of civil procedure states that the penal code proscribes the procedure for prosecuting criminal actions [Fn-5.] [Fn-2] [Fn-4]
The accused has been subject to criminal procedure for a civil action [Fn-7.] Accused has been kept in court-to-court arrest and enjoys liberty only upon signing a bail or recognizance. This is a display of criminal jurisdiction in a civil matter.
The accused had a plea entered by the court of not guilty. The court then held accused on a recognizance. The accused was never shown a formal complaint, which is required to be filed, so as to retaining jurisdiction. Holding of the accused by way of recognizance is within jurisdictional limitations for crimes with a formal complaint on record. Without such a complaint jurisdiction does not exist to hold. A court without jurisdiction has no power to hold, continue or otherwise proceed [Fn-13] [Fn-14] [Fn-15.]
Further, this court exceeded and continues to exceed its proscribed statutory jurisdiction by conducting affairs outside of the limitations allowed by statute by refusing to supply a court reporter upon demand by the accused [Fn-9] [Fn-10.]
Accused also contends that in personam jurisdiction was lost when the accused was placed under civil arrest by officer Wagner. Civil arrest, which is highly criticized and historically used only in post judgement, to secure the payment of such judgment, was improperly used. As a result accused was pulled into this court action involuntarily. By exceeding his jurisdiction in arresting the accused, Officer Wagner forfeited in personam jurisdiction in this case. It is further alleged by the accused that Officer Wagner did not have probable cause to make an arrest for a public offense [Fn-8.]

Footnotes
*Fn-1
Code of Civil Procedure sec. 21. “These remedies are divided into two classes:
1. Actions; and,
2. Special proceedings.”

*Fn-2
Code of Civil Procedure sec. 22. “An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the declaration, enforcement, or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.”

*Fn-3
Code of Civil Procedure sec. 24. “Actions are of two kinds:
1. Civil; and,
2. Criminal.”

*Fn-4
Code of Civil Procedure sec. 25. “A civil action arises out of:
1. An obligation;
2. An injury.”

*Fn-5
Code of Civil Procedure sec. 31. THE PENAL CODE defines and provides for the prosecution of a criminal action.

*Fn-6
Code of Civil Procedure sec. 32. When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the
other.

*Fn-7
People vs. Battle 50 Cal app. 3rd supp.1 AND People v. Sava 190 Cal App. 3rd 935 state that infractions are non-criminal

*Fn-8
Freedom Riders (F.I.G.H.T.) v. Hannigan (commissioner of CHP) (exact cite unknown at this time) This 9th circuit federal appellate court ruling states that in California traffic stops are arrests for which probable cause is needed.


*Fn-9
Auto Equity Sales, Inc. v. Superior Court , 57 Cal.2d 450 [S. F. No. 20843. In Bank. Mar. 22, 1962.] Reads in part (Emphasis added in bold):
“[1] Under these facts, whether or not the Kroiss case was decided correctly, the appellate department of the superior court exceeded its "jurisdiction," as that term is used in connection with the writ of certiorari, in refusing to follow a rule established by a court of superior jurisdiction.
[2] Certiorari, like prohibition, is, of course, a "juristdictional" writ. While it cannot be used to attack an error of a lower tribunal committed in the exercise of its jurisdiction, it is available when that tribunal has acted in excess of its "jurisdiction." (Simmons v. Superior Court, 52 Cal.2d 373 [341 P.2d 13]; Portnoy v. Superior Court, 20 Cal.2d 375 [125 P.2d 487].) [3] The meaning of "jurisdiction" for [57 Cal.2d 455] the purposes of certiorari and prohibition is different and broader than the meaning of the same term when used in connection with "jurisdiction" over the person and subject matter. (Abelleira v. District Court of Appeal, 17 Cal.2d 280 , 288 [109 P.2d 942, 132 A.L.R. 715]; Goldberg, The Extraordinary Writs and The Review of Inferior Court Judgments (1948) 36 Cal.L.Rev. 558, 576.) [4] In commenting on the meaning of "jurisdiction" in a prohibition case, it was said in Abelleira that, "Speaking generally, any acts which exceed the defined power of a court in any instance, whether that power be defined by constitutional provision, express statutory declaration, or rules developed by the courts and followed under the doctrine of stare decisis, are in excess of jurisdiction, in so far as that term is used to indicate that those acts may be restrained by prohibition or annulled on certiorari." (17 Cal.2d at p. 291.)”

*Fn-10
Mitchell v. Superior Court, 28 Cal.App.3d 759, 104 Cal Rptr 921.
"”... it seems well settled (and there appears to be no case holding to the contrary) that when a statute authorizes prescribed procedure, and the court acts contrary to the authority thus conferred, it has exceeded its jurisdiction, and certiorari will lie to correct such excess.'" (Also see: Rodman v. Superior Court (1939) 13 Cal.2d 262 , 269-271 [89 P.2d 109]; Code Civ. Proc., §§ 1068, 1222.)”“

*Fn-12
Ralph v Police Court of El Cerrito (1948) 84 Cal App.2d 257, 190 P2d 632.
“Where defendant charged in a police court with violation of § 505(b) pleaded not guilty and did not waive the filing of a complaint, such filing was mandatory.”

*Fn-13
People v Agnew (1952, App Dep't Super Ct) 110 Cal App 2d Supp 837, 242 P2d 4 10.

“Jurisdiction of the Municipal Court of Los Angeles to try a defendant for a traffic:violation and enter judgment depends upon the existence of a formal complaint.”

*Fn-14
Rupley v Johnson (1953) 120 Cal App 2d 548, 261 P2d 318.

“On a plea other than guilty to traffic violations and in the absence of a waiver, a complaint must be filed before the court has jurisdiction.”

*Fn-15
Gavin v Municipal Court of San Diego Judicial Dist. (1960, 4th Dist) 184 Cal App 2d 712, 7 Cal Rptr 732.

“Defendant cited for and charged with violating section of Vehicle Code who pleads not guilty and does not waive filing of misdemeanor complaint, is not brought within jurisdiction of municipal, or other inferior, court, until verified complaint charging him with offense in question has been filed.”

I SWEAR THAT THE FORGOING INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOLEDGE.



By: __________________
Xxxxxxxx Xxxxxxxx DATE___________

[Codee]

I am currently working up a motion to dissmiss which is a four sentance one paragraph body and the rest of the pade is the footnotes snips I included. The whole document and support is one page. I currently have a friend testing it out. Well see. The one above has had many successes.

[Soldier of Truth]

Well you get no argument from me, I was just pointing out the definite lack of jurisdiction of a "criminal" proceeding for a "non-criminal" offense. As was stated by you or another post, if you look at the B.S. long enough you'll find all kind of contradictions and flaws.

Originally Posted by Codee

Traffic Stops are definitly arrests.

All judges admit to me that infraction proceedings are non-criminal

I would recomend you check out my post on "seatbelt ticket win w/ SMJ" In the success stories. I have some research about "civil arrests" and expand the arrest thing. Anyway I have changed this Doc. since posting but it generally says it all here. ?If you are going to be arguing infractions however I will point out to you that the best way is to win on a failure to file formal complaint. That argument almost always wins. It only doesn't when a complaint has been filed. I have never seen an infraction only formal complaint.

SUPERIOR COURT
IN ______ COUNTY
AT ________ CITY CALIFORNIA
95959

PEOPLE OF THE STATE OF CALIFORNIA

V
CASE DOCKET# __________
XXXXXX X. XXXXXXX

Appearing specially
Motion to Dismiss due to lack of Jurisdiction


NOTICE
1) The court upon receipt of this document, will be deemed noticed of Xxxxxx Xxxxxx’s motion to dismiss due to lack of jurisdiction.

ARGUMENT
It is hereby argued by the accused that the immediate court and the prosecuting party lack both subject matter jurisdiction and in personam jurisdiction.
The immediate court lacks subject matter jurisdiction. The code of civil procedure explicitly states that there are but two types of remedies, special proceedings and actions [Fn-1.] These two types of actions are civil and criminal [Fn-3.] This ought to mean that if an action is “non-criminal” then it is civil. The right to prosecute one type of action is not merged with the other a when person’s conduct violates both civil and criminal elements of the law [Fn-6.] The code of civil procedure states that the penal code proscribes the procedure for prosecuting criminal actions [Fn-5.] [Fn-2] [Fn-4]
The accused has been subject to criminal procedure for a civil action [Fn-7.] Accused has been kept in court-to-court arrest and enjoys liberty only upon signing a bail or recognizance. This is a display of criminal jurisdiction in a civil matter.
The accused had a plea entered by the court of not guilty. The court then held accused on a recognizance. The accused was never shown a formal complaint, which is required to be filed, so as to retaining jurisdiction. Holding of the accused by way of recognizance is within jurisdictional limitations for crimes with a formal complaint on record. Without such a complaint jurisdiction does not exist to hold. A court without jurisdiction has no power to hold, continue or otherwise proceed [Fn-13] [Fn-14] [Fn-15.]
Further, this court exceeded and continues to exceed its proscribed statutory jurisdiction by conducting affairs outside of the limitations allowed by statute by refusing to supply a court reporter upon demand by the accused [Fn-9] [Fn-10.]
Accused also contends that in personam jurisdiction was lost when the accused was placed under civil arrest by officer Wagner. Civil arrest, which is highly criticized and historically used only in post judgement, to secure the payment of such judgment, was improperly used. As a result accused was pulled into this court action involuntarily. By exceeding his jurisdiction in arresting the accused, Officer Wagner forfeited in personam jurisdiction in this case. It is further alleged by the accused that Officer Wagner did not have probable cause to make an arrest for a public offense [Fn-8.]

Footnotes
*Fn-1
Code of Civil Procedure sec. 21. “These remedies are divided into two classes:
1. Actions; and,
2. Special proceedings.”

*Fn-2
Code of Civil Procedure sec. 22. “An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the declaration, enforcement, or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.”

*Fn-3
Code of Civil Procedure sec. 24. “Actions are of two kinds:
1. Civil; and,
2. Criminal.”

*Fn-4
Code of Civil Procedure sec. 25. “A civil action arises out of:
1. An obligation;
2. An injury.”

*Fn-5
Code of Civil Procedure sec. 31. THE PENAL CODE defines and provides for the prosecution of a criminal action.

*Fn-6
Code of Civil Procedure sec. 32. When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the
other.

*Fn-7
People vs. Battle 50 Cal app. 3rd supp.1 AND People v. Sava 190 Cal App. 3rd 935 state that infractions are non-criminal

*Fn-8
Freedom Riders (F.I.G.H.T.) v. Hannigan (commissioner of CHP) (exact cite unknown at this time) This 9th circuit federal appellate court ruling states that in California traffic stops are arrests for which probable cause is needed.


*Fn-9
Auto Equity Sales, Inc. v. Superior Court , 57 Cal.2d 450 [S. F. No. 20843. In Bank. Mar. 22, 1962.] Reads in part (Emphasis added in bold):
“[1] Under these facts, whether or not the Kroiss case was decided correctly, the appellate department of the superior court exceeded its "jurisdiction," as that term is used in connection with the writ of certiorari, in refusing to follow a rule established by a court of superior jurisdiction.
[2] Certiorari, like prohibition, is, of course, a "juristdictional" writ. While it cannot be used to attack an error of a lower tribunal committed in the exercise of its jurisdiction, it is available when that tribunal has acted in excess of its "jurisdiction." (Simmons v. Superior Court, 52 Cal.2d 373 [341 P.2d 13]; Portnoy v. Superior Court, 20 Cal.2d 375 [125 P.2d 487].) [3] The meaning of "jurisdiction" for [57 Cal.2d 455] the purposes of certiorari and prohibition is different and broader than the meaning of the same term when used in connection with "jurisdiction" over the person and subject matter. (Abelleira v. District Court of Appeal, 17 Cal.2d 280 , 288 [109 P.2d 942, 132 A.L.R. 715]; Goldberg, The Extraordinary Writs and The Review of Inferior Court Judgments (1948) 36 Cal.L.Rev. 558, 576.) [4] In commenting on the meaning of "jurisdiction" in a prohibition case, it was said in Abelleira that, "Speaking generally, any acts which exceed the defined power of a court in any instance, whether that power be defined by constitutional provision, express statutory declaration, or rules developed by the courts and followed under the doctrine of stare decisis, are in excess of jurisdiction, in so far as that term is used to indicate that those acts may be restrained by prohibition or annulled on certiorari." (17 Cal.2d at p. 291.)”

*Fn-10
Mitchell v. Superior Court, 28 Cal.App.3d 759, 104 Cal Rptr 921.
"”... it seems well settled (and there appears to be no case holding to the contrary) that when a statute authorizes prescribed procedure, and the court acts contrary to the authority thus conferred, it has exceeded its jurisdiction, and certiorari will lie to correct such excess.'" (Also see: Rodman v. Superior Court (1939) 13 Cal.2d 262 , 269-271 [89 P.2d 109]; Code Civ. Proc., §§ 1068, 1222.)”“

*Fn-12
Ralph v Police Court of El Cerrito (1948) 84 Cal App.2d 257, 190 P2d 632.
“Where defendant charged in a police court with violation of § 505(b) pleaded not guilty and did not waive the filing of a complaint, such filing was mandatory.”

*Fn-13
People v Agnew (1952, App Dep't Super Ct) 110 Cal App 2d Supp 837, 242 P2d 4 10.

“Jurisdiction of the Municipal Court of Los Angeles to try a defendant for a traffic:violation and enter judgment depends upon the existence of a formal complaint.”

*Fn-14
Rupley v Johnson (1953) 120 Cal App 2d 548, 261 P2d 318.

“On a plea other than guilty to traffic violations and in the absence of a waiver, a complaint must be filed before the court has jurisdiction.”

*Fn-15
Gavin v Municipal Court of San Diego Judicial Dist. (1960, 4th Dist) 184 Cal App 2d 712, 7 Cal Rptr 732.

“Defendant cited for and charged with violating section of Vehicle Code who pleads not guilty and does not waive filing of misdemeanor complaint, is not brought within jurisdiction of municipal, or other inferior, court, until verified complaint charging him with offense in question has been filed.”

I SWEAR THAT THE FORGOING INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOLEDGE.



By: __________________
Xxxxxxxx Xxxxxxxx DATE___________

[Codee]

Also if you are in California take a look at the "court reporter" requirement for tickets. That is just a little icing on the cake.

Above, I realy wanted them to addmit that it was not even an "Action" that it was a special proceeding. There is no Case nor Action. So don't bring Case and Action defences!!!