11-04-2006, 10:24 PM
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Banned User
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Join Date: Apr 2006
Location: Freedom. some call Cal.
Posts: 2,330
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Yes Rentiap,
Start questioning the assumptions... Not just the ones about who you are but also about what the statutes are really saying. A lack of this understanding could make one look like a fool with his pants down in the middle of a constitutional argument saying that the statutes are unconstitutional as written when they need to know that they are only unconstitutional as applied.
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Educational and entertainment only. Nothing posted intended as legal advice. Nothing is legal advice. All responses are general in nature even if responding to a specific question. Nothing in my posts pertains to ANYONE else but me.
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11-06-2006, 09:21 AM
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Unplugged
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Join Date: Dec 2004
Posts: 68
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Lookee here @ what I found!!
After reading the DMV statutes here in North Carolina, this is what I found:
Quote:
NCGS § 20-114. Duty of officers; manner of enforcement.
(a) For the purpose of enforcing the provisions of this Article, it is hereby made the duty of every police officer of any incorporated city or village, and every sheriff, deputy sheriff, and all other lawful officers of any county to arrest within the limits of their jurisdiction any person known personally to any such officer, or upon the sworn information of a creditable witness, to have violated any of the provisions of this Article, and to immediately bring such offender before any magistrate or officer having jurisdiction, and any such person so arrested shall have the right of immediate trial, and all other rights given to any person arrested for having committed a misdemeanor. Every officer herein named who shall neglect or refuse to carry out the duties imposed by this Chapter shall be liable on his official bond for such neglect or refusal as provided by law in like cases.
with the following definition:
Person. – Every individual, firm, partnership, association, corporation, governmental agency, or combination thereof of whatsoever form or character.
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So, this is telling me that a man in a blue uniform with a gun cannot even stop me unless I am known personally to him, or until (that means after) he has a sworn statement from a credible witness (which does not inlcude himself) that I have violated any of the DMV statutes.
Am I reading this correctly? Is that you all's take on this?
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11-06-2006, 09:45 AM
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Come and Get Some!
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Join Date: Oct 2005
Location: Maryland
Posts: 2,745
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Quote:
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Originally Posted by sfergnel
.... a man in a blue uniform with a gun cannot even stop me unless I am known personally to him, or until (that means after) he has a sworn statement from a credible witness (which does not inlcude himself) that I have violated any of the DMV statutes.
Am I reading this correctly?
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The "known personally" does not mean that he already knows your name or anything about you. It means that he himself saw you commit a violation. Or, if he didn't see it himself, then he must have a reliable accusation from someone who did see it. |
11-07-2006, 07:08 PM
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Banned User
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Join Date: Apr 2006
Location: Freedom. some call Cal.
Posts: 2,330
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Quote:
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Originally Posted by Shoonra
The "known personally" does not mean that he already knows your name or anything about you. It means that he himself saw you commit a violation. Or, if he didn't see it himself, then he must have a reliable accusation from someone who did see it.
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That is not what "personally known" means to a notary when they sign that you are known personally to them. Where are you finding a different definition between these two examples. The personally known to the notary has been establishing use for meaning "ACTUALLY KNOWING" the person AND there name.
__________________
Educational and entertainment only. Nothing posted intended as legal advice. Nothing is legal advice. All responses are general in nature even if responding to a specific question. Nothing in my posts pertains to ANYONE else but me.
Hire an Attorney.
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11-08-2006, 03:23 PM
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Banned User
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Join Date: Apr 2006
Location: Freedom. some call Cal.
Posts: 2,330
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Quote:
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Originally Posted by sfergnel
After reading the DMV statutes here in North Carolina, this is what I found:
Am I reading this correctly? Is that you all's take on this?
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Yea!!! Good for you sfergnel. You have paid close enough attention. Do that same process to the other codes... See what you find in your state and please share it here.
__________________
Educational and entertainment only. Nothing posted intended as legal advice. Nothing is legal advice. All responses are general in nature even if responding to a specific question. Nothing in my posts pertains to ANYONE else but me.
Hire an Attorney.
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11-08-2006, 05:41 PM
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Practice Makes Perfect
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Join Date: Oct 2006
Location: georgia state
Posts: 449
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Codee and others,
Thanks for all your help, especially Codee for helping me with some stuff via PM. I have been out of town and not reading the forums, until now.
I have ordered TS docs and filed them with the city last Thursday. I should be getting the receipts back any day now as the city is over an hour away, I filed everything by mail.
Hopefully, with the information here and some additional reading (if I can get it all to sink in) I will be good to go.
Should I have something to show the court that 'proves' Thom is not THOM? I havent done a DBA or any of that type of stuff yet and am still undecided on it. Maybe a sworn statement that the two are different and get it witnessed by two ppl who know me??
thanks again
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Blowing down the house of cards, one puff at a time.
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11-08-2006, 06:22 PM
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Banned User
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Join Date: Apr 2006
Location: Freedom. some call Cal.
Posts: 2,330
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Quote:
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Originally Posted by ThomPaine
Should I have something to show the court that 'proves' Thom is not THOM? I havent done a DBA or any of that type of stuff yet and am still undecided on it. Maybe a sworn statement that the two are different and get it witnessed by two ppl who know me??
thanks again
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Your welcome,
However there is nothing in this thread talking about the requiring of an exsize of THOM and Thom. And I would realy not like to go there. This should be a thread about codes and statutes. There maybe a presumption that I am a state employee or a corporation, or some other person that I am not. I would think a good old affidavit of who I was should do the trick. I think I will do that the next time through the grinder eh?
Good Luck Thom!!!
__________________
Educational and entertainment only. Nothing posted intended as legal advice. Nothing is legal advice. All responses are general in nature even if responding to a specific question. Nothing in my posts pertains to ANYONE else but me.
Hire an Attorney.
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11-08-2006, 06:32 PM
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Practice Makes Perfect
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Join Date: Oct 2006
Location: georgia state
Posts: 449
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Did some quick reading through the info that was posted and through my 'ticket' info and think I have found a plan B.
Right on the 'ticket' it is stated that running a red light with a camera is a CIVIL INFRACTION and is not a criminal offense. If you pay the fine you will not get any points on your record, etc.
In this particular section:
40-13-21
(a) The probate courts and municipal courts of the incorporated towns and cities of this state, acting by and through the judges or presiding officers thereof, shall have the right and power to conduct trials, receive pleas of guilty, (can they not receive pleas of NOT GUILTY or NOLO?) and impose sentence, in the manner required by law, upon defendants violating any and all criminal laws of this state relating to traffic upon the public roads, streets, and highways of this state where the penalty for the offense does not exceed that of the grade of misdemeanor.
IN 40-6-20 it is stated that running a red light camera is a civil infraction as well. Isnt a civil suit between two private parties? Like maybe me and the red light company or a the "corporate" city of xyz? Then running a red light is not a crime and the city could be the same as McDonalds or Walmart, there is no damaged party and have no complaint against me...
along with some stuff that was previously posted, i read this to say that traffic offenses must be criminal in order to be prosecuted by a cities municipal court, at least under Georgia code and if there is no crime committed it is not a traffic offense. Unless I am missing something this seems to be an easy way out and I know that in many places traffic offenses are 'civil infractions' or something of the sort.
So if the TS docs dont work out for some reason, now I have a plan b and may be even a plan C.
Thoughts and comments appreciated.
Thom
__________________
Blowing down the house of cards, one puff at a time.
Last edited by ThomPaine : 11-08-2006 at 06:38 PM.
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11-08-2006, 06:52 PM
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Banned User
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Join Date: Apr 2006
Location: Freedom. some call Cal.
Posts: 2,330
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Quote:
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Originally Posted by ThomPaine
along with some stuff that was previously posted, i read this to say that traffic offenses must be criminal in order to be prosecuted by a cities municipal court, at least under Georgia code and if there is no crime committed it is not a traffic offense. Unless I am missing something this seems to be an easy way out and I know that in many places traffic offenses are 'civil infractions' or something of the sort.
So if the TS docs dont work out for some reason, now I have a plan b and may be even a plan C.
Thoughts and comments appreciated.
Thom
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I think I had addressed this in post #99. Read all of your codes yourself Thom and come up with your ideas. You sound like you are doing fine. I posted just a little to get you started but there is surely alot left to be learned in Georgia. Please share what you find here. Thanks for the contribution.
__________________
Educational and entertainment only. Nothing posted intended as legal advice. Nothing is legal advice. All responses are general in nature even if responding to a specific question. Nothing in my posts pertains to ANYONE else but me.
Hire an Attorney.
Last edited by Codee : 11-09-2006 at 04:50 PM.
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11-08-2006, 10:24 PM
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Unplugged
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Join Date: Oct 2006
Location: Idaho
Posts: 54
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Forgive me it this has been addressed in this or another thread but I was looking through the downloads and found “IDIOT LEGAL ARGUMENTS”. Before I use some of the different suggestions I have read in this forum about how to handle traffic tickets I would like some clarification.
1 can these different defenses blow up in my face regardless if I have the proper paper work and handle my self in court properly?
2 if I fail to prevail can the court impose a larger penalty on me?
3 if this has been addressed before can you tell me where to find it?
See attached file for a portion of “IDIOT LEGAL ARGUMENTS”.
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