How To Fight Your Traffic Ticket?
This is the procedures if followed allows you to get a not guilty verdict but if you need legal help, you should get an attorney.9 min read
Although we do not know the identity of the author, the below file is real. However, we do not suggest you follow most of its advice -- unless you are attempting to see how many cops and Judges you can get REALLY pissed-off. We can't remember when we saw so much bad advice in one place. And honest, we didn't add anything to the material. - 'LLL staff
MERRY CHRISTMAS, THIS IS THE PROCEDURES IF FOLLOWED ALLOWS YOU TO GET A NOT GUILTY VERDICT - REMEMBER I AM NOT A LAWYER, BUT IF YOU NEED LEGAL HELP, GET AN ATTORNEY - IN THE MEANTIME STUDY THE EVIDENCE CODE - IT IS THE KEY TO SUCCESS - THESE PROCEDURES HAVE WON - SO THE REST IS UP TO YOU!!!!!
The following procedures can be followed so that you can enter all the required briefs and motions into court. Remember all motions and briefs must have an affidavit or declaration attached to it. All papers must be filed 10-15 days prior to hearing of the issues.
(1) Demurrer/motion to abate (only 1 demurrer can be filed and it must be filed prior to entering of a plea.) As you leave the courtroom, stop by the clerks window and file the following motions: (set date for the same date as the hearing on the demurrer)
(a) Motions in Limine (as many as you want) (b) Motion to Dismiss for lack of jurisdictional fact.
(2) Affidavit of citizenship (P.C. 1401)
(3) Judicial Notice (as many as you want each covering a different subject.) i.e. Blacks Law Dictionary, Citizenship, court cases, statutes (federal or state), prior affidavits or letters under P.C. 1401,
(4) Motion to dismiss (as many as you want each covering a different subject.)
WHERE IS THE EVIDENCE?
After filing your papers, and when into trial, you must first argue the motions in limine prior to addressing the other motions that you have filed.
Remember the judge cannot use his personal knowledge of the law or feelings while ruling from the bench, he can only rule on the evidence before him. Explain this to him by saying, "Your Honor, the court cannot use its personal knowledge or feelings in rendering its decision, but, must rule on the evidence submitted to the court."
Make them prove every aspect of the case and every element with proof on the record (evidence submitted to the court).
The officer may make statements but you can object to that by stating "Objection, that is only hearsay and inadmissible, that is only the officer's interpretation of the law and not the true intent of Legislature." Make them prove everything!!!!
The government almost never refutes your affidavits, and then they must stand, without any other controverting documents. The prosecution should take the stand and under penalty of perjury in order to refute your affidavits. Remember, this affidavit is evidence, in fact it may be the only evidence before the court.
Whenever the witness or prosecution states a word that you have filed a motion in limine on, you must state: "object, no such foundation laid for using the ambiguous term"
Keep asking for the evidence!!!
Keep asking "Where is the Evidence???" or Your honor there is no evidence before the court that permits that decision, the only evidence and facts before this court is what I have presented to the court, these facts and evidence are undisputed, and have not been controverted by anyone before the court or Your honor, I have placed several affidavits before the court, these affidavits are public records and have been filed under another number in the judicial system. Therefore, I am requesting that the court take notice of them prior to proceeding in this matter.
HOW TO ENTER EVIDENCE INTO COURT
1. Have the witness take the stand.
2. Ask the officer, "Is this the card I showed you when you asked me for a driver's license." (Or what ever document it is -is this the letter that I sent your office, etc.) [you are laying the foundation].
3. After the officer identifies the item, give it to the court clerk, and ask her to mark it as defense exhibit A (defense is alphabetical, prosecution is numerical), after she marks it, get it back from her and ask the officer to read the front of the card. Then show it to the Judge, then the prosecutor, then give it back to the clerk for safekeeping.
4. You can enter all the letters/affidavits that you have sent to the DMV by following the below steps.
(a) Send a letter by registered mail to the DMV requesting that they send a copy of (whatever you want-describe it by date and certified/registered mail number) to the Municipal Court, Case number (ticket number)
Please send an affidavit rebutting/approving of the below listed document, and certified copy of the Document entitled XXXXXXXXXX, dated xxxxxx, registered mail number xxxxxxxx, to the Municipal Court, at xxxxxx St, Jerktown, California.
This request is made under Evidence Code sections 1560-62. This document is to be used as evidence in the above noted case. (This is a sample)
Questions: - How long were you in the academy? - Were you trained in the proper application of the law? - As a officer enforcing the vehicle code, are you not required to know and understand the meanings and proper application of such law? - Officer do you have personal knowledge of the meaning of the term ---- as it is defined in the law you were taught to enforce?
You: Your Honor I am attempting to lay a foundation to establish that the officer has been improperly trained, is biased, is involved in a civil conspiracy to deprive me of my property and lacks personal knowledge, and therefore is an incompetent witness as it relates to the issue before the court.
- In the academy how may hours were you trained in the proper application of the vehicle code, and were you taught that it applied to everyone without exception?
- Were you taught that the Vehicle Code is a special law with general applicability and not a general law applying to everyone?
- Do you have personal knowledge of the meanings of the term DRIVE, RESIDENT, OPERATOR, DRIVER, MOTOR VEHICLE, VEHICLE. as those terms are defined and used in the statute that created the vehicle code? NO
NO - then you are stating that you do not know the legal meanings of the laws that you are enforcing
- Were you taught that the vehicle code applies to all commercial activities?
- (if no) does the vehicle code apply to commercial vehicles?
- (if yes) was I involved in any commercial activity at the time you stopped me
Any time an objection is raised, you should take exception and explain to the judge that the foundation that you are laying is important to your defense.
After all the questions are asked that you feel is necessary or you have laid the proper foundation then!!!!
Your Honor, I move the court to strike all testimony by this officer, as he has stated on record that he does not understand the laws that he is enforcing, and as such is biased, and is incompetent to be a witness.
You can always set the court up by asking "Does this court only address facts in this matter??
Then you can preface all your statements with "It is a fact or fact of law that -
"It is a fact of law that the Penal Code makes a legal distinction between the term "person" and "citizen"
"It is a fact of law that there are two constitutions here in California, one for the U.S. citizens, and one for state citizens"
"It is a fact that I am a citizen of California"
Learn how to cross examine anyone - this procedure can be used in most trials just change the main procedures - In the case of a police officer:
Prosecution: "Officer state your name"
Officer: "My name is John Smithe"
You: OBJECTION, requires a personal opinion, based upon hearsay, and not supported by any recognizable factual evidence before the court!!
These following types of statements can be objected to:
"I observed the defendant driving"
OBJECTION: "The use of the term "driving" Requires a personal opinion and a conclusion of law with a legal interpretation of the law by this officer, and this witness is not an attorney or other qualified person to interpret the law.
The following terms should be objected to as they require the above statement:
- Motor vehicle
There are many terms that have special meanings in the law, and you should object to each and every one of them
You can always question the officer if you want:
Say to the court: "I am invoking the hostile witness provisions since the witness is an agent of the government." Once you do this you can ask leading questions that require a yes or no answer. If the prosecution objects, you should say "I am attempting to lay a foundation, if the court has no objection."
Some Good Questions (and make up your own to fit the circumstances):
- Where did you stop me, in the State of California, or in California state.?
- Officer when you stopped me were you operating under the presumption that I had committed some violation?
- Officer did I identify myself upon your request?
- Officer did I give you an identification card that stated who I was?
- Officer is this the identification card that I gave you.? Say "I want this marked as exhibit one as evidence."
- Officer during our conversation at the side of the road, I gave you several documents that I had sent to the DMV and other agencies, are these the documents that I showed you? Say, "I want these marked as exhibits two, three and four" (if you had all three documents, or as many as you showed him)
- Officer when you stopped me did you think I was the person identified in the vehicle code?
- Officer were you ever informed that a "citizen" is not the same as a "person" identified in the vehicle code? (Have the officer read Section 228 and 232 of the Penal Code)
- Officer, was I involved in any type of commercial activity when you stopped, like hauling freight, operating a taxicab or any other type of commercial activity on the highways?
- Officer is this the citation that you issued to me? (show officer the ticket)
- Officer did you check the box marked traffic?
- Officer, do you understand the legal meaning of the word traffic? Have the officer read the definition out of Black's Law Dictionary
- Officer, so you make a mistake in marking the traffic box, after stating previously that I was not involved in any type of commercial activity.(yes)
- Officer, then this traffic citation is in error, is this not correct?
- Officer, then you have committed perjury from the witness stand by stating that I was not involved in any commercial activity, or you made a false arrest by issuing this ticket in error, which one is correct?
OBJECT TO THE STATEMENTS MADE BY ANY WITNESS OR THE PROSECUTION, ESPECIALLY WHERE THE LAW MAKES A SPECIFIC MEANING TO THE TERMS OR APPLICATION. IN OTHER WORDS - ALL THE TIME
In addition this is an argument that almost everyone can use if you have the proper paperwork prepared in advance.
If the judge denies any demurrer or motion without opposition, he is acting as an officer of executive branch, and this is a violation of the separation of powers doctrine.
You state: "Your honor, since the court has denied my --- I want the record to reflect that I am objecting to the judge representing the executive branch. I also am objecting to the violation of the separation doctrine by this court. For the record would the court like to state the authority for the violation of the separation of powers doctrine."
You must have on the record that you have objected to the violation, failure to do this precludes you from bringing this matter up on appeal.
After the police officer has testified, and leaves the witness stand, ask the court if the prosecution has rested?, If so, then you must state "Your Honor, I move the court for a judgment of acquittal, based upon insufficiency of the evidence, and failure of the prosecution to establish the proper jurisdictional facts.
If found guilty, ask for the five days between conviction and sentencing, this is the only time you can file an arrest of judgment.
If arrest of judgment is denied, the judge will ask you if there is anything else prior to sentencing (or words to that effect) this is the time for allocution.
Notice of appeal and request for stay of execution pending appeal (within 30 days)
Important get a copy of the transcript either tape recording or from the court reporter, this is required for the appeal process-if you want to win the appeal!!!!!
Note:The only thing we question regarding the above is why the author even mentions 'appeal' since the chance of losing is so remote. - 'LLL staff
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