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13766Re: [tips_and_tricks] Need some help on a traffic ticket junvenile case in Ca...

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  • mobinem@aol.com
    Mar 4 8:31 PM
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      I just got my first ticket in years and I have no idea of how similar our laws in Arizona are to yours. But the concept of proving the ticket is not legal might work in any state.
      1) An officer can not be a "party" to the case.
      2) The officer signed the ticket as the "complainant", another word for plaintiff, which is a party to the case.
      3) The officer is not an attorney but in order for the case to move forward he must act as the attorney.
         a) I doubt he registered as the attorney of record.
         b) I doubt he is registered to practice law. Do not confuse this with "licensed" to practice law. All states  other than Arizona require a license, it is a shame that there is no such thing as a license to practice law.
      4) See if the officer signed the ticket or just wrote his last name in capital letters.
      5) See if below his signature it says complainant, plaintiff, or the like.
      6) Check you state rule of civil and/or traffic procedures to see who must be the attorney of record.
      7) Take a flag into court with you. Inform the judge the law requires him to remove the admiralty flag.
       
      Arizona rules of procedure:

      Rule 5.1. Duties of Counsel
      (a) Attorney of Record: Withdrawal and Substitution of Counsel.
      (1) Attorney of Record: Duties of Counsel. No attorney shall appear in any action or file anything in any action without first appearing as counsel of record. In any matter, even if it has proceeded to judgment, there must be a formal substitution or association of counsel before any attorney, who is not an attorney of record, may appear. An attorney of record shall be deemed responsible as attorney of record in all matters before and after judgment until the time for appeal from a judgment has expired or a judgment has become final after appeal or until there has been a formal withdrawal from or substitution in the case.

      Rule 2. Definitions
      (f) "Party" means the state or the defendant. A law enforcement officer, police aide, traffic investigator, or parking enforcement volunteer is not a party.



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