19215Re: [tips_and_tricks] I got a summons yesterday.
- Mar 3, 2013
> I told the policeman I would sign. Over my signature I wrote "CoactusIn California, signing a traffic ticket waives several rights, one of the
> Feci" and
> under the signature I wrote "All rights reserved." and UCC 1-308.
best that they can never hardly fulfill is the right to a formal verified
complaint. Accepting the ticket is the alternative most often chosen by
the accused. Waiving that makes it much easier on them. It also waives
the important right to be taken immediately before a magistrate, where the
so-called officer could be instantly disqualified, and then the magisrate
as well, rendering the whole affair a nullity.
> There is little one can do at arraignment for traffic violations otherHere, it is different. Here, first off, you can bring up the pending
> than just listen and try not to give them any more evidence that they can
> use against you.
official disqualifications you have initiated and then if they can
properly set the court (bet against that!) you can demand a formal
verified complaint (which they NEVER have) (because they count on EVERYONE
to waive it!) and demand a competent party to do the arraignment (whom
they also almost never have) and you can demand the list of witnesses
(none) and also you can get time to answer (but few seldom use this time
for what it's for).
> So to begin with, I will presume you have drivers license, registrationI never had those, but won the issues three times three different ways.
> and insurance. If you don't that is OK, I think it is better in the long
> run if you have none of these, but if you do you must first agree that you
> have consented to being regulated and live with that fact.
> Regardless of where your case is, file a Demand For Jury Trial, and aMotions grant jurisdiction while demands do not. Most people are too
> Demand For Speedy Trial. These are not motions they are Demands written
> much like a motion but are not.
timid to make demands. Asking for a continuance grants jurisdiction and
waives the right to a speedy trial. The speedy trial right is very
powerful because today it is nearly impossible for them to prepare fast
> You need to direct case related questions to the DA, and certain questionI ALWAYS ask to confer with the judge and DA "in chambers" specifically to
> regarding Oaths of Office to the Clerk of the Court. Do not insult the
> judge by asking him directly in a court room.
spare them embarrassment in front of the Peanut Gallery. If they ask
"why?" I say, "to discuss several pending disqualications". And even
Clerks and DA's need oaths and bonds, so you may need to hunt up a
competent clerk if yours is a phony. You find this out by going and
getting the oaths and bonds before you actually need them, or as soon afer
the incident as possible.
> assign judges to cases, the judge does not get to pick and chose.Any judge may recuse himself to spare the embarrassment of having you do it.
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