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photo radar

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  • mobinem@aol.com
    Following is the response I received from the attorney that wrote the preeminent book on photo radar called smile for the speed camera , Susan Kayler, Esq.,
    Message 1 of 12 , Oct 30, 2007
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      Following is the response I received from the attorney that wrote the preeminent book on photo radar called "smile for the speed camera", Susan Kayler, Esq., concerning my definition for the word "charge" and my documents addressing the court and rights of privacy as pertaining to photo radar tickets. I have had several reports of people getting flashed and not getting tickets. It appears these documents are working.
       
      Dear John,
       
      You are obviously a legal scholar, or at least the kind of legal scholar there used to be when we CARED about words and what they meant!
       
      Our guess is that since speeding used to be a criminal "charge" the term stuck, but you are absolutely right that they are using it wrong.  But then again, they are doing so much illegal, wrong, deceptive, with photo radar and they don't care.
       
      Keep fighting the good fight.  There is value in giving words their true meaning!
       


      John-Chester: Stuart: sovereign without subjects

      623-206-4339
      mobinem@...
      c/o postal service location
      21001 N. Tatum Blvd. Suite 1630472
      Phoenix, Arizona republic cf 85050 cf




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    • Baruch HaShem
      Our guess is that since speeding used to be a criminal charge the term stuck, but you are absolutely right that they are using it wrong. If the contention
      Message 2 of 12 , Nov 3, 2007
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        Our guess is that since speeding used to be a criminal "charge" the term stuck, but you are absolutely right that they are using it wrong. 

        If the contention that "charge" when used in a civil sense means a demand for payment, then as I have considered the issue, the ticket itself must represent a Bill of Exchange.

        Bill of Exchange
        http://en.wikipedia.org/wiki/Bill_of_exchange
        A bill of exchange is a written order by the drawer to the drawee to pay money to the payee. The most common type of bill of exchange is the cheque, which is defined as a bill of exchange drawn on a banker and payable on demand. Bills of exchange are used primarily in international trade, and are written orders by one person to his bank to pay the bearer a specific sum on a specific date sometime in the future.
        Prior to the advent of paper currency, bills of exchange were a more significant part of trade. They are a rather ancient form of instrument: they were used by medieval trade fairs, such as the Frankfurt Trade Fair.
        In the United States, Article 3 and Article 4 of the Uniform Commercial Code govern the issuance and negotiation of negotiable instruments.
        For a writing to be a negotiable instrument under Article 3, the following requirements must be met:
        1. The promise or order to pay must be unconditional;
        2. The payment must be in a specific sum of money, although interest may be added to the sum;
        3. The payment must be made on demand or at a definite time;
        4. The instrument must be payable to bearer or to order.
        5. The instrument does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money.
        Persons other than the original obligor and obligee can become parties to a negotiable instrument. The most common manner in which this is done is by placing one's signature on the instrument: if the person who signs does so with the intention of obtaining payment of the instrument or acquiring or transferring rights to the instrument, the signature is called an indorsement. An indorsement which transfers the instrument to a specified person is a special indorsement. An indorsement by the payee or holder which does not contain any additional notation (thus making the instrument payable to bearer) is a indorsement in blank. An indorsement which requires that the funds be applied in a certain manner (i.e. "for deposit only", "for collection") is a restrictive indorsement.

        Whoever has the original copy is to present it when demand for payment is made. In the several states where I have been issued these Bills of Exchange, I have always received a copy, and when I go to check the court records prior to my limited appearance, there is another copy in the court records (often times the only thing in the court records).

        Does anyone really know where the original goes? This also brings up questions about having an original contract on file for the court case to proceed if this is going to be a civil rather than criminal trial.

        Am I missing something here?

        truthseeker

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      • mobinem@aol.com
        In a message dated 11/3/2007 8:40:41 P.M. US Mountain Standard Time, inpursuitoftruth@yahoo.com writes: If the contention that charge when used in a civil
        Message 3 of 12 , Nov 3, 2007
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          In a message dated 11/3/2007 8:40:41 P.M. US Mountain Standard Time, inpursuitoftruth@... writes:
          If the contention that "charge" when used in a civil sense means a demand for payment, then as I have considered the issue, the ticket itself must represent a Bill of Exchange.

           
          Charge is synonymous with bill, not bill of exchange. They are very different concepts:

          bill

          Middle English, from Anglo-French & Medieval Latin; Anglo-French bille, from Medieval Latin billa, perhaps alteration of bulla, papal seal

          Date: 14th century

          1: an itemized list or a statement of particulars (as a list of materials or of members of a ship's crew)

          2: a written document or note

          3 obsolete : a formal petition

          4 a: an itemized account of the separate cost of goods sold, services performed, or work done :    invoice b: an amount expended or owed c: a statement of charges for food or drink : check

          8 a: a piece of paper money b: an individual or commercial note <bills receivable> cslang : one hundred dollars

           

          transitive verb

          Date: 14th century

          1 a: to enter in an accounting system : prepare a bill of (charges) b: to submit a bill of charges to c: to enter (as freight) in a waybill d: to issue a bill of lading to or for2: to announce (as a performance) especially by posters or placards

           

          bill of exchange

          Date: 1534

          : an unconditional written order from one person to another to pay a specified sum of money to a designated person

           

          The issue here is they are billing you (written as charge) for the privilege of speeding.


          Whoever has the original copy is to present it when demand for payment is made. In the several states where I have been issued these Bills of Exchange, I have always received a copy, and when I go to check the court records prior to my limited appearance, there is another copy in the court records (often times the only thing in the court records).
          The ticket will state that you are receiving a copy of the receipt, it is important to understand what a receipt is.


          Does anyone really know where the original goes?
          The ticketor (contract offeror) keeps the original and the ticketee (contract acceptor) gets a copy of the contract he accepts. Read U.C.C. 3-501, 3-503, 3-603 to understand why the acceptor must return the contract within 72 hours and claim it was offered under fraudulent terms and vi et armis (force of arms).
          This also brings up questions about having an original contract on file for the court case to proceed if this is going to be a civil rather than criminal trial.
          Judges reserve the right to accept copies if the copy is deemed a valid, see Federal Rules of evidence 902.


          Am I missing something here?
          Yes, the difference between bill and bill of exchange, the definition of receipt, and court requirements for valid documentation.


          John-Chester: Stuart: sovereign without subjects

          623-206-4339
          mobinem@...
          c/o postal service location
          21001 N. Tatum Blvd. Suite 1630472
          Phoenix, Arizona republic cf 85050 cf




          See what's new at AOL.com and Make AOL Your Homepage.
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