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  • mobinem@aol.com
    I have been dealing with some people who have had great success in California with getting traffic tickets dismissed on 2 simple definitions. They claim these
    Message 1 of 6 , Jan 29, 2008
      I have been dealing with some people who have had great success in California with getting traffic tickets dismissed on 2 simple definitions. They claim these definitions are in every State and once you find them and use them judges won't look at the case. I do not have the time to look them up, but you may want to for future use.
       
      1) California Code 40600 state that a summons may only be issued during a traffic accident
      2) Arizona 28-5601 para. 12: "In this state" means any way or place within the exterior limits of the state of Arizona that is maintained by public monies, including any such way or place that is owned by or ceded to the United States of America.
       
      In other words, cops can only issue summons for accidents and can only issue any document on land owned by the US government.


      John-Chester of the family Stuart
      sovereign; HIDC of JCS is YHWH


      623-206-4339
      mobinem@...
      c/o postal service location
      21001 N. Tatum Blvd. Suite 1630472
      Phoenix, Arizona republic cf 85050 cf
      I am not an attorney and do not give
      legal advice, all information is for
      education purposes only.
      Read Luke 23:2 &
      Ephesians 6:12




      Start the year off right. Easy ways to stay in shape in the new year.
    • tthor.geo
      Here is what the California Vehicle Code reads [there is no literal only here] as of this date: 40600. (a) Notwithstanding any other provision of law, a
      Message 2 of 6 , Jan 30, 2008
        Here is what the California Vehicle Code reads [there is no
        literal 'only' here] as of this date:

        40600. (a) Notwithstanding any other provision of law, a peace
        officer who has successfully completed a course or courses of
        instruction, approved by the Commission on Peace Officer Standards
        and Training, in the investigation of traffic accidents may prepare,
        in triplicate, on a form approved by the Judicial Council, a written
        notice to appear when the peace officer has reasonable cause to
        believe that any person involved in a traffic accident has violated a
        provision of this code not declared to be a felony or a local
        ordinance and the violation was a factor in the occurrence of the
        traffic accident.
        (b) A notice to appear shall contain the name and address of the
        person, the license number of the person's vehicle, if any, the name
        and address, when available, of the registered owner or lessee of the
        vehicle, the offense charged, and the time and place when and where
        the person may appear in court or before a person authorized to
        receive a deposit of bail. The time specified shall be at least 10
        days after the notice to appear is delivered.
        (c) The preparation and delivery of a notice to appear pursuant to
        this section is not an arrest.
        (d) For purposes of this article, a peace officer has reasonable
        cause to issue a written notice to appear if, as a result of the
        officer's investigation, the officer has evidence, either testimonial
        or real, or a combination of testimonial and real, that would be
        sufficient to issue a written notice to appear if the officer had
        personally witnessed the events investigated.
        (e) As used in this section, "peace officer" means any person
        specified under Section 830.1 or 830.2 of the Penal Code, or any
        reserve police officer or reserve deputy sheriff listed in Section
        830.6 of the Penal Code, with the exception of members of the
        California National Guard.
        (f) A written notice to appear prepared on a form approved by the
        Judicial Council and issued pursuant to this section shall be
        accepted by any court.


        mobinem@... wrote:
        >
        > I have been dealing with some people who have had great success
        in
        > California with getting traffic tickets dismissed on 2 simple
        definitions. They claim
        > these definitions are in every State and once you find them and
        use them
        > judges won't look at the case. I do not have the time to look them
        up, but you
        > may want to for future use.
        >
        > 1) California Code 40600 state that a summons may only be issued
        during a
        > traffic accident
        > 2) Arizona 28-5601 para. 12: "In this state" means any way or
        place within the exterior limits of the state of Arizona that is
        maintained by public monies, including any such way or place that is
        owned by or ceded to the United States of America.
        >
        > In other words, cops can only issue summons for accidents and can
        only issue
        > any document on land owned by the US government.
      • BOB GREGORY
        We would need to know if this is the ONLY CVC section which authorizes the issuance of a notice to appear. It is possible that there could be another section
        Message 3 of 6 , Jan 30, 2008
          We would need to know if this is the ONLY CVC section which authorizes the issuance of a notice to appear.  It is possible that there could be another section for other violations (speed limits, for example) which do not involve accidents.

          Also, the last line of the post from mobinem implies that notices can only be issued on land owned by the U.S. government, but the code section clearly says "any way or place within the exterior limits of the state of Arizona that is maintained by public monies" and then goes on to say that the definition "includes" land owned by the U.S. government which has been ceded by the state.


          tthor.geo wrote:

          Here is what the California Vehicle Code reads [there is no
          literal 'only' here] as of this date:

          40600. (a) Notwithstanding any other provision of law, a peace
          officer who has successfully completed a course or courses of
          =========

           In other words, cops can only issue summons for accidents and can
          only issue any document on land owned by the US government.

          _

        • Frog Farmer
          ... Which county is this that has judges who have taken the oath of office? It takes a qualified officer to issue a traffic summons. And it takes a qualified
          Message 4 of 6 , Jan 30, 2008
            mobinem@... wrote:

            > I have been dealing with some people who have had great success in
            > California with getting traffic tickets dismissed on 2 simple
            > definitions. They claim these definitions are in every State and once
            > you find them and use them judges won't look at the case. I do not
            > have the time to look them up, but you may want to for future use.
            >
            > 1) California Code 40600 state that a summons may only be issued
            > during a traffic accident

            Which county is this that has judges who have taken the oath of office?
            It takes a qualified officer to issue a traffic summons. And it takes a
            qualified judge to dismiss one. Are you sure these people you've been
            dealing with are in California? Is it a great success to get people who
            aren't qualified to prosecute to stop pretending to prosecute? Was this
            in Hollywood? An inquiring northern Californian wants to know.

            40600. (a) Notwithstanding any other provision of law, a peace
            officer who has successfully completed a course or courses of
            instruction, approved by the Commission on Peace Officer Standards
            and Training, in the investigation of traffic accidents may prepare,
            in triplicate, on a form approved by the Judicial Council, a written
            notice to appear when the peace officer has reasonable cause to
            believe that any person involved in a traffic accident has violated a
            provision of this code not declared to be a felony or a local
            ordinance and the violation was a factor in the occurrence of the
            traffic accident.

            [Since the FOE (Fall Of Empire), the Judicial Council has ceased to
            exist (like the KGB). No one has been able to exhibit an officer's
            oath. Neighbors do not become officers as a result of training, but as
            a result of being sworn in. Most people fail to notice the part where
            there had to be an "accident". The cop gets the trick to confess to the
            existence of the accident in this way: COP: "So, I guess you went
            through that light unintentionally, it was an accident, right?" TRICK:
            "Uh, right, officer!"]

            (b) A notice to appear shall contain the name and address of the
            person, the license number of the person's vehicle, if any, the name
            and address, when available, of the registered owner or lessee of the
            vehicle, the offense charged, and the time and place when and where
            the person may appear in court or before a person authorized to
            receive a deposit of bail. The time specified shall be at least 10
            days after the notice to appear is delivered.

            [Did you catch that "if any"? Having a license plate is not assumed by
            law. The registered owner or lessee? That implies more than one
            equitable interest, making licensing required in that case.]

            (c) The preparation and delivery of a notice to appear pursuant to
            this section is not an arrest.

            [Right, because the arrest has already taken place or the Trick wouldn't
            be there, unless the jaws of life are busy cutting him out of the wreck.
            The preparation and delivery of a notice to appear pursuant to
            this section is not an arrest, but one is already under arrest when one
            is waiting for it to be prepared and delivered. The best option I've
            chosen at this point to avoid receiving the Notice to Appear which then
            must be answered, is to demand to see the magistrate immediately. Call
            the bluff of the cop.]

            (d) For purposes of this article, a peace officer has reasonable
            cause to issue a written notice to appear if, as a result of the
            officer's investigation, the officer has evidence, either testimonial
            or real, or a combination of testimonial and real, that would be
            sufficient to issue a written notice to appear if the officer had
            personally witnessed the events investigated.

            [Most people testify against themselves. And most are bad liars and
            will respond to trick questions.]

            (e) As used in this section, "peace officer" means any person
            specified under Section 830.1 or 830.2 of the Penal Code, or any
            reserve police officer or reserve deputy sheriff listed in Section
            830.6 of the Penal Code, with the exception of members of the
            California National Guard.

            [Nonetheless, all are required to take an oath that we are still looking
            for a live man or woman without Alzheimer's disease to have filed
            according to fundamental law. Do you know of such a person? PLEASE
            send his name and address to me right away, as I want to confer with him
            or her since they are most likely the highest officer in the state,
            trumping even Arnold the Terminator, whose own attempt at the oath was a
            farce on TV not even close to the real thing. If I find a real officer,
            I then have somebody who I can start delivering the subjects of any
            citizen's arrests I might make. Right now I've avoided witnessing any
            crimes (and that's HARD to do!) because I cannot afford to hold and feed
            prisoners until I find another qualified officer to take them into
            custody. It will be nice to have someone to dump the impersonators on,
            where I don't have to foot the feed and babysitting bill.]

            (f) A written notice to appear prepared on a form approved by the
            Judicial Council and issued pursuant to this section shall be
            accepted by any court.

            [I already told how they realized here that nobody would ever care
            enough to make sure their ticket form was an approved one, but me and my
            friends did it, and guess what? The form in use here was NOT approved!!
            They had boxes and boxes of unapproved forms that they evidently thought
            were like money in the bank as soon as they could deliver them to the
            Rubes. Too bad that as soon as it is pointed out they have no NTA
            (Notice to Appear) on an approved form, nobody wants to take
            responsibility for investing in so many unapproved forms. Cases
            dismissed in the interest of justice, hahahaha! The real beauty is when
            you go through all of this in open court and the next idiots in line go
            and plead to the unapproved forms because they either weren't listening
            or didn't "get it". We get the government we deserve, hahahahaha!]

            Now, I want to point out that there is another way for service of
            summons to occur, the way I have it work for me, because of my special
            status as one without driver's license, registration or insurance. See,
            I know I'm not a "resident" (because I fully expect to die) so I choose
            to use this procedure:

            17450. As used in this chapter, "nonresident" means a person who is
            not a resident of this State at the time the accident or collision
            occurs.

            [Again, there has to be the accident or collision, property damage.]

            17451. The acceptance by a nonresident of the rights and privileges
            conferred upon him by this code or any operation by himself or agent
            of a motor vehicle anywhere within this state, or in the event the
            nonresident is the owner of a motor vehicle then by the operation of
            the vehicle anywhere within this state by any person with his express
            or implied permission, is equivalent to an appointment by the
            nonresident of the director or his successor in office to be his true
            and lawful attorney upon whom may be served all lawful processes in
            any action or proceeding against the nonresident operator or
            nonresident owner growing out of any accident or collision resulting
            from the operation of any motor vehicle anywhere within this state by
            himself or agent, which appointment shall also be irrevocable and
            binding upon his executor or administrator.

            [Yes, I elect to make the director my agent, so let me know as soon as
            someone can be found to take the required oath for that office!]

            17452. Where the nonresident has died prior to the commencement of
            an action brought pursuant to this article, service of process shall
            be made on the executor or administrator of the nonresident in the
            same manner and on the same notice as is provided in the case of the
            nonresident. Where an action has been duly commenced under the
            provisions of this article by service upon a defendant who dies
            thereafter, the court shall allow the action to be continued against
            his executor or administrator upon motion with such notice as the
            court deems proper.

            [If I'm dead, I don't really care what they do.]

            17453. The acceptance of rights and privileges under this code or
            any operation of a motor vehicle anywhere within this state as
            specified in Section 17451 shall be a signification of the
            irrevocable agreement of the nonresident, binding as well upon his
            executor or administrator, that process against him which is served
            in the manner provided in this article shall be of the same legal
            force and validity as if served on him personally in this state.

            [Sure, I dare you to find a qualified officer to act as my agent. If
            you can do it, have at it!]

            17454. Service of process shall be made by leaving one copy of the
            summons and complaint in the hands of the director or in his office
            at Sacramento or by mailing either by certified or registered mail,
            addressee only, return receipt requested, the copy of the summons and
            complaint to the office of the director in Sacramento. Service
            shall be effective as of the day the return receipt is received from
            the director's office. A fee of two dollars ($2) for each
            nonresident to be served shall be paid to the director at the time of
            service of the copy of the summons and complaint and such service
            shall be a sufficient service on the nonresident subject to
            compliance with Section 17455.

            [Great provisions, impossible to effect after the FOE (Fall Of Empire)
            because, like there's no KGB anymore, there is no properly set court
            (therefore no Republic!!) and no "dollars" "paid" (even if there WAS
            "debt" "discharged"). Close gets no cigar! Note: Most Californians
            elect to waive rights in order to enable higher self-esteem on the part
            of impersonating paycheck anticipators.]

            17455. A notice of service and a copy of the summons and complaint
            shall be forthwith sent by registered mail by the plaintiff or his
            attorney to the defendant. Personal service of the notice and a copy
            of the summons and complaint upon the defendant wherever found
            outside this State shall be the equivalent of service by mail.

            NOW THAT is SERVICE!! No junk mail unsigned BS. No voluntarily-enabled
            unapproved forms.

            17456. Proof of compliance with Section 17455 shall be made in the
            event of service by mail by affidavit of the plaintiff or his
            attorney showing said mailing, together with the return receipt of
            the United States post office bearing the signature of the defendant.
            The affidavit and receipt shall be appended to the original summons
            which shall be filed with the court from out of which the summons
            issued within such time as the court may allow for the return of the
            summons.
            In the event of personal service outside this State, compliance
            with Section 17455 may be proved by the return of any duly
            constituted public officer, qualified to serve like process of and in
            the state or jurisdiction where the defendant is found, showing such
            service to have been made. The return shall be appended to the
            original summons which shall be filed as aforesaid.

            [Yeah..."duly constituted"..."qualified"...yup! Hasta la vista baby!]

            17457. The court in which the action is pending may order such
            continuances as may be necessary to afford the defendant reasonable
            opportunity to defend the action.

            [A lot of people don't know about continuances. Asking for one grants
            jurisdiction, so you never should ask for one, but instead arrange to
            make them want to order one for THEIR reasons (usually, unreadiness is
            their reason). If they order it, they are still held to the "speedy
            trial" requirements, so they try to get you to ask for it ("Would a
            continuance be something you would like, Mr. Deeppockets?") so you have
            to object to it and demand your speedy trial rights, if you are trying
            to preserve a jurisdictional argument. This will put more pressure on
            the prosecution, as they hardly EVER can get ready for a trial in the
            time provided them for the purpose.]

            17458. The director shall keep a record of all process served upon
            him under this article which record shall show the day and hour of
            service.

            [They don't have any with my name on it!]

            17459. The acceptance by a resident of this state of a certificate
            of ownership or a certificate of registration of any motor vehicle or
            any renewal thereof, issued under the provisions of this code, shall
            constitute the consent by the person that service of summons may be
            made upon him within or without this state, whether or not he is then
            a resident of this state, in any action brought in the courts of
            this state upon a cause of action arising in this state out of the
            ownership or operation of the vehicle.

            [Yes, licensees become such only by their consent, but then are bound
            severely.]

            17460. The acceptance or retention by a resident of this state of a
            driver's license issued pursuant to the provisions of this code,
            shall constitute the consent of the person that service of summons
            may be made upon him within or without this state, whether or not he
            is then a resident of this state, in any action brought in the courts
            of this state upon a cause of action arising in this state out of
            his operation of a motor vehicle anywhere within this state.

            [Most people claim to be residents, but fail to realize that it makes
            them corporate in nature because of the required intent to remain in the
            state permanently. Free men know such a goal is highly improbable of
            achievement, but that their freedom also allows those who choose to do
            so to claim to be vampires and corporations and other rarities of
            eternal existence, no matter what legal limitations such an unnatural
            existence brings with it.]

            Regards,

            FF
          • mn_chicago
            ... A peace officer who has completed the requisite courses is not a police officer, as we commonly understand the term and see on the streets and in squad
            Message 5 of 6 , Jan 31, 2008
              --- In tips_and_tricks@yahoogroups.com, "tthor.geo" <tthor.geo@...>
              wrote:
              >
              > Here is what the California Vehicle Code reads [there is no
              > literal 'only' here] as of this date:
              >
              > 40600. (a) Notwithstanding any other provision of law, a peace
              > officer who has successfully completed a course or courses of
              > instruction, approved by the Commission on Peace Officer Standards
              > and Training, in the investigation of traffic accidents may prepare,
              > in triplicate, on a form approved by the Judicial Council, a written
              > notice to appear when the peace officer has reasonable cause to
              > believe that any person involved in a traffic accident has violated a
              > provision of this code not declared to be a felony or a local
              > ordinance and the violation was a factor in the occurrence of the
              > traffic accident.

              A "peace officer" who has completed the requisite courses is not a
              police officer, as we commonly understand the term and see on the
              streets and in squad cars.

              Wasn't there a post about the fact that a police officer cannot issue
              a summons as not being the plaintiff? I used that as a one-liner in
              my current appeal of a fourth moving violations, the first three of
              which were dismissed.

              Cheers!

              mn
            • mn_chicago
              ... This comes from my memory in reading statutes where there was a separate section for peace officers completing some courses. I have not done any research
              Message 6 of 6 , Feb 2, 2008
                --- In tips_and_tricks@yahoogroups.com, "mn_chicago"
                <mn_chicago@...> wrote:

                > A "peace officer" who has completed the requisite courses is not a
                > police officer, as we commonly understand the term and see on the
                > streets and in squad cars.

                This comes from my memory in reading statutes where there was
                a separate section for "peace officers" completing some courses.
                I have not done any research to know what distinction there is
                between a peace officer and a police officer, for point of
                clarification.

                > Wasn't there a post about the fact that a police officer cannot
                > issue a summons as not being the plaintiff? I used that as a
                > one-liner in my current appeal of a fourth moving violations, the
                > first three of which were dismissed.

                Again, for clarification, I said I used this as a one-liner in my
                current appeal of a fourth moving violation. As an aside, I finished
                and submitted my brief aimed at embarassing the judge for "plain
                error" arising from his unjudicial comments made in open court about
                me. I do not yet have the results of my appeal.

                The three tickets already dismissed were from another court and
                another judge who dismissed them rather than deal with my certified
                oath of office on the cop, and my subpoena decus tecum against the
                prosecutor to produce his license to practice law.

                This was in preparation for my "jury trial" the judge imposed upon
                me. At the "trial," the usually chatty prosecutor stood mute when
                I came to the bench, and the judge, who thought she was going to
                teach me a lesson, wouldn't even look at me when she said, "Oh, this
                case was dismissed."

                Cowards!

                Cheers,

                mn
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