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Slammed In Traffic Court

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  • mn_chicago
    10 June 2008 Today, I had another 4 ticket event to deal with in court. This happened once before, last summer, and I had three tickets dismissed with the
    Message 1 of 46 , Jun 10, 2008
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      10 June 2008

      Today, I had another 4 ticket event to deal with in
      court. This happened once before, last summer, and
      I had three tickets dismissed with the fourth one
      having gone to appeals. (Traffic tickets)

      As an aside, yesterday, I found out that the opposition
      defaulted on responding by the 25 February 2008 date, re
      the appellate case. Tomorrow I file a motion to dismiss
      and get my bail money back,(bond not posted by me).

      At today's session, I tried a demurrer to defective
      tickets. The statutes require that a formal, verified
      complaint is mandatory if demanded prior to trial.

      Of course, I demanded one.

      Judge: "Look! These tickets are verified and signed,
      right here in the corner."

      Me: "They are not signed by the complainant as required
      by statute. They are signed by the issuer who lacks
      the authority to initiate a complaint."

      Judge: "Denied."

      Me: "I challenge subject matter and personam jurisdcition
      be proven on the record without a valid complaint."

      Judge: "I have already ruled. These complaints are
      vaild and there is subject matter jurisdiction. How do
      you want to plead?"

      Me: "I will not enter any plea without a verified
      complaint which is required by statute."

      Judge: "Have a seat. We will go to trial once the other
      cases are finished."

      Once recalled, I immediately objected to the lack of
      verified complaints before proceeding to any trial,
      and I would not participate in a trial without the
      verified complaints.

      I was given a choice to join in the trial or go with
      the bailiffs and spend some time elsewhere. I renewed
      my objection, to which she responded, "I have not
      charged anyone with contempt of court in four years,
      but you are very close if you keep this up!"

      Then, she started swearing in whoever was going to
      participate in the trial. While I refused to swear
      to anything, I said I would attest to what I had to

      My thinking, at that point, was that I had already
      accused her of error in saying that the issuing
      officer (whose oath of office and legitimacy I did
      challenge - to no avail, same with the prosecutor),
      did not have the authority to issue a complaint,
      and was merely a witness. I had objected sufficiently
      on the record, and demanded that the proper party
      plaintiff present verified complaints. Plus, I cited
      the statute requiring that only the complainint could
      file the complaint, and a second statute saying a
      court had no jurisdiction without a valid comaplaint.

      That has to be very ripe for appeals.

      One would think my input would bring pause for any
      attempt at proceeding with the matter, but this judge
      steamrolled right over me.

      I ended up with an additional $500 fine, plus court
      costs, in addition to the $300 forfeited bail.

      My purpose in posting this, along with some of what
      actually transpired, is to demonstrate to many who
      appear in court, less prepared and less savvy, not
      that I am a bellweather for what it takes to stand
      up for one's self in court, and wonder why they lose.
      Cook county courts are out for blood and have a take
      no prisoners attitude.

      Bad analogy choice. They take as many prisoners as
      is possible. Every other case I listened to today had
      no one, absolutely no one defending themselves. A
      few couldn't waive all their rights fast enough.

      I really expected to fare much better.

      On to appeals,


      I friend of mine who knows a cop had her check my
      license status. I am flagged for immediate arrest
      and jail for 30 days if stopped for any reason.
      (I would not pay the fine and court costs today,
      out of spite, so I do not have my license back.)
    • stonekutteral
      On Oct 19, 2010, at 8:30 AM, Snowman wrote: My brief was rejected 4 times: Didn t serve DA, couldn t submit exhibit not accepted at trial, Type not large
      Message 46 of 46 , Oct 19, 2010
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        On Oct 19, 2010, at 8:30 AM, Snowman wrote: My brief was rejected 4 times: Didn't serve DA, couldn't submit exhibit not accepted at trial, Type not large enough, one day late.

          Well they did notify you of the defects, but putting this in the beginning of your filings can help sometimes…


              WITH THE COURT,  WILL BE 
                   HAINES V.KERNER  404 U.S. 519,520,(1972).
        In All My Communication with the court Haines V. Kerner 404 U.S.
        519,520(1972), In re Haines: pro se litigants are held to less stringent
        pleading standards than bar licensed attorneys. 
         Platsky vs CIA. 953 F. 2nd 26 (C.A.2(N.Y.),1991)In re Platsky: court
        errs if court dismisses the pro se litigant without instruction of how
        pleadings are deficient and how to repair pleadings.
        , Anastasoff v. United States,223 F.3rd 898(8th circuit) (2000)In re
        Anastasoff: litigants' constitutional rights are violated when courts depart
        from precedent where parties are similarly situated.
        - will be the controlling cases in regards to any deficiency in my


        (actually Spooner would rip them a darn sight stronger, but let's remember
        his name , anyway.)

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