Traffic Win In Appellate Court
- Friday 26 September 2008
Last summer, I related how I got 4 traffic
tickets, three of which were dismissed in
court when I subpoenaed the town prosecutor
for proof of license.
The 4th ticket was in front of a different
judge, who laughed when I challenged the oath
of office for the cop and the prosecutor, and
then, as an aside said to his clerk, for
everyone to hear, "It must be a full moon."
That ticket/case I took to the appellate court.
The STATE failed to respond to my brief. Four
months later, I filed a notice and demand to
dismiss, with prejudice, and return all fines.
Here is what some can expect from the court
system. Rather than grant my dismissal, the
appellate court noticed and gave the STATE
30 days to respond to my dismissal demand!
I put in another notice and demand objecting
the the appeals court giving the STATE more
time after the STATE had already failed to
In error, a town responded, asking for time
to respond because it was unaware of the appeal
and told the court it believed the STATE was
the proper party. The appellate court allowed
the town time to respond.
ANOTHER notice and demand from me objecting to
the appellate court allowing a third party, with
no standing, to respond to a case with which it
had no interest.
This took two months. Then the STATE's attorney
responded asking to dismiss my appeal and offered
some weak excuses for not responding timely.
I submitted another response tearing apart the
credibility of the STATE's attorney, pointing
out "inconsistencies because I did not want to
call the attorney a liar."
I also got PO'd with the appeals court for
allowing the STATE to respond after six months
of silence and 3 notice and demands, supported
by affidavits,[important]from me seeking justice
in the interim. I also told the appellate court
they allowed the STATE to respond because the
court and the STATE attorney were obligated to
the STATE, and that was bias, for the appellate
court would never allow me to respond six months
Further, I reminded the appeals court of the
appalling bias and prejudice from the trial
judge, who also denied me my due process rights.
I informed the appeals court how the standards
for judicial canons are high, but the bar for
enforcement is so low. I expressed diappointment
and acknowledged I no longer expected justice
Two weeks later, I got notice that my demand for
dismissal, with prejudice, was granted. That
particular demand was a few weeks prior to my
last, scathing notice and demand, just described.
I am guessing by granting dismissal on an earlier
demand, the court will ignore and not acknowledge
my last shot at them.
This took one year to accomplish, so anyone who
wants to go against the system can expect a lot
of stalling, ignoring, lying, and more, as you
are tested to see if you give in or give up.
I am now filing an appeal for 4 more tickets
which were passed as judgments against me two
weeks ago. The thrust of this appeal stems from
the court refusing to meet my demand for a
verified complaint, one signed, under oath, by
the complainant, for I refused to accept the defective
notice of complaints issued and signed by the cop.
My defense on these tickets was quite strong and
well-documented with supporting case cites. The
judge acknowleged my strong defense but disagreed
with what constitutes a verified complaint. So my
30 day appeal from her initial guilty ruling was
Both the contitution and me say she is wrong. Now
I get to convince the appellate court of the same,
supported by the Illinois constitution.