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Traffic Win In Appellate Court

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  • mn_chicago
    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
    Message 1 of 1 , Sep 26, 2008
      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
      timely respond.

      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
      from them.

      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.

      Not me!

      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.

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