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RE: [ldl] Re: IA: Traffic Citation is not a 'complaint'

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  • Patrick M
    As I see it, KNOWING what you NOW KNOW about INFRACTIONS, PROBABLE CAUSE & the ARREST AUTHORITY, in that SCENARIO you have THREE OPTIONS: 1. Do NOT sign the
    Message 1 of 2 , Nov 26, 2009
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      As I see it, KNOWING what you NOW KNOW about INFRACTIONS, PROBABLE CAUSE & the ARREST AUTHORITY, in that SCENARIO you have THREE OPTIONS:

       

      1. Do NOT sign the ticket & DEMAND to see a magistrate IMMEDIATELY.
      2. Sign it & FIGHT it out in court
      3. Sign it &  PAY the fine

       

      If you choose OPTION 1, the Law Enforcement Officer (LEO) MAY decide to let you go because they feel that you are MORE TROUBLE than you are worth and/or you KNOW what you are DOING.

       

      Just as LIKELY they MAY take you into CUSTODY, so you MAY find yourself in JAIL for up to 72 HOURS before you finally see a magistrate.

       

      And by doing so the LEO MAY be GUILTY of FALSE ARREST, FALSE IMPRISONMENT & DEPRIEVATION of YOUR RIGHTS under COLOR OF LAW.

       

      If you choose OPTION 2, you can file a motion to QUASH for LACK of PERSONAL JURISDICTION due to LACK of SERVICE or PROCESS, then IF NECESSARY you can demand a VERIFIED COMPLAINT, get discovery, DEMUR, move to SET ASIDE the complaint, move to SUPPRESS EVIDENCE and/or motion to DISMISS for LACK of SUBJECT MATTER JURISDICTION.

       

      In addition there MAY be ISSUES to deal with involving DUE PROCESS, EQUAL PROTECTION of the LAW, FAILURE to EXHAUST ADMINISTRATIVE REMEDIES, FAILURE to DISCLOSE EXCULPATORY EVIDENCE, UNCLEAN HANDS & PROSECUTORIAL MISCONDUCT.

       

      Most people choose OPTION 3, AKA the DELIVERANCE option & “squeal like a pig”.

       

      Patrick in California

       

      "Knowledge will forever govern ignorance, and a people who mean to be their own governors must arm themselves with the power which knowledge gives."--James Madison

       

      --- In legality-of-drivers-license@yahoogroups.com , James Dixon <E_law01@...> wrote:

      >  

      > Â

      > Â

      > Interesting, very.

      > Â

      > Conclusion?

      > Solution?

      > TY

      > Â

      > Â

      >

       

    • Frog Farmer
      ... How does a ticket get prepared without cooperation? They always tell you they cannot tear it up after it s written, so why not try to prevent one being
      Message 2 of 2 , Nov 27, 2009
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        Patrick M wrote:

        > As I see it, KNOWING what you NOW KNOW about INFRACTIONS, PROBABLE
        > CAUSE & the ARREST AUTHORITY, in that SCENARIO you have THREE OPTIONS:
        >
        > 1. Do NOT sign the ticket & DEMAND to see a magistrate IMMEDIATELY.

        How does a "ticket" get prepared without cooperation? They always tell
        you they cannot tear it up after it's written, so why not try to prevent
        one being written? I do. We can always fill it out together at the
        magistrate's office.

        > 2. Sign it & FIGHT it out in court

        Waives too many rights.

        > 3. Sign it & PAY the fine

        Saves the most time. You can only discharge the fine.

        > If you choose OPTION 1, the Law Enforcement Officer (LEO) MAY decide
        > to let you go because they feel that you are MORE TROUBLE than you are
        > worth and/or you KNOW what you are DOING.

        Impersonators will choose that way too.

        > Just as LIKELY they MAY take you into CUSTODY, so you MAY find
        > yourself in JAIL for up to 72 HOURS before you finally see a
        > magistrate.

        If you do a mutual citizens arrest you both may sit in the cell for
        hours IF there is no magistrate on duty which is a breach of PC 810. I
        have to see a magistrate "immediately"; mere residents need to see him
        "without unnecessary delay" and other assorted persons may have to wait
        up to 72 hours. If they do, they waive other rights to hearings that
        have to be held within that period (like tow hearings etc.).

        > And by doing so the LEO MAY be GUILTY of FALSE ARREST, FALSE
        > IMPRISONMENT & DEPRIEVATION of YOUR RIGHTS under COLOR OF LAW.

        In California, most likely impersonation of an officer, assault,
        battery, kidnapping, extortion, conspiracy.

        > If you choose OPTION 2, you can file a motion to QUASH for LACK of
        > PERSONAL JURISDICTION due to LACK of SERVICE or PROCESS,

        Motions grant jurisdiction. Disqualifications (which can take weeks)
        should come first.

        > then IF
        > NECESSARY you can demand a VERIFIED COMPLAINT, get discovery, DEMUR,
        > move to SET ASIDE the complaint, move to SUPPRESS EVIDENCE and/or
        > motion to DISMISS for LACK of SUBJECT MATTER JURISDICTION.

        Never make any motions. Demand your rights.

        > In addition there MAY be ISSUES to deal with involving DUE PROCESS,
        > EQUAL PROTECTION of the LAW, FAILURE to EXHAUST ADMINISTRATIVE
        > REMEDIES, FAILURE to DISCLOSE EXCULPATORY EVIDENCE, UNCLEAN HANDS &
        > PROSECUTORIAL MISCONDUCT.

        FAILURE to EXHAUST ADMINISTRATIVE REMEDIES applies to us too. How many
        people who sign a promise to appear subpoena the cop? How many file
        counter-charges? How many grill the cop in a probable cause hearing?
        Not enough!

        > Most people choose OPTION 3, AKA the DELIVERANCE option & "squeal like
        > a pig".

        You got that right!

        Regards,

        FF
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