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Re: [tips_and_tricks] I got a summons yesterday.

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  • Larry Milby
    I am in the State of New Mexico. About a month ago, on a Friday after 4:00pm, I was pulled over, ostensibly, for speeding. I told the policeman I would sign.
    Message 1 of 9 , Mar 3 7:44 AM
    I am in the State of New Mexico.

    About a month ago, on a Friday after 4:00pm,  I was pulled over, ostensibly, for
    speeding.

    I told the policeman I would sign.  Over my signature I wrote "Coactus Feci" and
    under the signature I wrote "All rights reserved." and UCC 1-308.

    I never showed up for "court".

    So now I have a summons with the order to appear on Monday morning, 09:00 am.
    for an "arraignment" .

     
     
    I may be a little late to do you much good at the arraignment hearing.  There is little one can do at arraignment for traffic violations other than just listen and try not to give them any more evidence that they can use against you.  What Carl wrote was good but I get the feeling you are wanting to fight this with both hands and feet.
     
    So to begin with, I will presume you have drivers license, registration and insurance.  If you don't that is OK, I think it is better in the long run if you have none of these, but if you do you must first agree that you have consented to being regulated and live with that fact.
     
    The court room is not the place for discovery.  All the questions you have listed are good discovery questions and should be asked, but I would not ask them at arraignment, not even at trial, all of these questions should be agreed to or disagreed to before trial.  I have personally won traffic felony charges, no drivers license, no insurance, counterfeit plates, forgery, concealment, no registration.  I will send you sample filings from my case in Md.  I must warn you, I am not a lawyer, I do not have a silver bullet for you to load into your gun.  My court filings are tools I have used to win my case.  The filings will not win your case, they are merely tools that you must learn to us to prove your position.  Think of your filing in this way, the documents become witnesses that you will place on the witness stand that will testify in your defense.  Justice is blind, it is not about justice, it is about who is the better chess player.
     
    Regardless of where your case is, file a Demand For Jury Trial, and a Demand For Speedy Trial.  These are not motions they are Demands written much like a motion but are not.  File all Demands and Motions separately so each has to be addressed separately.  This will buy to time to do some book study.  In most states six months later would be a early trial because of the back log of cases.  Next you will file a "Motion" For Discovery.  Discovery should be limited to the facts that support the charges against you and those persons who will testify against you.  Keep it simple, you are wanting to start a good working relationship with the DA's office or the Police Department etc.  You want them to comply with discovery.  You can always do follow up questions after discovery has commenced.
     
    Next and maybe the most important part of your defense will be to fill a "Bill Of Particulars or Request For Particulars."  Some states, use different terms so you must get out the rules book and do your home work.  The questions you have listed have nothing to do with the facts of the case, so none of them will be asked in discovery.  You will ask these and others in your Bill of Particulars.  I will send you a sample attached Demand for Jury Trial and Demand for Speedy Trial and a Bill Of Particulars.  The Bill will educate you more than I have time for.  You will study the flow of the questions and add your questions accordingly.  You need to direct case related questions to the DA, and certain question regarding Oaths of Office to the Clerk of the Court.  Do not insult the judge by asking him directly in a court room.  It is the Clerks job to assign judges to cases, the judge does not get to pick and chose.  After reading what I have attached, let me know if I can help you further.   Larry Milby Bravo18TC@...


     
  • originalfrogfrmr
    ... In California, signing a traffic ticket waives several rights, one of the best that they can never hardly fulfill is the right to a formal verified
    Message 2 of 9 , Mar 3 1:57 PM
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      > I told the policeman I would sign. Over my signature I wrote "Coactus
      > Feci" and
      > under the signature I wrote "All rights reserved." and UCC 1-308.

      In California, signing a traffic ticket waives several rights, one of the
      best that they can never hardly fulfill is the right to a formal verified
      complaint. Accepting the ticket is the alternative most often chosen by
      the accused. Waiving that makes it much easier on them. It also waives
      the important right to be taken immediately before a magistrate, where the
      so-called officer could be instantly disqualified, and then the magisrate
      as well, rendering the whole affair a nullity.

      > There is little one can do at arraignment for traffic violations other
      > than just listen and try not to give them any more evidence that they can
      > use against you.

      Here, it is different. Here, first off, you can bring up the pending
      official disqualifications you have initiated and then if they can
      properly set the court (bet against that!) you can demand a formal
      verified complaint (which they NEVER have) (because they count on EVERYONE
      to waive it!) and demand a competent party to do the arraignment (whom
      they also almost never have) and you can demand the list of witnesses
      (none) and also you can get time to answer (but few seldom use this time
      for what it's for).

      > So to begin with, I will presume you have drivers license, registration
      > and insurance. If you don't that is OK, I think it is better in the long
      > run if you have none of these, but if you do you must first agree that you
      > have consented to being regulated and live with that fact.

      I never had those, but won the issues three times three different ways.

      > Regardless of where your case is, file a Demand For Jury Trial, and a
      > Demand For Speedy Trial. These are not motions they are Demands written
      > much like a motion but are not.

      Motions grant jurisdiction while demands do not. Most people are too
      timid to make demands. Asking for a continuance grants jurisdiction and
      waives the right to a speedy trial. The speedy trial right is very
      powerful because today it is nearly impossible for them to prepare fast
      enough.

      > You need to direct case related questions to the DA, and certain question
      > regarding Oaths of Office to the Clerk of the Court. Do not insult the
      > judge by asking him directly in a court room.

      I ALWAYS ask to confer with the judge and DA "in chambers" specifically to
      spare them embarrassment in front of the Peanut Gallery. If they ask
      "why?" I say, "to discuss several pending disqualications". And even
      Clerks and DA's need oaths and bonds, so you may need to hunt up a
      competent clerk if yours is a phony. You find this out by going and
      getting the oaths and bonds before you actually need them, or as soon afer
      the incident as possible.

      > assign judges to cases, the judge does not get to pick and chose.

      Any judge may recuse himself to spare the embarrassment of having you do it.

      Regards,

      FF
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