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Re: [tips_and_tricks] I got a summons yesterday.

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  • 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 1 of 9 , Mar 3, 2013
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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

      > 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.


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