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Re: fighting traffic tickets? or maybe any citation

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  • Mel Gillespie
    I was listening to Greg Slaughter talk about his method of fighting tickets, and while I am familiar with many different methods, he did say something that
    Message 1 of 1 , Apr 29 9:59 AM

    I was listening to Greg Slaughter talk about his method of fighting tickets, and while I am familiar with many different methods, he did say something that perked up my ears.  He said that if you send back the ticket with a 3 day right to rescission written on it, there is about a 50/50 chance of the cop not turning the ticket in.  So I took it a step further, tweaked the idea a little, and I came up with an Actual and Constructive notice to go along with the ticket, which I have attached to this email.  Then I thought that this process might go great with the administrative process.  Since the trial court unification act, all courts have become like agencies.  When given a citation for some alleged offense the agency has jurisdiction over, the agency is the one with original jurisdiction and not the court, even though the cop will write a court date on the ticket.  The court gains dual jurisdiction when you voluntarily appear on the court date without exhausting your administrative remedies.  If the court finds you not guilty, Dept. of Motor Vehicles may decide your guilty and suspend your license or decide you need a fine anyway.  The agency does not have to listen to the court.  The agency has the original jurisdiction, so it only makes sense to demand your hearing before an administrative circuit judge.  You do this by going thru the Office of Administrative hearing.  In California, where I live, it is Government Code 11,500 et seq.  Then you go to the Office of Administrative hearing and set up a hearing date and place, and give notice to the DMV.  I am attaching the demand for a hearing.  Because I sent the cop back the ticket within three days, I attach this to my Statement of Issues, and send it to the different agencies listed as well as to the court, letting the traffic clerk know that I am attempting to exhaust my administrative remedies, and that it is premature for the court to assume jurisdiction.  If you are denied a hearing as required by law, then an order to show cause, or an administrative mandamus are proper remedies. Let me know what you all think, and maybe this will spur many of you to do more research and tweak the process even more.  The great thing about doing it this way is that it completely changes the issues before the court, and you become the plaintiff, instead of the State of ...

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