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NEED A LITTLE HELP with a Motion to Quash and Writ of Mandamus.

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  • Larry
    James I believe you should have filed a Demurrer with the court at the preliminary hearing with an affidavit challenging the information or Citation. The
    Message 1 of 2 , Oct 29, 2005
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      James
      I believe you should have filed a Demurrer with the court at the
      preliminary hearing with an affidavit challenging the information or
      Citation.
      The Traffic court is an administrative tribunal, a constitutional
      challenge will not work.
      I filed a Plea in Abatement for my son several months back and
      that caused them a lot of problems, but they eventually without noticing
      him assessed a fine. They have not contacted him about it yet. I suspect
      they are waiting until her gets another ticket and then try to go after
      him.
      This traffic citation may not be a big enough cause to spend your time
      on.
      But, I applaud your courage in standing up to them.

      One thing you may try is; file a motion to remove the case to the United
      States Supreme Court, then move to dismiss for lack of subject matter
      jurisdiction.

      Moderator/Legalbear comment: Before you remove a case you should check into whether a removal is confession of jurisdiction. From a practical standpoint, what would be the sense in removing a case to a court that doesn't have jurisdiction? I don't think you could even do it.

      www.richardcornforth.com Try this web cite.

      InFreedom

      Larry
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