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Prayer for Judgement question....

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by mysticblu21, Mar 12, 2008.

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  1. mysticblu21

    mysticblu21 Law Topic Starter New Member

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    hi,

    i would really appreciate som help...today i got a speeding ticket it is my second one in th past month :(

    one was a citation for speeding 50 miles over in a 35 zone and the other was ticket for speeding 57 miles over in a 35 zone.

    How would using my prayer for judgement help if i used if for th second ticket since i got the second charge, which was at a greater speed?

    i would b grateful for any advice on what th worst that will happen to me for getting these 2 speeding tickets in the past month.

    kind regards,
    very concerned 25 yr old female
    :(
     
  2. lwpat

    lwpat Moderator

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    What is your home state and in what state did you get the tickets?
     
  3. Innerlaner

    Innerlaner New Member

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    "50 miles over in a 35 zone"

    You were going 85 mph or 50 mph in a 35mph zone?
     
  4. mysticblu21

    mysticblu21 Law Topic Starter New Member

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    My home state is North Carolina and bith the tickets occurred in North Carolina but in 2 different countys. The first ticket i got was in Durham county an i was going 50 mph in a 35 zone.

    The second ticket which is a lot worse happened in Orange county and i was going 57 mph in a 35 zone

    i am scared about my second ticket becuse unlike th first ticket ther is no fine on thers but thers a citation indicating that i hav to appear in court. Would my prayer for judgement help me out with th second ticket. I am upset about all this i don't want my liscense to b suspended :(

    i hav to go to court for th first ticket in April an then th second ticket i hav to go to court in May

    Please i appreciate any advice

    kind regards,
     
  5. lwpat

    lwpat Moderator

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    Find out the prosecutors hours from the clerk of court and go in and talk to them prior to your court dates. Try to get the first ticket reduced to a nine over violation and then try to use your PFJ on the other one. If not hire an attorney. Then slow down.
     
  6. mysticblu21

    mysticblu21 Law Topic Starter New Member

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    Thanks Iwpat for ur advice.

    i appreciate th response, thanks ;)

    kind regards
     
  7. Scooterdog

    Scooterdog New Member

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    Why can't some of you come to realize, YOU DEFAULT THE PROSECUTION WHEN THERE IS NO VICTIM.

    Read your constitutions.
     
  8. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I'm not sure I understand this statement. lwpat knows a lot about traffic tickets and one item that may be familiar that has been posting numerous places (and also from lwpat as well) is:

    Prayer For Judgement Each household may receive one Prayer for Judgment Continued (PFJ) every three years without it counting as a conviction. If you have a minor North Carolina speeding ticket, you do not need a North Carolina attorney. Call the court and find out how to contact the ADA handling your case. Go by and talk to him about a reduction to a 9mph over ticket or a PFJ. A 9mph speeding ticket will not raise your rates if you have a clean record. This may be a better option and save your PFJ for a more serious North Carolina speeding ticket. A Prayer for Judgment is normally only available if you have a North Carolina drivers license.

    In this case there is no issue of the Constitution. You got caught and you're hoping that you can say "I learned my lesson" and reduce the penalty in the hope that the prosecutor will settle even with a potentially small amount of gray area. The truth is that people are people. Some DA's are willing to listen, be a little forgiving to those who aren't recidivists. Others may be drunk with their own sense of power. In a case like this you lose little if anything by going in to talk and seeing what you can negotiate. I think lwpat's advice here is the most probable way to get as much as you could hope for -- realistically.
     
  9. Scooterdog

    Scooterdog New Member

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    In the common law default process the prosecutor is served by the defendant with a legal document in affidavit form, called an Affidavit of Truth.

    The defendant states a limited number of specific legal claims counter of the prosecutor proving defendant is not subject to the prosecutor's or the state's claim(s) against him.

    Because the defendant's legal claims in his affidavit are so well established in natural and common law, the prosecutor will be unable to truthfully rebut the defendant's legal claims. The common law holds that, the prosecutor must truthfully rebut all factual legal claims made by the defendant in his affidavit, or by default he loses all legal right to pursue a claim against the defendant.

    At the defendant's traffic court trial; the judge, upon reviewing the legal documents establishing the fact that the prosecutor has legally defaulted in this case, is left with no legal option other than, to dismiss the case against the defendant.

    If about now you are asking yourself, why the court must honor the common law default? ...it is because you, like the vast majority of people have not been enlightened about the common law. Quite simply, the answer is; the judge must honor the common law default because, the common law is superior law.

    The Constitution of the United States of America is a common law document and being framed in the common law, the constitution is rightfully considered to be the law of the land. No law passed by a legislative body in our county is valid unless it meets with the requirements of the constitution.

    The common is held to be legally superior law, and for this reason the common law must take legal president over laws passed by acts of a legislative body.
     
  10. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    What are you talking about? On what basis are you saying that the court has no jurisdiction to hear the case or that the speeding ticket was "unconstitutional"? The poster was speeding, he broke state law, the court is empowered to adjudicate these cases and the prosecutor to prosecute.

    Unless I've missed something here, making such an argument will result in the poster getting the max in the court as a result of getting the prosecutor and judge angry for wasted time.
     
  11. Scooterdog

    Scooterdog New Member

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    I don't think the judge will do much. I works like clock work in CA.

    In Riverside, California — 04/27/07, traffic court judge dismiss's case after prosecution defaults. Qoating the court: ""good cause exists to dismiss case due to lack of prosecution."

    You simply cite Yick Wo v. Hopkins:

     
  12. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    What works like clockwork in CA and I have no idea what any of this is supposed to mean. The prosecution didn't default in this poster's case. In fact, his court date didn't even arrive. The Yick Wo case is an equal protection argument that there was prosecution based upon discrimination even though the law was race neutral on its face. There is no discrimination issue here.
     
  13. Scooterdog

    Scooterdog New Member

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    You default the prosecutor before any trial date. Would be a little late to try to default him that late in the game.
     
    Last edited: Mar 16, 2008
  14. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    What does this mean?
     
  15. everettlawfirm

    everettlawfirm New Member

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