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Received Illegal Speeding Ticket from alleged officer Pacing

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by DOCwsun, May 8, 2019.

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  1. DOCwsun

    DOCwsun Law Topic Starter New Member

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    Jurisdiction:
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    I noticed my heads lights off at a red light. I turned them on. 15 seconds later a Cop pulled up at high rate of speed behind my vehicle. Light turns green, Cop pulls me over. Cop said my head lights are off, I said no, their on. He checks, comes back, "OK! Well, I got you also doing 55 mph in 35 zone. Cop is 110 % Lying. I work 24 hours a day. That road I Travel daily. I delivery Human corpse's to Funeral Homes. I'm in no rush to get home, no people walking around. No other vehicles around me for miles at 2:30 a.m. Weather was dry, clear, no traffic. I was cited for C.V.C. 22350 and 14601.1(a). Now is a misdemeanor with a F.T.A..
    C.V.C. 22350 reads:
    "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."

    In other words, I did not injure any one, or damage property. I didn't break the law. No victim, (Cop is a witness) Not a victim. No victim, no crime. I was not speeding, The cop didn't have time to pace me. I never saw him in mirror until right behind me.

    My question's are... What jurisdiction it is? A Civil action under contract laws and commercial law, because vehicle's are considered business law. or is it Criminal action, crimes against society? Sense common law has been removed, and no statutory jurisdiction exist, the only one left would be Colorable Admiralty Jurisdiction. Which one needs a international contract. Or is it under Merchant Law codes? 2nd. Should I suppress the evidence for C.V.C. 14601.1(a)?

    Thank You for you're time.
     
  2. flyingron

    flyingron Active Member

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    First off, tone down the rhetoric. It won't get you anywhere in court nor will it much help your case here. You misunderstand the law. Just because you didn't have an accident doesn't mean you didn't "endanger" persons or privacy with your high speed. There's no requirement for a "victim" here. Obviously, you are in no position to say what the officer observed if you failed to notice him until after he started to pull you over. It takes only an instant to pace someone. All the officer needs do is ascertain he is not gaining on you and look down at the spedometer.

    Tickets in California are not "contracts" nor does "commercial law" (whatever the hell that is) apply or admiralty law or whatever another pathetic misstatement of the law that you have in your little head.

    Further, even if you were correct about being innocent of the charges, you were obliged to show up in court and press the matter (or file a TBD, or concede and just pay the fine). The fact that you have an FTA is entirely on you.. Further, once you're suspended for the FTA, again, it is entirely on you if you are found driving in violation of the laws, even if you had been innocent of the original charge.
     
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  3. Zigner

    Zigner Well-Known Member

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    Seems the OP either is, or wants to be, one of those sovereign citizen wackos.
     
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  4. justblue

    justblue Well-Known Member

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    Seems the OP is spending a little too much time with his clients. S/He is a little bit :confused:.
     
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  5. flyingron

    flyingron Active Member

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    That should say "persons or property" in my post not privacy.
     
  6. mightymoose

    mightymoose Moderator

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    Your sovereign gobbledygook will get you nowhere in court.
    While you might be able to make an argument regarding speed, your lack of a valid license will cost you.

    Regarding speed you will want to get traffic surveys and make sure they are current. Subpoena dashcam video if available. In court you will want to question the officer to explain how your speed was unsafe or unreasonable for conditions. Also question how your speed was determined. If by pacing ask when the speedometer of the vehicle was last calibrated and by who (actually you should subpoena this record) It should be within a couple years. You will also want to know how long you were paced and whether the officer has received specific training to determine speed this way.

    Since you were not exceeding the maximum speed limit (55) you could potentially make a valid argument on the speed issue... But you are toast for the license. Leave your sovereign hat at home that day because you will lose points.
     
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  7. DOCwsun

    DOCwsun Law Topic Starter New Member

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    My context has nothing to do with rhetoric. Not trying to be persuasive to anyone. I could care less. Im simply asking if the cvc reads "No person shall drive over speed limit thats presumed to be reasonable or prudent or which endangers the safety of persons or property." My argument is 1) I didn't exceed the the limit, 2) even if I did, it was safe to do so.
     
  8. DOCwsun

    DOCwsun Law Topic Starter New Member

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    WTF are you smoking? Lay off the bottle. How is my question to clear up about cvc speeding and if action falls under civil or criminal court because P.C. 16 reads infractions are still crimes, and infractions fees are paid to civil court as civil offences have anything to do with a sovereign? Why do you care if some people status is having power to govern their body over itself without interference from outside sources which the government legally allows if one chooses. Who are you to choose what status a person has to be? And NO! I'm not a sovereign.
     
  9. DOCwsun

    DOCwsun Law Topic Starter New Member

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    WTF! Whats with all the sovereign crap? How is my asking questions to clear up cvc speeding , civil or criminal court have anything to do with sovereign? I'm just researching CA law books. I guess that turns you into a sovereign.
     
  10. justblue

    justblue Well-Known Member

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    Watch your language.
     
  11. Highwayman

    Highwayman Well-Known Member

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    SURE you do.

    Nonsense.

    That's what they all say. Just because you didn't see him doesn't mean he wasn't there.
     
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  12. mightymoose

    mightymoose Moderator

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    I find it unlikely you are unaware of the nature of this language. This is standard jargon for the sovereign citizen movement and using this language in court will not lead to a positive result.
    Maybe it is just something you looked up and don't know any better. Either way, it is leading you down the wrong path.
     
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  13. flyingron

    flyingron Active Member

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    F
    At this point, it matters not. I already explained how you are laboring under a misconception about that charge. Property is everywhere (your car even counts).

    This is neither here nor there. You blew off your due process.

    But again, you committed two DEFINITE crimes by your own admission after the one you possibly might be innocent of. You failed to appear. This is a crime in its own right. You also were suspended as a result of the FTA and continued to drive. This is also a crime.

    So, given the problems and your lack of understanding of the law, your best bet is an attorney. The attorney can make a case that the FTA should be dismissed, and possibly challenge the original citation. He'll also do what he can to mitigate the DUS charge.

    Your other choice (given our limited ability to assist you online) are.

    1. Pay the fine plus the FTA penalty.
    2. Make sure the court send an abstract to the DMV to reinstate.
    3. Go to court on the DWS with your cleared license and ask for it to be "corrected" (which they're not obliged to do, but it's worth a shot).

    Failing to address this properly is going to result in the fines going into collections. GC is as bad a collection agency as they come (and they're all scum). You'll also accumulate more criminal charges that can possibly even land you in jail while you continue to break the law by not having a valid license.
     
    Last edited: May 10, 2019
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  14. DOCwsun

    DOCwsun Law Topic Starter New Member

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    Im a First Call Responder. I average Seven bodies a day, One about every 3 hours, Twenty-Seven bodies a week, One-Hundred and Ten a month. So Yes, I do work 24 hours a day. On top of starting my own company.

    I always look in my rear view mirror. Never saw any car behind me. I was stopped at the red light for about 15 seconds, then I saw him drive up behind me. So I know he didn't pace me. I know I wasn't speeding. He got mad because he must have seen my headlights off, by the time he pulled behind me they were already on. He just made up the speeding charge. That's why he just so happen to put 55, the maximum speed limit and not 56. You don't choose to pace someone when you have Radar in vehicle, especially at 2:30 in morning when its dark and you only have small tail lights to focus on at a large distance.

    Thanks for the reply.
     
  15. DOCwsun

    DOCwsun Law Topic Starter New Member

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    I'm not worried about the FTA, they always dismiss the charge when you show up. The false speeding charge I will challenge, because I know I wasn't speeding, Who paces a vehicle at 2:30 a.m. at night when you have radar? When Its harder to pace a vehicle? I never saw him in rear view mirror. Officer being the only car behind me, I would have noticed. I was cruising at 40 mph like always enjoying no traffic around me at all. The DWS I didn't know it was. I was in middle of divorce living in my SUV. My ex thru out property and never gave me my mail. I'm just going to try and mitigate the DWS to something lessor. Don't know what yet but maybe probation and or a fine.

    Thanks for your infom. and reply.
     
  16. Zigner

    Zigner Well-Known Member

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    Sounds like you have all the answers. Best of luck to you.
     
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  17. Zigner

    Zigner Well-Known Member

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    Your math doesn't work out.
    7 days x 24 hrs is 168 hrs.
    168 hours divided by 3 is 56
    You should be getting 56 bodies per week, not 27.

    7 bodies per day x 7 days in a week is 49 bodies, not twenty seven.

    Per your math, you work twelve hours per day.
     
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  18. Highwayman

    Highwayman Well-Known Member

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    So tell us how much experience YOU have in doing speed enforcement. Your statement shows you have no idea what you're talking about.
     
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  19. Highwayman

    Highwayman Well-Known Member

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    Which means what exactly?

    You average bodies?
     
  20. army judge

    army judge Super Moderator

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    Could it be this? \/\/\/\/\/\/\/
    1stcall.JPG
     

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