Although the above isn't all of it, this would be the body of the motion to dismiss the action:
I, Scooterdog, having appeared under threat, duress, and coercion, only to protect Aggrieved Defendant's interests, without any appearance of an adverse party, where the Judge was not an impartial party, but also prosecution, which is a conflict of interests and gives rise to violation of due process rights of the alleged defendant, who is now aggrieved because of such impartiality, and as such this court has lost immunity and any preconceived jurisdiction.
Further investigation shows that there was no probable cause for the arrest and seizure at the time of such arrest and seizure. There was no disturbance of the peace, felony, or warrant for such action, and no commission of a crime leading to another cause of action against the Plaintiff and Officer for harassment and obtaining a signature under threat, duress and coercion.
Aggrieved Defendant had committed no crime at the time of stop and seizure by citing the Officer. The Aggrieved Defendant was charged with a traffic code or rule violation classified by state, or local government code as an infraction. An infraction is not a crime. Courts commonly define the word infraction as, a 'quasi-crime.' Blacks Law Dictionary Seventh Edition defines the word 'Quasi' as; "Seemingly but not actually; in some sense; resembling; nearly" Therefore, an infraction is not a crime but rather, something that seemingly could be a crime but, is not actually, - something that appears to be in some sense a crime but, is not actually, - bares some resemblance to a crime but, is not actually, - nearly a crime but, is not actually. Clearly the Aggrieved Defendant, committed no crime!
Created to protect the people from abuses of police powers, The Forth Amendment of the Constitution for the United States of America, allows police officers to seize and/or arrest a person of the flesh only when a police officer has 'probable cause' to believe that a person has committed a crime, or is involved in the commission of a crime.
The Aggrieved Defendant is fully aware of and does not surrender or waive Rights guaranteed in the federal and State Constitutions, or his free exercise of those Rights. SEE: Brady v. U.S., 397 U.S., 742 at 748. "Waivers of Constitutional Rights must not only be done voluntarily, they must be knowingly intelligent acts done with sufficient awareness of the relevant circumstances and consequences." Further, the exercise of a Constitutional Right cannot be converted into a crime. SEE: Miller v. U.S., 230 F, 2d 286, 489. "The claim and exercise of a Constitutional Right cannot be converted into a crime." However, that is exactly what the State of Montana has done by converting Aggrieved Defendant's claim and exercise of Constitutional Rights into a crime. The State opposes and contradicts those Rights and brings action against Aggrieved Defendant for his exercise of those Rights, and in so doing, denies and defies the Constitutions, including defying Constitutional provisions against Bills of Attainder and pains and penalties. For such charges to be brought by the State against a Citizen in any court constitutes treason by those who bring and prosecute the charges. For the court to hear such charges demonstrates that the court fails to honor Constitutional Rights and fails due process of law. The presiding judge has taken an oath to uphold the Constitutions, and pursuant to that oath and his/her duties to the Constitutions, and not to fraud and color of law, the judge has the discretion to dismiss the unlawful charges, uphold his/her oath, the Constitutions and dismiss this case.
In the interest of justice and to preclude further injury to the Citizen and Aggrieved Defendant:
MOTION # 1
Aggrieved Defendant hereby motions the court to dismiss for failure to establish probable cause, or to issue a "Notice of Infraction", (officer issued a "NOTICE TO APPEAR"), therefore the court has no jurisdiction in the matter.
MOTION # 2
Aggrieved Defendant hereby motions the court to dismiss for failure to establish probable cause for the traffic stop, and a contested hearing within ninety days under the Constitution of the Untied States therefore any jurisdiction is lost in the matter.
MOTION # 3
Aggrieved Defendant hereby motions the court to dismiss for lack of prosecution at hearing. Prosecution failed to invoke jurisdiction, wherefore this court has lost any alleged jurisdiction and has denied an adversarial proceeding amounting to lack of due process.
MOTION # 4
Aggrieved Defendant hereby motions the court to suppress all evidence unlawfully obtained by the traffic stop "arrest" by the arresting officer who comes with unclean hands. The Constitution of the United States forbids that a standing army may be maintained in peace time. Such constitutional abuse of WAR POWERS, if not rebutted by some superior law, will be evidence of such willful intent to injure the rights of peaceful Citizens.
MOTION # 5
Aggrieved Defendant hereby motions the court to dismiss for failure to obtain and correct the true name of the Defendant at hearing. The Defendant has never been known as SCOOTERDOG or any other nom de guerre, and comes into this court under the American Flag of Peace, and municipality has no express authority to use marshal war powers upon this Citizen without lawful declaration. This Citizen also declares that the venue is improper, in that the alleged infraction did not occur upon any municipal property and as such must be dismissed.
MOTION # 6
Aggrieved Defendant hereby motions the court to dismiss the charge for failure to explain the nature and cause of the accusation, thereby leaving the Defendant in ignorance and without aid of knowledge to prepare a knowledgeable defense, and amounts to denial of due process.
MOTION # 7
The Aggrieved Defendant further motions the court to dismiss for lack of constitutional authorization of officer to issue a "SUMMONS." The officer is a member of the executive branch of government and the Constitution forbids occupying or acting under two branches of government simultaneously, also being a violation of a public officer's oath of office.
Aggrieved Defendant objects to the martial law war powers summary judgment of this court and lack of due process and I reserve all my rights under the common law including the right to appeal, without cost and do not voluntarily waive any rights.