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  1. Scooterdog

    Scooterdog New Member

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    An idiot like you may not, but those of us who have been in the court on more than one occasion, and won, would.

    Your not the sharpest tool in the shed are ya? :roflmao:

    Once you default the prosecutor, and you will, you THEN file the motion to dismiss. Let me explain it so even you can understand it:

    There is very little question of the prosecutor’s default, and when he or she defaults by not legally rebutting your claims, the law says that,- the prosecutor must thereafter accept your claims as being the truth. The prosecutor’s claims against you are legally voided upon his default. If we were dealing with an honest court system then, that would be the end of things. The prosecutor would simply notify you and the court that, he must drop the charges against you and clear the record. Unfortunately, the court system is not so honorable and you will have to appear in court to force the judge to dismiss your case based on the default.

    The judge knows that he was placed on the bench to collect money for the state, county or city by upholding and perpetuating the traffic fraud. If the judge were to admit that he was dismissing your case because, the prosecutor could not rebut your legal claims that you are not subject to the traffic code, and that the court has no jurisdiction over you then, he would be admitting to his active participation in the state’s fraud and extortion racket. For this reason don’t expect the judge to sit there and say that he or she is dismissing your case based upon the prosecutor’s default

    A Judge’s preferred method to dismiss a case where there is a default of the prosecutor using common law default is to just inform the officer his testimony is not needed in court concerning this case. If the cop can not come to court to testify against you then, the judge must dismiss.

    Move for dismissal: "I move this court to dismiss based upon the lack of controversy in this case, pursuant to the default of the prosecutor." It is primarily up to you to get your case dismissed in court. If you don’t ask the judge to dismiss your case then, it is very unlikely that the judge will just volunteer dismiss it, especially with a prosecutor present.

    If you have a prosecutor in court, it is the prosecutor’s job to object to your motion. If the prosecutor just makes some statement about your common law default being just a bunch of gibberish, nonsense or is frivolous, inform him and the court that the burden of proof is upon the state and that the prosecutor must prove his claim by facts supported in law.
     
    Last edited: Dec 23, 2007
  2. CdwJava

    CdwJava Moderator

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    Uh ... have you actually read the entirety of this case from 1926?

    Yeah, we get that one all the time. It's common for people who make a claim against local government and do not adhere to state or federal law with regard to proper procedure. Unfortunately, SAYING that a government agency or their rep. has ten days to respond does not make it so. In fact, in many states a local agency may be stautorily prohibited from providing adequate response (such as in the instance of a personnel complaint alleging some measure of malfeasance).

    Sorry. These fall flat. I know you don't think so, but, they do.


    - Carl
     
  3. Green_Hornet

    Green_Hornet New Member

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    Those that have been to court for a contract infringement. Tell us where this contract is smart guy. Where does a contract fall into play with a speeding ticket?
    You want argue contract breach in traffic court,and I am an idiot?
     
    Last edited: Dec 23, 2007
  4. Scooterdog

    Scooterdog New Member

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    Sorry Carl, but it works in Cal, and I'm trying to find the case for you now. Will post it when I have it. I believe the case was in Riverside Cal, and the judge said something to the affect: "good cause exists to dismiss case due to lack of prosecution."

    Action Date
    Action Text
    Disposition
    Hearing Type

    04/27/2007 1:30 PM DEPT. T1
    COURT TRIAL
    DISPOSED
    TRIAL



    Minutes


    HONORABLE JOHN J. GALLAGHER PRESIDING.

    COURTROOM ASSISTANT: CAS-C. SMITH

    COUNSEL/PARTIES STIPULATE THE JUDGE PRO TEM/COMMISSIONER, AS INDICATED ABOVE, MAY HEAR THIS MATTER.

    OFFICER D FORTNEY NOT PRESENT.

    DEFENDANT PRESENT.

    AT 2:17, THE FOLLOWING PROCEEDINGS WERE HELD:

    COURT FINDS GOOD CAUSE EXISTS TO DISMISS CASE DUE TO LACK OF PROSECUTION

    COUNT(S) 01 DISMISSED IN THE INTEREST OF JUSTICE. (1385 PC)

    CASH BAIL EXONERATED.

    DEFENDANT RELEASED.

    I can't seem to find the case #, but will keep looking. It listes the dates of each filing but thats it.

    04/25/2007
    COURT ON 4-27-07 AT 1:30 DEPT T-1



    04/25/2007
    ACTION TO BE TAKEN PENDING TRIAL.ALL TO BE IN



    04/25/2007
    BE HEARD PRIOR TO TRIAL ON 4-27-07.NO OTHER



    04/25/2007
    JUDGE ORDER DATED 4-25-07.MOTION TO DISMISS TO



    04/24/2007
    FILED: AFFIDAVIT OF TRUTH BY DEFENDANT



    04/24/2007
    FILED: MOTION TO DISMISS WITHOUT PREJUDICE BY DEFENDANT



    04/05/2007
    FILED: ACCEPTANCE OF CONSTITUTIONS & OATH OF OFFICE



    04/05/2007
    DECLARATION OF DEFENDANTSS STANDING FILED BY C**.



    04/05/2007
    DECLARATION OF DEFENDANTS STANDING FILED BY DEFENDANT.



    04/05/2007
    FILED: ACCEPTANCE OF CONSTITUTIONS AND OATH OF OFFICE



    04/04/2007
    OFFICER(S) SUBPOENAED.



    03/12/2007
    TRUST 159.40 RECEIVED FROM DEFENDANT



    03/12/2007
    OFFICER(S) SUBPOENAED FOR COURT TRIAL, WHICH HAS BEEN SET 04/27/2007 @ 1:30.



    03/12/2007
    COUNTER ARRAIGNMENT - DEFENDANT ARRAIGNED ON INFRACTION CITATION.



    03/12/2007
    PLEADS NOT GUILTY TO COUNT(S) 01.



    03/01/2007 12:30 PM DEPT. MV2
    CALENDAR ADD ON: REQUEST NOT GUILTY PLEA AND TIME TO POST BAIL
    DISPOSED



    Minutes


    HONORABLE ROBERT M. PADIA PRESIDING.

    COURTROOM ASSISTANT: DB-D. BRAYLEY

    DEFENDANT IS NOT PRESENT.

    NO ACTION TAKEN.

    DEFENDANT RELEASED.



    12/27/2006
    DATE TO APPEAR IS CONTINUED TO 03/12/2007. REASON: DOUBLE EXT AT WINDOW



    12/07/2006
    CITATION (IMAGED)



    12/07/2006
    LOCATION: WINCHESTER X PROMENDADE NO



    12/07/2006
    CITATION FILED BY MVNDB
     
  5. Scooterdog

    Scooterdog New Member

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    Well, yes I do think you're an idiot. Your lack of legal knowledge, then resorting to worthless post's such as yours, proves this.

    It's not my fault that you don't understand what I'm showing you, that is YOUR fault. Get educated in law and legal procedure, then come back, you might be able to actually contribute something worth while. Stop throwing a fit because it's over your head.
     
  6. Green_Hornet

    Green_Hornet New Member

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    No contract law in traffic court lets get back to YOUR WRONG.
     
  7. Scooterdog

    Scooterdog New Member

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    LMAO! Prove me wrong dummy! You can't. Again, you show your ignorance in legal procedure, and clearly don't have a clue about the default process. Sorry for you.

    GH will never prove me wrong, because I'm not wrong. GH can say whatever, but has not shown where I am wrong, but rather post's lies and makes immuture statements like "your wrong" without showing ANY evidence of it.

    Of course, if I were wrong, gh could prove his claim, but, he just can't. sorry bud, you just ain't got what it takes:KNOWLEDGE. Good luck though.

    Also Greenloser, your not in traffic court at first. What is wrong with you? Can't you read? You default the prosecutor, you're not argueing the damn ticket dummy, you're arguing the fact that the prosecutor defaulted, and the court must dismiss. But I guess this is just to complicated for you to understand.
     
    Last edited: Dec 23, 2007
  8. SBroadway

    SBroadway New Member

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    I got pulled over for going 79 in a 55mph zone. I live in NC due to the fact that I am a US Marine stationed in Camp LeJeune. Can I use Prayer for Judgement or Reduce to 9 over?
    When I got pulled over, another vehicle behind me was pulled over as well. It just so happens that the vehicle had been tailgating me for the past five miles or so, and because I was focused on that suv I failed to notice the change in the speed limit. It had dropped from 70, to 60, to 55. Can I use this to get my speeding violation reduced?
     
    Last edited: Jan 3, 2008
  9. Scooterdog

    Scooterdog New Member

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  10. irish223

    irish223 Moderator

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    S. Broadway -- You should start a new thread with your question. Most people won't ever see it when it's at the end of someone else's thread.
     
  11. bran76

    bran76 New Member

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    I live in NC. I agree with GreenHornet. Go to the DA. Get some help. It is that simple.
     

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