Traffic Ticket Defense
by John Lee If you have a Driver License contract, and have been served process of a summons to court with a complaint ("traffic citation"), you are being sued for alleged "breach of contract". The existance of that Driver License contract grants the court jurisdiction as a condition of that contract, and (at least initially) denies you a right to a jury trial, and grants the single judge "equity jurisdiction" (no jury) to decide the fate of the contract dispute ("Alternative Dispute Resolution, a/k/a administrative "Mediation", NOT a "Trial by Jury"). If you have a private contract for vehicle insurance, a condition of that contract is the voluntary purchase of a Driver License contract, which likewise grants the court jurisdiction, since the insurance corporations are "regulated" as "interstate commerce", which includes all their voluntary customers. If you lack a Driver License contract (and lack an insurance contract), the "corporate-government person" suing you is suing your for a "tort" (damages). Civil Tort Law is very different than civil Contract Law, or Criminal Law (Constitutional Law). Note that "illegal (criminal) aliens" without US-state-issued Driver Licenses have US Constitutional rights (and State constitutional rights), but American citizens with Driver-License contracts do not (since they "voluntarily" waivered those rights).
By definition, traffic CITATIONS are NOT "criminal" matters, and no imprisonment can apply if you lose in court, UNLESS you sign a contract to agree to pay a (CIVIL) judgment fine and court costs, then you default on that "voluntary" CIVIL contract, resulting in imprisonment for CIVIL contempt of court (as you agreed to do as condistioned in the "fine print" of that contract). Understanding Contract Law is the goal of this game, NOT using Constitutional Law, which does NOT apply (so IGNORE the court's and judge's LIES and fraudulent misrepresentations that traffic and police "citations" are CRIMINAL matters (i.e., "crimes"). "Misdemeanors" that did NOT INITIALLY result in immediate arrest and incarceration are NOT "crimes", they are "contract disputes" under "Roman CIVIL Law" (which was deadly enough to feed the innocent Christians to the lions and the gladiators in the Roman Colliseums). The first slaves sold on the auction blocks in America were white European "indentured servants", who signed "bank-loan contracts for debt", in exchange for their freedom ("liberty") and the freedom of their spouses and children. They were stripped naken and sold in public to the highest bidder, and families split apart forever. As slaves they were routinely tortured and murdered at the whim of their owners. This American slave trade was officially legalized by the enactment of the US Constitution, under it's "Contract Clause". Even the US Constitution defines "slavery" as equal to "indentured servitude".
By definition, to volunteer for a Driver License, a person must sign a (slave) contract agreeing to waiver their freedom and liberty to travel (a freedom that existed for thousands of years before the first Driver Licenses for COMMERCIAL truck drivers in the 1930s), and to accept that when they attempt to travel, they are thereafter literally perpetrating a crime with every mile that they drive. Does making a contract with Gangster Government sound like a "good deal" to you? This Answer to Complaint mainly applies to those drivers who actually have a state-issued "Driver License" contract, rather than those who choose to not volunteer for such a civil contract (by YOUR voluntary decision, NOT by the state's unilateral decision to cancel a pre-existing contract for alleged breach of contract). Contracts are by definition "CIVIL matters", under the Contract Clause of the US Constitution, using the (ratified-under-duress) 14th Amendment ("to free the slaves") to apply that "God-given right to sign a contract to be a slave" ("indentured servitude") to the citizens of the States. According to the US Constitution, contracts always trump the federal and state constitutions. Thus, if you "volunteered" for a Driver License contract, as proven by your signature on that license (and vehicle registration), then you waivered all your "Constitutional Rights" (other than your right to contract), and thus cannot plead any rights named in the constitutions, or risk criminal conviction for alleged "civil" contempt of court by making a "frivolous argument" (unless you can prove you were forced to sign that Driver License contract under fraud and threats of duress, which instantly void every coerced contract). For those without a Driver License contract, the proper procedure to dispute a traffic citation might be a "Non-Statutory Abatement" disputing the lack of subject-matter jurisdiction, in a signed Affidavit (with your identity confirmed by signature and seal of a state-certifed notary public), mailed to the deputy sheriff ("cop"), or to the state or municipal or "metro" "police officer" (actually a private corporate security guard, since they are not named in state constitutions), and to the prosecuting attorney, but NOT mailed to the court clerk. Or, such a driver might plead this in a written Answer to Complaint, filed BEFORE the trial date with the court clerk, but ONLY if done as described in this news article, to avoid entrapment into the court's "personal jurisdiction" by making a "Special Appearance" to contest the court's jurisdiction, not as a "General Appearance" to answer the complaint. In Traffic Court, trying to win your case using the court's ALLEGED CRIMINAL Rules of Procedure (pleading "guilty" or "innocent"), when in fact ALL traffic tickets are by definition CIVIL cases using CIVIL Rules of Procedure, is like a person trying to win a game of baseball against an opposing team and referee playing by the rules for full-contact FOOTBALL. "If you want to play with the Big Boys, you have to know how to play the game," as the US Air Force JAG (Judge-Advocate General) threatened my wife during her Congressional complaints proving billions of dollars in Fraud, Waste and Abuse of taxpayer funds. We won that particular game. The folllowing self-help legal info may help level the playing field for you, as well as telling you which stadium to play in. The following legal document can be tailored to defend against many types of traffic "prosecutions" and many types of courts, jurisdictions or nations. USA's legal system was derived from English common law, as it existed in the 1700s, though now it has become fraudulently subverted into Roman Civil Law (all crimes are "corporate" crimes, all names are "corporate" names (written in ALL CAPS), and thus all "crimes" are now breach of civil contract for alleged debt). Be sure to make audiotape recordings of all communications with police, attorneys, prosecutors and judges, including during traffic stops by police (the perfect "lie/BS detector" with 100% accuracy). The following document was successfully used to set legal precedent in USA for so-called "indigent" defendants to pay ZERO fines and court costs despite "losing" traffic tickets in court. In USA, the "Homestead Exemption" applies to all courts, including state and federal civil courts, federal bankruptcy court, and traffic courts. Rich elites commonly use Homestead Exemptions when they are technically "indigent" after placing all their assets into "trust funds". States like Florida allow a person to own a million-dollar home and still claim "indigency" via Homestead Exemption. Declaring "indigency" also helps avoid massive appeal bonds for appealing routine traffic tickets. The biggest danger is being jailed for alleged civil contempt of court order, when you can't afford to pay any type of civil judgment. Judges fraudulently allege civil contempt of court is the same as criminal contempt of court (such as cursing in court). This court order results in life sentence on Death Row in Debtors' Prison, without right to bail, no right to a lawyer, no right to a jury, no right to appeal, no right to medical care. My brother, who is a trial lawyer ("barrister"), was "convicted" of civil contempt for inability to pay $80,000 contract for attorney fees owed by his ex-wife. So he spent 12 days in jail, until the money could be extorted from my family, and his law license was suspended during that time ("reinstated" upon court-ordered release from jail on the contempt of court charge). People are scared of Homeland Security Control Acts, but civil contempt of court is far more dangerous. He should have listened to me when I warned him how to avoid that problem. And that's what anyone risks who volunteers for a government marriage-license contract (making the government a full partner in the now-bigamous marriage), rather than a religious marriage performed by a non-501c3-tax-status church and preacher (who cannot say "By the power vested in me by the State..."), thus denying a "Divorce Court" (Chancery Court of equity in Tennessee) "subject-matter jurisdiction". But what do I know, I'm not a licensed lawyer (but I do win in court "pro se" (without a lawyer), which is technically a license to practice law for anyone on a case-by-case basis, and any person can become an "attorney-in-fact" (versus "attorney-at-law") for any other person in any court). Tailor to following document with relevant facts, names, addresses and dates. Type it single sided, with double-spaced lines of text. It must be filed with the clerk prior to appearing in court. Exhibits may be stapled to this document, then entered into evidence during the court hearing. Go to your local public law library or to findlaw.com to copy the exact statute, code or ordinance allegedly violated. (When any library receives public records, it MUST be made open to the general public, according to the dean of University of Tennessee Law Library in Knoxville, Tennessee.) The law library will also have some good self-help legal books in the Reference Senction, which you can read but cannot check out (or just go to a bookstore). Use a law dictionary to look up words that have double meanings (you may define them in your written court pleadings). Also copy the Annotated Rules of Civil Procedure (not online, library only), to read which Rules of Procedure are required for appeals from lower courts (probably Civil not Criminal Rules). Get a copy of your Local Court Rules and read them to avoid any simple mistakes that might irritate a judge (in Knoxville, you must get the fraudulent "Rules" published by City Court (ignore them), AND go to Knox County Circuit Court Clerk in City-County Building for a free copy of Knox County General Sessions Court Local Rules (required for use in City Court), but beware the fraudluent trap/lie of General Sessions Court clerks who fraudulently allege that there are no such Local Rules (go instead to the Circuit Court clerk, who is actually in charge of the Sessions Courts). Go to both lower court and a state ("county" circuit/superior) court, watch the procedures and rules, and compare the difference between the two. Watch what the lawyers do in state court. NEVER act like the dumbed-down sheeple in traffic court: It is impossible to "plead guilty" or "innocent" under Civil Rules of Procedure. Watch how the judge defrauds 100% of the sheeple in Traffic Court using fraudulent misrepresentation of bogus Local Court Rules (in Knoxville City Court, its bogus Local "Rules" are displayed on the walls and on its website). Spectating is FREE. Bring a seat cushion. Tape recorders (audio and video) are "technically" illegal without prior approval from a judge. Make notes on paper. Watching Judge "Raving Bitch" Judy on TeeVee (as a UTK bumper sticker called her) will only brainwash you that you have no Constitutional or procedural rights, and no right to a jury, and that you are a moron. That is the only purpose of such fraudulent disinfo in the Idiotbox. Watching COPS shows on TeeVee (watch the "Running Man" get beaten to a bloody pulp, or see innocent bystanders massacred by police chases for routine CIVIL alleged traffic arrests for breach of bogus contracts) also dombs sheeple down, although occasionally you might see an example of a non-cop making a Citizen's Arrest (cops can NEVER arrest ANY person for a misdemeanor committed outside the cop's presence), or some other insider tips leaks out past the editors/censors. At the law library, read the Pattern Jury Instructions for state court. This will tell you the mandatory "Essential Elements" the prosecution MUST enter into evidence BEFORE you present your defense. Prosecutors routinely fail to do this, and just fake it, and judges routinely allow this fraud to continue. Use a checklist, and when the prosecutor skips a step, DON'T object immediately. Wait until the prosecution "rests its case in chief." Then, BEFORE you present any evidence, and BEFORE you read this document to the judge, verbally make a Motion to Dismiss ("I Move the Court to Dismiss") for failure to prosecute and failure to enter into evidence the Essential Elements. If the prosecutor and judge want the let the prosecutor reopen its case in chief, OBJECT strongly, and NEVER agree to a voluntary contract to waiver this requirement. If the judge overrules your objection, THEN read the following "into the record" (YOUR audiotape record) and into the judge's ears. Judges are allowed to ignore the law and make up their own law in every case, UNLESS the defendant (or lawyer) forces the judge obey the law. This is done by filing pleadings (papers) writing down the exact wording of the law in that particular case, and by SPEAKING the law to the judge in court, since a judge is allowed to NOT read or use his own court file on a case (and judge's are lazy). The judge will allege and threaten that a defendant is not allowed to say the word "Constitution" in any courtroom. This is simply a fraudlent attempt to bait-and-switch a defendant into a "voluntary" civil contract. The right to enter into civil contracts is specifically named in the US Constitution and in state constitutions, so the Police State NAZIs (National Socialists/Communists) fraudulently trick drivers into losing in court using illegal duress to sign away Constitutional rights. Driver Licenses and vehicle registration tags are both "voluntary" civil contracts that require contractees to obey 10,000s of contract clauses. However, the law clearly requires that all civil contracts make a "meeting between the minds," or else that contract is void from the beginning for failure of consideration (Uniform Commerical Code (UCC) has been adopted/codified in all state statutes, codes and ordinances). So, by "volunteering" for a Driver License contract, it is a "frivolous" argument to use Criminal Rules of Procedure for "misdemeanor" traffic ticket defenses (inluding Constitutional arguements), rather than "felonies" (common-law "crimes"). So simply win using the Civil Rules of Procedure and UCC/statutes/codes/ordinances. However, Constitutional arguments may be allowed on appeal, WHEN you bring them up in a lower court, since judges must listen to Constitutional arguments ONLY AFTER ALL other arguments have failed. In this Catch-22 situation, the Constitutional argument MUST be made in the lower court first, or the appeallate court WILL BE REQUIRED to ignore it on appeal. So, when a lower court judge says you cannot say the word Constitution in "his" or "her" court, you MUST OBJECT AND "make an Offer of Proof", which is simply a legally proper Rule of Procedure to ignore the judge's order, and make your Constitutional (or any other) argument "on the record". The judge can still ignore it in the lower court (he will be fired if he routinely obeys the law for failing to meet his illegal quota), but Offers of Proof preserve the record on appeal, AND makes it clear to the judge that you can win an appeal (thus it is a waste of the governments' time AND MONEY to try to fight you in court, and lose: It's no longer profitable to extort you). If you lose in Traffic Court, and you want to appeal, you have 10 days to file Notice of Appeal with the lower court. You must also file a WRITTEN "Demand for Jury Trial" in the state ("county") court within 10 additional days (your court might have slightly different time limits or rules). Simply asking the court clerks to be entered in the computer for a jury trial is allegedly NOT good enough (but in Tennessee, Civil Rules of Procedure clearly order that it is good enough to write "Jury of 12 Demanded" in the caption of your Answer to Complaint in state court). All juries have the power of so-called Jury Nullification of ANY law in EVERY case, as clearly written in Tennessee Pattern Jury Instructions, approved by Tennessee Supreme Court (judges ignore ALL laws using "judicial nullification" in their alleged role as "the 13th juror"). When you are ready for REALLY Closing The Deal, you may also file a COUNTERCLIAM in your Answer to Complaint, and SUE THE POLICE/GOVERNMENT for breach of contract, fraud and everything else the law allows defendants in ALL civil lawsuits. This is perhaps the REAL reason judges are terrified that sheeple will learn the facts about traffic citations being CIVIL matters. You are also allowed FINANCIAL SANCTIONS after you win your defense, when you prove the traffic ticket was a frivolous civil prosecution. Pro se's are not allowed reimbursement for "lawyer fees", but you are allowed legal expenses. You simply make a Motion for Sanctions after your case was dismissed, and present an itemized bill for your travel costs, copy costs, transcription costs, photography costs, etc. If you hire any legal professionals (or if your friends get a Notary ("Court Reporter") license for $100), you can be reimbursed at $100/hour or more for their bill for transcription services, which can easily total thousands of dollars in profit. Good luck, John Lee
NOTICE: Use of this news article for self-help purposes does not constitute a contract for legal services, and no guarantees for success are made. "The Law" includes over 50-million pages of codes, statutes, ordinances, regulations and policies. that change daily and always conflict with other published "laws" (which are usually "private contracts" that mascarade as government "laws"). NO ONE can humanly read and decipher all the law - that is impossible. "Ignorance of the law" (lack of "mens rea") IS a valid legal defense in criminal matters, or for "failure of consideration" and lack of "meeting of the minds" voiding a civil contract, BUT ONLY when that "affirmative defense" is included in the Answer to Complaint, to rebut the State's allegation that you "knowingly and willingly" violated the law, using the defense of "fradulent concealment" of the terms of the "statutory civil contract", etc. The reader accepts all responsibility for use of this information, which is merely a jumping-off point for a lifetime of legal self-education. |
The following document may be handed to a "police officer" at the initiation of a "traffic stop", along with "identification" as currently required by US Supreme Court for "Terry Stops" (except for "illegal aliens" who do not require any driver license nor identification and cannot be arrested according to White House treaty with United Nations Corporation). Beta Test Feedback Form 101A To whom it may concern;
INVESTIGATORY DETENTION THIS FORM TO BE IMMEDIATELY FILLED OUT BY COMPLAINANT LAW ENFORCEMENT OFFICER, AND IMMEDIATELY RETURNED TO DEFENDANT OR AGENT FOR DEFENDANT, WITH SECOND BLANK COPY RETAINED BY LAW ENFORCEMENT OFFICER AND ATTACHED TO ORIGINAL COMPLAINT. By making this "traffic stop" detention, you agree to immediately fill out this form in duplicate, under penalty of perjury, and agree to immediately deliver one copy to the person requesting it. Failure to immediately identify yourself in full may result in your arrest and/or other court-ordered sanctions. Printed responses must be legible and in English language. Completion of this form is mandatory in all "misdemeanor citation" cases, which are civil matters requiring mandatory discovery, under penalty of summary imprisonment without bail for civil contempt of court. In all cases of "citation", free copies of all relevant videotape and audiotape discovery of evidence shall be immediately provided, to ensure defendant's chain of custody of evidence. ___________________________ ___________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ $____________________________ _____________________________ _____________________________ $____________________________ $____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ $____________________________ ___________________________ Rent ___ Mortgage __ Clear Title __ ___________________________ ___________________________ _____________________________ _____________________________ $____________________________ ___________________________ _____________________________ _____________________________ ___________________________ ___________________________ ___________________________ _____________________________ _____________________________ Videotaped Traffic Stop: _____________________________ _____________________________ _____________________________ Cell Phone Used in This Case: YES ___ NO ___ _____________________________ _____________________________ _____________________________ The undersigned hereby certifies that a true and exact copy of this pleading has been served upon counsel or agent for all identified parties at interest in this case by delivering a true and exact copy of said pleading to the offices of said counsel, agent or party, or by placing a true and exact copy of said pleading in the United States Mail, addressed to said counsel, agent or party at his office or residence, with sufficient postage thereon to carry it to its destination. Name and Address of Victim/Plaintiff/Complainant: ___________________________ This ______ day of ___________, ________ Defendant/Driver: _________________________ _________________________ END FORM 101A |
ADMINISTRATIVE HEARING
Respectfully submitted: STATE OF TENNESSEE Comes the affiant, after being duly sworn, and does depose and say the following: I, ____________________, am over 18 years of age and make this affidavit in support of the Answer to Complaint in the above listed case based upon my own personal knowledge. 1. The statements of fact made in the attached pleading are true and correct, or, if based upon discovered evidence, are based upon my information or belief. Further affiant sayeth not. __________________________ STATE OF TENNESSEE Sworn to and subscribed before me on this ________ day of _____________, _______. ___________________________ My commission expires: ____________________ The undersigned hereby certifies that a true and exact copy of this pleading has been served upon counsel or agent for all identified parties at interest in this case by delivering a true and exact copy of said pleading to the offices of said counsel, agent or party, or by placing a true and exact copy of said pleading in the United States Mail, addressed to said counsel, agent or party at his office or residence, with sufficient postage thereon to carry it to its destination, notwithstanding failure of plaintiff to provide the correct name and address of its agent or counsel in its complaint. Plaintiff: This ______ day of ___________, ________ Defendant: WARNING! This Answer to Complaint is very powerful. Use of this document can prove hazardous to your health from illegal retaliation perped by insane criminals who infiltrate "police" agencies (a/k/a "cops"), who label smart drivers as "Adam Henrys" (a/k/a "AssHoles") in need of an "Attitude Adjustment" (up to and including the Death Penalty, which police summarily perp 1,000 times every year, according to AAA Insurance Company). Remember the video of Rodney Glenn King and the resultant billion-dollar riot and 60 murders in Los Angeles. Always increase your level of personal security and self defense when defending yourself from Gangster Government. This identical Answer to Complaint was successfully used to defeat two traffic citations in Knoxville City Court in 2003. The out-of-state driver was ordered civilly liable for the judgment of fine and court costs for one ticket of a broken tail light, and one ticket of driving without insurance. Both judgments were suspended under the Tennessee Homestead Exemption law. Thus, no fine or court cost were required to be paid, which is the entire point of winning. However, this "precedent-setting" financial defeat for KPD and City of Knoxville Municipal Corporation apparently resulted in a retaliatory attack against this winning defendant within 24 hours, resulting in defendant's false arrest for using a public restroom, due to a false allegation of criminal trespass and citizen's arrest made by a corporate security guard at a public hospital. The defendant was beaten by the private security guard, on a public sidewalk, outside of the private property of the hospital. There were no locked doors to the public hospital, and no signs posted warning "NO TRESPASSING", and the defendant was never asked to leave the premisis, all of which are ESSENTIAL Elements for a conviction of Criminal Trespass, according to Tennessee Pattern Jury Instructions. Since the private security guard was not a "government law enforcement officer", it was false arrest and false imprisonment for the State to prosecute this defendant for alleged "resisting arrest or frisk", according to Tennessee Pattern Jury Instructions. This stubborn and frugal defendant refused to pay $250 cash bail for release from maximum-security county jail, for the two crimes he was innocent of committing. This webmaster filed an Affidavit with the state General Sessions Court as a Witness, and appeared in the Preliminary Hearing to testify in defendant's pro se case, after he had spent 7 days in jail. The judge refused to allow the defendant to defend himself pro se, and the frustrated state prosecutor falsely accused this webmaster of the crime of fraud for allegedly "'practicing law without a license' for 'using a legal term'", as found in any public library or bookstore in a legal dictionary (the term "Esential Element"). This webmaster was forcibly ejected from the courtroom by the bailiff under illegal orders of the judge, for daring to use an audiotape recorder (with the judge's verbal permission by ratification and default for failure to respond to this webmaster's verbal motion for permission to record my own sworn testimony as a witness) during the fraudulent hearing and false prosecution. After 10 days in jail, he was finally allowed a so-called "Public Defender" (government-employed attorney), who refused to allow him any legal defense or eyewitnesses in court, and forced him to plead guilty, rather than await a 6-month prison sentence while awaiting trial, all with a bleeding head injury caused by the hospital guard, and denial of emergency medical treatment. However, he still utilized his "indigency" status and avoiding payment of any fines or court costs. He did pay $50 to get his car out of city Impound Lot, where it was towed from the public street where it was legally parked. Pleading guilty, unfortunately, prevented him from suing the security guard and hospital (and perhaps the sheriff's deputy and department) for civil torts of "false arrest" and "false imprisonment" (that would have lasted perhaps ten years before all trials and appeals were exhausted). I had warned him to "get out of town" for a while, and to "keep a low profile", to prevent being victimized by illegal retaliation from disgruntled police, but he chose to underestimate this risk. Apparently, the disgruntled police officer staked him out, and phoned the hospital security guard with a bogus allegation, resulting in the security guard overreacting with a violent false arrest, that nearly cost the guard everything he owned in a civil judgment for false arrest. Coincidentally, withing six months of this webmaster filing a 30-page Affidavit as eyewitness in that case of false arrest by a hospital security guard, the Tennessee legislature passed a new law effectively denying private security guards the right to make "citizen's arrests", then turn the defendant over to sheriff's deputies for delivery to the jail, for a judicial commissioner to sign an arrest warrant. The radical new law only allowed a "criminal summons" to voluntarily appear in court (i.e., a "citation"), apparently to protect the government from liability for police signing Affidavits of Criminal Complaint for misdemeanors NOT committed in their presence, which is a violation of state law (citizens who make arrests can still personally deliver the defendant to the judicial commissioner for an immediate probable cause hearing). Fortunately, after this last incident with this stubborn and intelligent driver, police refused to make any further traffic stops of this driver, effectively granting him a "Get-Out-Of-Jail-Free Card". At any rate, if you use this document in court, watch your back, and stay sharp.
GEOCITIES.COM/PARKING_TICKET_APPEAL
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