Categorized | Articles, Success Stories, Video

Another Bogus Traffic Ticket Kicked Out

Posted on December 12th, 2014 by Marc Stevens

This is very unusual; as I mention in the video below I’ve never seen this before.  Usually a trial by declaration is another form of pleading guilty.

But Al’s wife prevailed.  Al got a demur template from me and mailed it to the court.  The demur challenges the legal and factual sufficiency of the complaint.  Because the complaint contains no facts or allegations the constitution and code apply, there is no jurisdiction and there are not enough facts to set forth an offense.

Al did not say there was a response from the cop or prosecutor.  Even if they responded, it would not have been with any facts the constitution and code applied and there was jurisdiction.  What is comes down to is the argument the laws apply and there is jurisdiction has no factual support.  Here the judge did the right thing, though sustaining the demur was more appropriate.

Congrats to Al and his wife, and thanks for providing me with the documentary proof.

Al-ticket-kicked

              

17 Comments For This Post

  1. Jack Worthington Says:

    Great post. Thank you. The muni court judge, John Mercer, in Beaverton, Or., is one such sociopath as mentioned. I raised the issue of no factual evidence of the constitution and laws apply to me and he ran over me. IMHO, Mercer is a stinkin’ criminal and deserves to spend the balance of his filthy life in the boobyhatch hotel. Congrats to Al and his wife and again, thanks for posting this video and discussion. For anyone who is not already familiar with Lysander Spooner, may I recommend his missive: No Treason No. 6, The Constitution of No Authority. No Treason No. 6, The Constitution of No Authority (http://praxeology.net/LS-NT-6.htm)

  2. Boxer Says:

    Cudos getting this done in Kalifornia.

  3. i.n.rem Says:

    ” Live every Saturday ” — hah..!!

  4. ToCis2No Says:

    Subscribe.
    You’re One of the Best, if not the best, Marc!
    Thank You!

  5. Corporate Entity Says:

    So using similar documents and serving the Clatsop County Courts in Astoria Oregon a Motions to Dismiss for Lack of Jurisdiction/Standing. The Judge is leaving the case open till late December for me to provide documents from a traffic stop from OSP. The video shown in court confirms the “Trooper” had no Reasonable Articulable Suspicion to even Initiate the stop and the added fraudulent charges on my Extortion Notice, then proceeded to lie while Under Oath while the “Judge” kept running Interference and covering for him. So I Under Threat, Duress and Coercion sent in docs (ORS 163.275)and asked why the Jurisdiction/Burden Of Proof Issue was being ignored… Ideas or Constructive Input?

  6. Marc Stevens Says:

    @ corp ent always still challenge jurisdiction with a motion to dismiss.

  7. AL Says:

    I requested and received discovery from CHP on the citation. Nothing in the CD addressed a valid complaint (Injury, Damage or Violation of another’s rights)
    The court denied, without explanation, the initial motion to Dismiss and request for Judicial notice. I requested an explanation of the denial 4 times but was ignored so I was surprised with the ‘Not guilty” verdict on the trial by declaration. I also informed the court, in a letter sent with the bail, that the bail was paid under threat, duress and coercion.

    Curiously the court sent a notice saying they received the request for a trial and the “Not Guilty” plea. However, NEVER did I send in a Not Guilty plea but in fact I sent in a Motion to dismiss which was denied.

  8. Jack Worthington Says:

    @Corporate Entity, Hope you get justice but as I explained above, John Mercer in Beaverton, Orygun Muni court is a freaking liar and outlaw operating his kingdom of looting A (travelers) to satisfy B (him and his cadre of fawning, sycophantic, obsequious, clapping seal, bootlicker bureaucrats who slop-at-the-trough and suck-at-the-golden teat tax system imposed by violence.

  9. ozzie Says:

    i have to go to this same court next month. A little help please.
    odnavo81@gmail.com

  10. Jack Worthington Says:

    @ozzie, Which court? Clatsop or Beaverton?

  11. ozzie Says:

    the west covina courthouse.

  12. Jack Worthington Says:

    Ozzie, go with Marc’s recommendation. File motion demanding what factual evidence does the prosecuting attorney have that the constitution and laws apply to you just because you are physically in some geographical location. Factual evidence would be in the form of a sworn and subscribed affidavit of truth by that district attorney. Might even send similar motion to the judge. Best to discuss your problem with Marc.

  13. Joel Smith Says:

    I just purchased a template and the issue is the complaint. The affiiant is the deputy clerk of the court. She stated “she has good reasonTo believe and does believe based upon information contained in a citation prepared by Brennan self, officer hired in the city of box springs, Dallas County, Texas, who is known to me to be a credible person, and prepared said report that Joel Smith”. Basically saying I committed a speeding violation. Before you mail me my template I would like to scan a copy of this complaint and tell me what you think my best option is.

  14. ryan Says:

    Can you send me the template used please Marc?

  15. Marc Stevens Says:

    @ Ryan, it’s available under the store link.

  16. jim Says:

    How do you serve the officer your motion to dismiss? At the police station? And how do you verify reciept if he doesn’t sign it and claims he never got it?

  17. Marc Stevens Says:

    @ Jim you mail it to the police department regular mail. If he claims he didn’t get it he is still on the hook for the evidence.

3 Trackbacks For This Post

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