Categorized | Articles, Success Stories, Video

Cop Drops Ticket After Getting Motion to Dismiss

Posted on May 9th, 2014 by Marc Stevens

Congrats to Lavar for standing up to the predators, not backing down and getting another bogus ticket dropped.  Lavar initially had a lawyer who said he could not represent him because of the contents of the motion to dismiss I provided him.  I’m guessing this lawyer thought it was a blasphemy to question the applicability of sacred writ, the “law”.  Funny enough, the lawyer refunded the money Lavar had given him.

So Lavar filed the motion on his own and mailed a copy to the cop.  In Lavar’s words:

“then came trial day and to my disadvantage the officer showed up today 5/5/14 then he dismissed the ticket without a second thought or look.  Then walks out [of] the court room like nothing happened.”

Looks like the cop got the motion and decided to speak to the judge, that he wanted it dismissed.  As you can see below, a judge did and the ticket was dismissed.


While we have to speculate exactly why the cop moved for dismissal, the circumstantial evidence is pretty strong it was because of the issues raised in the motion.  To claim it has nothing to do with the motion ignores the available evidence, and is more indicative of a personal bias than what happened.   The issues in the motion are the cop failed to provide any evidence proving the constitution and laws of the “state” applied, there was no valid cause of action and there was no jurisdiction.

Why show up at court at all, not showing up would have had the same end result.  Why show up at all and ask for a dismissal?  If the cop thought the ticket was garbage and “legalistic gibberish” without any merit, then why not spend the time helping the judge hand Lavar his butt and hit him with a nice fine?  Also, the judge could have rejected his motion to dismiss and ordered him to participate in the trial.  The judge had the motion, if the judge thought (as the critics of my work) the motion had no merit, then they could have denied it without explanation and put on one of their mock trials and extract some money.

They didn’t and it stands to reason, though I can’t prove this, that the cop and judge saw the obvious merit and decided to just let it go without a fight.  They certainly didn’t provide any evidence of jurisdiction, that we can prove.  If there was evidence proving the constitution and laws of the “state” applied to Lavar because he was physically in Florida, then they would have presented it, found him guilty and fined him.

Congrats to Lavar for standing up to the predators and providing me with the documentary proof the ticket was dismissed.  And extra kudos for still doing it after the attorney bailed on him.

And for the critics: if you know of facts proving the constitution and laws of a “state” apply to us just because we are physically in Florida (or where ever), then feel free to call into the No State Project and present it.



35 Comments For This Post

  1. Andy Says:

    Another possibility is that it may the judge was after the **_appearance_** of them being in control as though to leave Lavar with his MTD out of the picture — out of the decision loop, inconsequential/insignificant. The cop may have been told he must go to the courtroom at the time of the trial to speak with the judge. The judge may have merely told the cop he’s going to dismiss the ticket.

  2. Alicia Fleitas Says:

    Mr. Stevens: My son is out of the Country but he is a fan of yours and has sent me this site. I live in Miami, Florida. I have a case, I pleaded Not Guilty. The court date has not be set up yet but I would like to know if it is true that I can ask the judge to dismiss on two technicalities: There is no incident report and the policeman that prepared the citations did not fill in the box to show if the offense is a: Criminal Violation Court Appearance Required or Infraction Court Appearance or Infraction that does not require appearance in court. I am being accused of running a stop sign and failing to report. I had stopped waiting for traffic to clear up. There was a red light on the next block so the cars were stopped on one lane and also on the lane next to me so I saw the chance to slowly begin to enter when a young girl hit me on the front side of my vehicle. I asked her to exchange info because I had a sonogram and she said she was late for school, but she said she was calling her lawyer and her car was a total loss. My car had a very small scratch it cost me only #30.00 to repair it. I did not have my cell with me that day and I waited for her at least 20 minutes while she was on the phone. I gave her the name of my insurance and my name and I finally left. When I got home I called my insurance and I was told that she had reported the accident and not to worry because I had an excellent insurance coverage. Two months later I received a letter from the police telling me to come to the station and that I had to answer some questions regarding the accident. When I got to the station the police gave me two citations but did not ask me any questions. Now my insurance company tells me they have paid almost $4,000.00 in repairs on her car that she brought the car twice for additional repairs. The State Statute violations are 316.123(2)(A) and 316.065(1). I am a 72 year old lady and have very bad fecal incontinence, specially when I get upset plus my diabetes is emotional so I could not longer wait. When my insurance said that everything was taken care of and I knew that the girl was OK and I was OK I did not know that I was supposed to report to the police. Can you please give me some advice? If my case is dismissed I will make sure to call your radio station to share all the details

  3. Marc Stevens Says:

    @ Alicia, contact me by email marcstevens(at)mail(dot)com I start with a motion to dismiss for want of jurisdiction.

  4. Lamar Brown Says:

    I recently received three tickets in Goose Creek SC. What do I need to do to get these dismissed?

  5. Marc Stevens Says:

    @ Lamar, I start with a motion to dismiss for a lack of evidence proving jurisdiction.

  6. Lamar Brown Says:

    How do I do this? I have a template for and affidavit in a case I am already involved in for family court. Can I use this one? What do I say?

  7. NonE Says:

    Lamar, if you Google “how to file a motion” you will get a lot of hits. Also you can buy Marc’s motion in the store section of this site and you can search the Wiki for more information on the subject.

    – NonE

  8. Chris Says:

    @Marc Stevens- I’ll start off by saying I appreciate your work. Thank you..
    I’ve been awake for quite some time now. In 1997 I got a DUI out of California. I lost my license, and never even tried to get it back until now. I’m in a situation where I have to commute to work and have no other option. Since I haven’t had a license for several years, I’ve racked up some tickets for driving without a license in Hawaii. Hawaii has a state hold where I can’t get a DL in any state now until I pay all these back fines that went to collections. What do I do? Thanks in advance -Chris

  9. Marc Stevens Says:

    @ Chris, you may still have the option to file a petition to void the judgments for a lack of jurisdiction. Since it’s California, even if that window is still open, you’re in for a battle and that won’t help you in the short term because it could take years. Short term the only option may be paying under protest.

  10. Chris Says:

    @Marc Stevens-
    Thanks for the response. I hate to give these criminals money, but if it gets this resolved fast, that’s what I’m going to have to do. I feel like I’m giving in, but I’m tired of getting tickets and impounded lol… Thanks for the quick response.

  11. Thelawdoesntapplytojudgesorprosecuters Says:

    @chris, what’s ur email.. I can give you some basic info for free, that if you follow thru with it you will be Able to drive to work and not taken to jail even if you are pulled over.

    p.s. You can create a temporary email just google it if you don’t feel like putting a real email on here I don’t blame you.

  12. Ted Wacholtz Says:



    I’m on Maine and was stopped first back on 3/27/2012 and the cop wrote initially 2 tickets, one for NO LICENSE and NO CURRENT REGISTRATION and to USC (UNIFORM SUMMONS and COMPLAINT)were wrote up. Sometime after I left the SHERIFF DEPARTMENT OFFICE, a 3rd citation was written up for FAILURE TO STOP FOR OFFICER, which never happened at all. When this 3rd CITATION was written up, is unknown. Well there never was an initial court hearing for these 3 citations, as multiple medical issues happened…. The day after the write up, even though there was no reason I should have to contract with the STATE OF MAINE, the SERGEANT wrote on the TOW TRUCK FORM that DON’T RELEASE TOWED VAN until the ‘DEFENDANT’ shows a CURRENT DL and REGISTRATION…. Well, the next day 3/28/2012, both were procured. $85.00 was paid for the TOW….

    Now to continue. I ultimately suffered a HEART ATTACK on 6/28/2012 and taken to ER, where it was diagnosed. Then on 7/2/2012, I had 2 STENTS put in. Then on 9/15/2012, while recovering from the STENT SURGERY, I had an MRI done that showed that I had 2 RUPTURED DISCS in my BACK. The court was advised on all medical issues and even though there was NO CONTROVERSY since 3/28/2012, the case was not dismissed.

    Now to come to 8/6/2013 and not before no notice from the court had been sent stating any hearing was scheduled, so wife and I thought that the case had been resolved. Well, without knowing of a court date, there of course was a NO SHOW for the 3 charges from 3/27/2012. The judge issued a BENCH WARRANT for FAILURE TO APPEAR on 8/7/2013. Now since there is NOTHING sent to advise of this, there was no way to know….

    All this time traveling the same roads over and over, day in and day out and no stop by police. Then mysteriously, some 8 months after the BENCH WARRANT was issued, a SHERIFF deputy stopped me at just past MIDNIGHT on 4/6/2014 and stated I was under ARREST due to a BENCH WARRANT ISSUED on 8/6/13. Needless to say, I was dumbfounded. I was taken directly to TWO BRIDGES JAIL. Now just to help folks understand, I’m a 100% DISABLED VETERAN since 2000 and on total DISABILITY. The police in this area know that, for one reason because the LICENSE PLATES state that and 2ndly, a few of the cops have dealt with me and so it is known of such. ANYWAY, I have 2 medical conditions I suffer from (STIFF PERSON SYNDROME and CHRONIC MYOFASCIAL PAIN), which affect me nearly 24 hours a day. I get very little sleep .

    I was in SEVERE SPASM when I was stopped, as I was trying to get home, as my wife was suffering from PNEUMONIA since 3/23/2014 and was not doing very well, as I was carrying for her at home, nearly 24 hours a day. I use a CANE anytime I leave the house, due to my LEFT LEG. The ARRESTING SAGADAHOC COUNTY SHERIFF’s Dept. cared not about my health overall. I told him I was having spasms in my BACK but he made me cram myself in the back of his SQUAD CAR. There was no way to put my feet on the floor at all and just to get in the car, I strained my BACK more and to get out of the CAR, I strained my BACK even more and could barely walk but the cop cared not at all and said you need to walk into the outer room of the JAIL, where I told the cop I had to lie on the floor, due to SPASMS as I tried to sit but couldn’t. In the mean time, the COP wrote up the CITATION for FAILURE TO APPEAR and when done, and in so much pain, he told me to sign the CITATION and I was not really able to even sit up. So for failure to sign the CITATION, the COP wrote up another citation for guess what FAILURE TO SIGN CITATION, so for failure to CONTRACT, a separate and I couldn’t sign that. Now the cop wrote in the area where the arrested is to sign, the cop writes the following: ‘REFUSED TO SIGN’ both of the citations and there is NO DATE filled in on either citation. I asked for a WHEEL CHAIR as I couldn’t walk. Instead, the officer said you need to get up and I said I NEED A WHEEL CHAIR. There must have been nearly 15 minutes before one was brought out.

    Once inside the actual JAIL booking area, I was wheeled to the desk to be booked in. They asked me questions and I said I need to see a DOCTOR and that was refused. I stated many more time, while they asked me questions. DENIED. Well the stress of the suffering now SEVERE SPASMS, I was having CHEST PAIN now come on. I state I was having CHEST PAIN and the ONE EMPLOYEE said the FOLLOWING: “YOU AREN’T DYING”. My response was ARE YOU A DOCTOR? To that he said YOU ARE GETTING ANGRY. I then refused to answer any other questions at all but kept asking for a DOCTOR and it was denied, not just then but the entire time there. The fact that when someone says they are having CHEST PAINS and not knowing my history, and the fact my request was denied, is akin to CRUEL and UNUSUAL PUNISHMENT but then they care nothing about someone’s health.

    The night in cell, I called for help all night and no one came to help me. I had to use the TOILET 3 different times and could barely get off the COT, as I was having in EXTREME PAIN and SEVERE SPASMS in my LOW BACK, which this is one of my SERVICE CONNECTED RATED MEDICAL CONDITIONS.

    To take it further, I had one painful night in the HOLDING CELL and ignored ALL NIGHT. It seemed like I was in that cell for days but it was only for 7 hours. At about 9am a NURSE finally come to the cell but I was never provided any medication or help at all. She asked me questions but this I believe was only due to the fact that my wife had been contacted by the JAIL about BAILING ME OUT (The BAIL was $500.00, plus $60 for the BAIL BONDSMAN FEE). My wife and I are on a fixed resources and trying to come up with this BAIL was very hard. Not only that my wife also had to come up with an additional $85.00 to get the VAN out of the TOW company again…. Now all that the BAIL was for as nothing else was checked off concerning not getting behind the wheel, was to APPEAR at the 5/13/2014 ARRAIGNMENT. Then for the stop on 4/6/14,a date of 5/20/14, which included also the CHARGE for REFUSING to SIGN the CITATIONS, besides the FAILURE to APPEAR. There was still the fact that I had to be wheeled out of JAIL in a WHEEL CHAIR, as I still could not WALK. Remember now, my wife is in bed recovering from PNEUMONIA since 3/23 and was sick but again the people at the jail cared not at all or the EMPLOYEES of the JAIL, just abused me through out the night by FAILING to call someone in, especially since I had a HEART ATTACK in 2012….

    Well now let’s move to 4/18/14. I was on my way home, suffering with SPASMS. A SAGADAHOC COUNTY SHERIFF car went past me in the opposite direction. I have no concern. Well, I went about 1/2 mile and then from behind, lights from a COP car came on and I pulled off the road into a PRIVATE DRIVEWAY. The cop followed me there. To make it short and to the point, the officer asked me if I knew why I was stopped and I said I had no idea. He said that he noticed that the FRONT PLATE had NO number 14 decal on the FRONT PLATE… Needless to say, he wrote me up, after checking the PLATE that there was a NOTICE OF SUSPENSION for NO LICENSE, so he writes up a CITATION for OAS (OPERATING after SUSPENSION). Well, I had no idea, remember that the BAIL BOND had no such mention of such, just to appear. The officer said to call my wife or someone to come get me, as if I left and he came back, he would issue an immediate APB out. Well, so I called my wife and explained what happened and she was stunned, as she was also not advised by the BAILBONDSMAN that there was any restriction and the cop on 4/6 never stated anything either. Well as I’m waiting for my wife, who was in the process of calling the COURT and this was a FRIDAY, the SHERIFF deputy comes back and said YOU DIDN’T TELL ME YOU WERE OUT ON BOND. Well, I didn’t think again about that, as all I knew was the bond was to insure appearing on 5/13/14. Well now he write me up for VIOLATING TERMS OF RELEASE. My wife spoke to officer and told him there was nothing checked off on the BAIL BOND COPY she was given and the officer told her they always check off boxes but none were. I had to be taken by my wife to the COURT HOUSE and take in the letter she wrote. The judge issued 3 CONDITIONAL REINSTATEMENT for all 3 of the 1st stop on 3/27/12 and this meant now that I had to come up or my wife with $150.00 to pay ($50.00 per charge) to get just the LICENSE reissued or should I say EXTORTION….

    Now lets move to 5/12/14. I’m taken by ambulance to the Hospital with SEVERE VERTIGO. I’m admitted and kept until discharge on 5/14, Well, I fill out two MOTIONS and take to the court and the judge dismissed the BENCH WARRANT he issued for FAILURE TO APPEAR on 5/13, and REVOKING the 3 CONDITIONAL REINSTATEMENT. I had sent a letter directly to the judge on 5/6/2014, asking the judge, due to medical issues to please move all dates to a later time, to allow time for the medical issues to be dealt with. On 5/9/14, I guess the judge denied the request but don’t know, as all that was sent back was the words DENIED and dates to continue as scheduled and just a date of 5/9 and just INITIALS. No actual form of DENIAL or the reason for the DENIAL….

    Now we go to 5/20/14 and I had to go to the ER at the VA Hospital due to SEVERE BACK SPASMS and a LOT OF PAIN. I missed the date. I called the court and told the clerk I was trying to get to the court but was having sharp shooting pains, to go with the SPASMS. I called the court again when I arrived the hospital and could not even get out of the VAN and had to have 2 ER nurses come out to get me out and into a WHEEL CHAIR. I told the clerk I arrive the hospital and the clerk said “WHAT DO YOU WANT ME TO DO”. I said could you please record I called and give to the judge…. I spent nearly 4 hours in the ER and was provide a SHOT to help with the pain and spasms and then was issued some MEDS TO TAKE HOME….

    The next day, 2 more MOTIONS were taken into the court (5/14). I could barely walk, due to the PAIN and SPASMS and should stay in bed for a couple of days but knowing what the JUDGE did on 5/14, I already knew what was going to happen. So when I took in the 2 MOTIONS plus a 3rd MOTION for CONTINUANCE on 5/21 to the court. The judge set the date for June 3rd to allow time for healing. But now he did VACATE the BENCH WARRANT again but instead of DISMISSING the 3 NOTICE OF SUSPENSION again, he keeps it in place and adds 2 more (from the 5/20 ARRAIGNMENT DATE), even though proper medical documentation was provided, so I now consider this ABUSE of any kind of JUDICIAL DISCRETION and JUDICIAL ABUSE. Now to get the LICENSE Reinstated, now I’m to pay a $250.00 EXTORTION, which has not been paid, as we don’t have funds to do that….

    Now move to 6/3/14. I woke up with SHARP SHOOTING PAIN in the left side of my neck and then 2 minutes later (this is now 2:20am on 6/3 I’m now hit with SHARP STABBING pain in the RIGHT SIDE of my NECK. Immediately my Right TRAPEZIUS muscle started to SPASM and my head start pulling immediately toward my Right Shoulder and this happens IMMEDIATELY and RAPIDLY… This is also one of my it many SERVICE CONNECTED medical conditions. Within 5 minutes my head is completely on my shoulder and I can’t get it off and I’m in a lot of pain. I try taking some meds to help but nothing helps. Ultimately I can not take it any longer. I call 911 and by now it is about 3:45am. I’m taken by ambulance to the hospital and while in route, an IV is inserted and a SHOT of FENTINOL (Like MORPHINE) to help me with the PAIN. I’m ultimately kept there in the ER until about 10:45am. I have to call my wife to come get me. She arrives at about 11:45am to take me home. I’m droggie from the meds given by IV in the ER. Well, I called the court and said I didn’t feel very capable to come to the court but when I got home just didn’t feel, even though I had again another legitimate medical excuse. My wife helped me in the car to take me to the court. We got about 1 mile from the house and I had to have my wife pull off the road as I got very nausea and had to throw up. That is what happened. I got back in the car and told her to take me home as there was no way I could travel. She dropped me off at the house and then traveled to the court to bring in the MEDICAL Hospital Discharge Summary. There was no way to do an Affidavit to accompany. The clerk made a copy and took it to the judge. This was about 2:45 or so when she got to court. The clerk said for her to call back at about 3:55 for a decision from the judge. My wife called back and the judge sent the date for 6/10 but again never vacated the NOTICE Of SUSPENSION again he issued. This I again feel the judge abused his judicial discretion, and ABUSED me again….

    This is the short version of things.

    One last thing to consider…
    1) On 3/27/2012 when I was stopped, in the BACK REAR WINDOW of the VAN in LARGE 4″ LETTERS the following was displayed, which the office could not have missed, even coming up behind the Van.


    Now also in the PLATE area was a SIGN with the words PRIVATE, no PLATES, either front or back. Now what gave the officer any decision to stop me with the sign on the back window or what PROBABLE CAUSE was there that I had committed any CRIME.

    I have had plates on since the 3/27/12 stop, so I would be left alone. Well on the back WINDOW of the VAN, I have had those 4 WORDS there, which each COP could see.

    So I’ve been written up for 7 STATUTE VIOLATIONS of the MAINE MOTOR VEHICLE CODE of MAINE TITLE 29A and here is the LINK….

    I have the hearing rescheduled for 6/10 this Tuesday. Any help would be appreciated…. I can be reached on my cell phone at 207-315-5149

    By the way, I have the 11 page COURT SCRIPT and have been looking at what you posted back on 12/24/2011 and watching some of the video….

    I have submitted recently on 5/23/14 a KIND of DEMUR, called a ‘FOREIGN PLEA in ABATEMENT, in part challenging SUBJECT MATTER JURISDICTION. Would a MOTION to dismiss be appropriate also before the hearing, which has to be heard first due to the ABATEMENT submitted, as they can’t hold an arraignment as long as JURISDICTION has been challenged.

    Thank you. I know this is long but would like to know how I can further proceed for 6/10. The cases are all being heard on 6/10 at 1pm but unless they can prove SUBJECT MATTER JURISDICTION, the court can not proceed. I can send you by e-mail, the FOREIGN PLEA in ABATEMENT, which was provided to me by Paul Hansen. I have also filled out and had NOTARIZED on 6/6 an AFFIDAVIT of SOVEREIGN AUTHORITY with HEAVENLY GRANT that I would like to take over to the court on Monday, 6/9 and get it filed, so it can be entered into evidence.

    I know in the one video that you mention to ask them WHAT EVIDENCE DO YOU HAVE that the CONSTITUTION and STATUTES apply to me. Anything else I should ask the DA, beside a number of questions on your COURT SCRIPT….


    Ted Wacholtz
    Boothbay, Maine

  13. Marc Stevens Says:

    @ Ted this is more appropriate for the forum. Copy and paste into a new thread there.

  14. Kenn Says:

    I received 3 citations one for speeding, obstruction of License Plate and failure to show financial responsibility. I initially signed the tickets I DO NOT CONSENT TO CONTRACT WITH YOU, I DO NOT AGREE TO THESE PROCEEDINGS, signed it with my natural name, AR and wrote Reserve all rights without prejudice UCC 1-308
    The court sent a letter with the following comments:

    I then sent in a Pleading that I got off of Creo Harmony identical to the one on her YouTube video
    Motion to Dismiss with Prejudice, (for lack of Jurisdiction) with an Affidavit, etc… you can see the short video or I have copies of what was sent. Note that I did let them know that I am the Executor of the Estate of the all caps name bla bla bla etc….

    Court sent another letter basically the same:

    I understand that there is no way that there can be valid complaint against me. I did mention that I believe but it was ignored as was the other things.
    My court date is in August coming up. The last two alternate plans are go to court face my accuser and ask the two important questions;
    Do you have a valid complaint against me?
    What are the components that make up a valid complaint?
    In theory the opposing attorneys for the officer would stand up and object, My move would be to motion for dismissal due to an incompetent witness.
    If that fails, I can plead guilty and wave my benefit privilege
    offer to set off the account for payment and closure? this I have heard of but do not know what paperwork would be provided or if I need to provide it. Or do they offer it to complete?


  15. Incubus Says:

    Kenn, why is your last resort to use the most logical approach of them all, which is questioning the evidence? Maybe start with that and if that doesn’t work, then try all the silly voodoo you want.

  16. kenn Says:

    Incabus…ha ha thats a great question and statement. The answer is I didnt know about the most logical answer until after I had done tge other steps. Do you think its possible to send my questions in the mail rather than appear in person? The ironic thing here is that even though the court replied as if it was contract law, they stated,implied that it wasnt

  17. LAVAR Says:

    LOL thanks for making fun of my photo shop job i can provide the case number at any time as a matter of fact it is 14007025TI30A thanks again

  18. Freedom Says:

    I’m in need of your motion to dismiss. Late A.M is an obvious attempt in stealing my hard earn money. Please send me an email. I sent you an email from another account.


  19. curtis parker Says:

    Hi marc,
    I been stopped a number of times and when I have been stopped my license was suspended and this time they said it was revoked. Now I’m looking at possible jail time. I would like to know if there is anyway to get a motion to dismiss. You can contact me at thanks in advance

  20. Marc Stevens Says:

    @ curtis, you can get it under the store link on the website

  21. mark Says:

    Likely why is;
    if the cop bets/bids on his own ticket to prosecute, he won’t want to set a precedent case if he looses on that point, as no facts in evidence,[Especially if a rebutted presumption is timely done] assumptions can’t prove facts not in existence, a negative can’ be proved.

  22. Evey Says:

    Marc, I got a citation 316.123(2)A-failure to yield right of way in Broward county FL. I did STOP at the sign, looked both ways there was one car passing thru from right side, I didn’t see any movement from my left. I started to cross the intersection after the car on right was clear. While crossing, I took a quick glance at my left again and there was a car speeding towards me. I froze on the spot and we crashed, I don’t think he even pressed the brakes. The driver and passenger left to the hospital and I was issued a citation. I told the officer that I did stop and that he should get a citation for speeding. She told me I could fight it in court. I plead not guilty, I understand that the officer can’t serve as a witness because he wasn’t there. The my niece and the driver were subpoenaed to testify on BEHALF of the State. What can I expect at trial? If the Officer doesn’t show, or if he does how can I word that I want a motion for dismissal because he did not Witness. If the other driver shows it will be his word against my passenger and mines. Sorry for the lengthy reply. Any advice would be appreciated!

  23. Marc Stevens Says:

    @ evey, I always challenge jurisdiction, never get into the merits until that is proven. Nothing is relevant unless there is jurisdiction. I would file a motion to quash the subpoenas.

  24. Mike g Says:

    hey Mark I need help on how to drive my personal vehicle without drivers license proof of insurance and license plate.

  25. Marc Stevens Says:

    @ Mike, you can email or check out the store link for templates and scrips

  26. Mike Says:


    Got a ticket for speeding on I95 in Florida just north of West Palm Beach.
    FL state trooper.

    Can I send my MTD with this language prior to the hearing by email/mail? (The issues in the motion are the cop failed to provide any evidence proving the constitution and laws of the “state” applied, there was no valid cause of action and there was no jurisdiction)

    Or should I bring it into court and officially make claim to a MTD right then and there?


  27. Marc Stevens Says:

    @ Mike, You’ll need to mail it before the hearing if you can, they have at least one less excuse to not hear it.

  28. Mike Says:

    Thanks Marc, I got a continuance on the hearing. I will file the MTD this week.
    I’ll keep you in the loop.

  29. Mike Says:

    Does anything change with regards to handling a speeding ticket when its simply a
    hearing officer/magistrate and police officer with NO prosecutor?

    This is a small county court where I imagine the hearing officer is another attorney in practice locally

  30. i.n.rem Says:

    the Cop claims to represent the ” People” ..??
    he is licensed as an Attorney ..??
    I could go on for quite a while
    suffice to say, the cop is simply a Witness, no more

  31. Marc Stevens Says:

    @ in.rem, cops and other bureaucrats have a legal exemption to the unauthorized practice of law statutes/rules

  32. i.n.rem Says:

    Sorry, Marc
    not in New York they don’t
    I have plenty of back up in the Judiciary Law, not to mention many AiLL
    the Deputy is a witness, may not practice Law, can not represent the People
    Witnesses for the prosecution are not parties, and the action is not brought in their interests as individuals or on their behalf

    lexis this Case:
    People v. Municipal Court (1972) 27 Cal.App.3d 193 [103 Cal.Rptr. 645]
    Fremont Indemnity Co. v. Workers’ Comp. Appeals Bd. (1984) 153 Cal.App.3d 965, 974 [200 Cal.Rptr. 762].

    the nonappearance of the district attorney to conduct and prosecute the case can place the court in the position of advocating, or appearing to advocate, for the prosecution


    Section 100.2 A judge shall avoid impropriety and the appearance of impropriety in all of the judge’s activities.

    (A) A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

    Section 100.3 A judge shall perform the duties of judicial office impartially and diligently. (A) Judicial Duties in General. The judicial duties of a judge take precedence over all the judge’s other activities. The judge’s judicial duties include all the duties of the judge’s office prescribed by law. In the performance of these duties, the following standards apply

    I can continue ………..

  33. i.n.rem Says:

    I should mention that as of 2013, UPL is a Felony in New York, prosecuted as such by the people, not the BAR

  34. Dean Says:

    In the case of a recent failure to appear can one still challenge jurisdiction? If hypothetically a person has signed the ticket which was issued and did not make it to the court at the scheduled date for the initial hearing even though there was an intent to challenge the case and plead not guilty at this point is it to late?
    I know in California it goes right to the collections and there’s is not good chance to see a judge at that point.

  35. Corey Sims Says:

    I’m in da process of writing a motion to manatee county and Sarasota county Florida dealing wit DL susp and revoked and I’ve got ticktock in collections I’m tryna get dismissed Im not bound to any state to poss a DL. I can’t get a job due to being pulled ova by police officers who stereo type and racial profiling me drugs in car due to false emergencies and kidnapped by office false arrest I just want my DL.back so I can get cdl to make a living please help me I’m broke and need a fresh life and start please sir

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