Congrats to Mike in Houston, Texas for not backing down and getting a traffic ticket dismissed for a lack of evidence. And thanks for providing the documentary proof.
While this was a seat-belt charge, we make the same challenges, raise the same issues, we would in a felony possession or tax case. The foundation of every bureaucrat attack is the argument: if you’re physically in Texas (or where ever) then the constitution and laws of the “state” apply. So instead of giving them a pass and treat this argument as a sacred cow, we challenge the factual basis for the argument.
The cop did not show for over two hours and the prosecutor said the motion had no merit and the judge routinely denies such motions. Yes, judges routinely deny motions pointing out the prosecution has failed to present facts supporting their arguments the code applies, there is jurisdiction and a valid cause of action. They also routinely fail to provide the facts the prosecutor presented to support the arguments. We call that an arbitrary ruling, the courts call it a denial of due process and permitting prosecutorial misconduct.
After the cop did show up, he spoke with the prosecutor and left the court. The prosecutor moved to dismiss for a lack of evidence, but that had nothing to do with Mike’s motion to dismiss for a lack of evidence. The proof is below so you can make up your own mind.
Either way, the parasites didn’t get a dime from Mike. Good job. And if you think you have the evidence the prosecutor didn’t, please call into the No State Project and provide it.