Categorized | Articles, Success Stories, Video

Ticket Dismissed for Lack of Evidence – Congrats Mike

Posted on October 15th, 2014 by Marc Stevens

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.

mike-dismissal

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.

              

25 Comments For This Post

  1. bruce sloane Says:

    where is the e-book of gov’t indicted ..??
    I’ll keep asking ..

  2. Andy Says:

    Good point, Marc. The court cheerleaders say traffic court is not a real court. If they’re not real they must be fake courts — fraudulent courts. The court cheerleaders don’t denounce the fake/fraud courts.

  3. marc stevens Says:

    @ Bruce, I’m working on the ebook, it’ll be available soon. Now everyone is going to jump all over my writing “soon”.

  4. Boxer Says:

    yeah, Marc. Where is the eBook and when is the NEXT book coming out? I can’t get enough of this stuff.

  5. Andy Says:

    Marc wrote: Now everyone is going to jump all over my writing “soon”._____________

    Define soon. 😉

  6. jason Says:

    So i have a ticket for a wrong turn but i failed to appear on the ticket in california…. usually i sent a letter and buy more time before i decide my next move. Now i have a court date set to deal with this matter and they will try to get me to enter a plea and when i stand up for myself in public the judge goes crazy and threatens contempt. Is it possible i can file a motion and deal with this behind close door so at least if they bring it up in court they have an understanding of where i am coming from instead and would like to file a motion to dismiss what would you recommend i do? thank you

  7. Boxer Says:

    Where are you located, Jason?

  8. jason Says:

    @boxer —In los angeles california

  9. Boxer Says:

    @Jason

    Had you been in Northern California, I would have been happy to assist as a media rep. Good luck to you.

  10. AnonymousCoward Says:

    one time i went to the store after school there was a lot of trash in the parking lot because of the wind from the night before so i went through some of the trash but it was all pretty gross so i went into the store and bought a bunch of candy then i went to the big field across the street and found a bunch of boards to sit on while i ate my candy i looked under the boards and found some holes and trenches under there it was like someone was hiding the holes but the boards had piles of dirt on them probably because of the wind whoever put the dirt over the boards didnt expect the wind to show the boards there was nothing in the holes so i left i went towards the big metal drums in the middle of the field the drums were all empty so i tipped one of them and rolled it over to the boards and into one of the holes then i left the store was still open so i bought some more candy then i walked over to the billboard that is really low to the ground and i ripped off some of the top layer there wasnt very many layers it was getting dark so i started walking home they just painted some of the lines on the street so i went over to see if the paint was still went but it wasnt there were also new reflectors with red on one side and white on the other. my head hurts.

  11. NonEntity Says:

    &e, “soon” is like “citizen,” it’s a word with magical qualities! 😉

  12. eye2i Says:

    “soon” ?? Didn’t i hear “by the end of the year” before, too?! 😉 (let’s hope for a repeat!)

  13. Susan Says:

    Congrats to beating Houston, City of.

    Hypothetical question. What if you asked Houston/prosecutor to prove with written evidence that they are actually an IRS approved not for profit corporation and they also could not provide either an EIN or W-9 or form 1023/1024 or IRS status determination letter?

    Would that mean it was a double imaginary fictional entity or just a fraudulent fictional entity?

    Being that you are already questioning the applicability, why not question their actual status. Just because they claim to be a “city” does not make it true. That is a major presumption. Why not make them prove it with evidence. You are assuming that Houston is a city here.

  14. Habenae Est Dominatus Says:

    Define City?????

  15. Susan Says:

    What if the articles of incorporation for any city which is trying to convict you is not actually legally formed? I.e. they never got a letter of determination of non-profit status from the IRS for their muni corporation.

    That presumption of the City’s legality, even under their rules could be wrong and would make them all usurpers, imposters, fraudsters, even if the Judge ignores that the laws don’t apply, he/she is acting in fraud since he/she can’t prove (probably) that the city they claim to work for even exists as a legal entity without that IRS corporate determination. Possibly.

    No papers, no city, no police powers, no tax powers, no eminent domain powers, just another fraudulent corporation with some dudes running around with guns. In my state WA, its illegal for a corporation to have its own armed army.
    Just curious.

  16. Pete Says:

    @Susan: My guess is that if you challenged the “City’s legality,” the judge would basically ignore you or threaten you with contempt for raising a “frivolous argument,” etc. Even if there was rock-solid evidence that the “City” was not “legally” incorporated years ago, they could never admit it now because it would expose a lot of their cronies to liability and trouble. Sort of like the people who assert that the 16th amendment was never “legally” ratified because not enough “states” signed on. The Aarron Russo film, “Freedom to Fascism” very clearly demonstrates the “government’s” brutal, thuggish responses to the peaceful, legal challenges of the “citizens.”

  17. Jake han Says:

    Look, if the cop doesn’t show, and you argued the “constitution doesn’t apply to me”, then how can we really say it was the argument that was effective?

    Basic science. control groups.

    You would have gotten it dismissed even if you didn’t use the jurisdiction argument if the cop didn’t show.

    so please be more rigorous, or intellectually honest about attributing the causes to the advice.

    I know you understand my point well, so I won’t go into an example that might insult your intelligence or belabor the point.

  18. ozzie Says:

    need help with ticket in cali.

  19. Enrique Says:

    I love to read all these triumphs but what about counter suites? I feel good after winning a court appearance, at the same time I feel as I have been harmed and they get away with my loss of time, my stress, my energy, ect…. what comes next?

  20. mitch Says:

    so I live in show low.i got a dui on 7-14-2013.iv bean fighting it senc then.got a loyer for the first trial,it was a hung jury.the second trial I did myself and lost,found guilty.i appealed,lost the appeal,and thay say that , that’s it.can I go over havajo county’s head or no?if I can how do I?

  21. mitch Says:

    jack they ignore it completely.the judg and the the prosecutor are working for the cop.thay wont lisen

  22. Ivan Says:

    Greeting Marc I ak in Northern California n just got a ticket by chp. No License, no insurance n no tags. About 8 months ago I sent the local police notice of understanding n intent of claim. I gave the officer who stop my affidavit of right to travel n judicial notice should he wanted to contract. He gave me a ticket any way n fabricated evidence on the charges. What do u suggest I do; send a motion to dismiss when I get the invitation or counter sue the officer. After he gave the ticket I told him it would be sign under protest n duress. Before he left the scene he told me not to drive n I told him I was not driving but traveling. After that I deided to head back home on the opposite direction n a few minutes after he got to me n decided to arrest me. I was boke for a few hrs n then release. From the begining I stated that I did not waive any of my right n that I did not consent to nothing. They were told to return everything back to me. After being released I notice they stolen part of money. I sent the director a letter to investigate n to get me my money back. Please let me know what I think;
    Ivaliz643@yahoo.com

  23. Marc Stevens Says:

    @ Ivan challenge jurisdiction of course. What evidence did the cop fabricate?

  24. Boxer Says:

    @Ivan

    Whereabouts in Nor Cal are you?

  25. my blog Says:

    Love the site– very individual friendly and whole lots to see!

3 Trackbacks For This Post

  1. NSP - Oct 18, 2014 - [UPDATE: FULL PODCAST] - MarcStevens.net Says:

    […] Documentary evidence of Mike’s ticket kicked from court on grounds of lack of evidence. […]

  2. NSP - Aug 8, 2015 - MarcStevens.net Says:

    […] from TX: after a successful use of the motion to dismiss, the same level of “success” was not achieved in a recent speeding ticket case <> […]

  3. Prosecution Dismisses Another Bogus Ticket in Texas - MarcStevens.net Says:

    […] prosecutor has filed to dismiss a bogus charge, this is from Texas.  MJ, whose husband Mike also prevailed a year ago, challenged jurisdiction and on appeal the prosecutor filed a motion to dismiss.  The […]

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