Ticket Kicked Out in California – Congrats Adam

Posted on September 6th, 2012 by Marc Stevens

Congratulations to Adam for standing up to the local tyrants in San Diego.  After being found guilty after a “trial by declaration”, I helped Adam with motions to dismiss when a new trial was ordered.  I think the “trial by declaration” is about as effective at getting a ticket thrown out as a guilty plea, total waste of time.

The motion to dismiss was based on the usual: lack of jurisdiction, no cause of action.  There are no facts proving the laws of the plaintiff state of California were applicable to Adam.  There were also no allegations Adam violated anyone’s legal rights, so there was no cause of action before the court.

I know despite what I think is evidence, a copy of the order is below, critics will marginalize or completely discount this, that it has no merit because it was traffic court.  There are those who think traffic courts, as far political (state) courts go, are not “real” courts.  So, if a traffic ticket is kicked out, it had nothing to do with what I presented, it’s not a “real” court.  Lose in traffic court though, and you deserved it.  Then it’s a “real” court.

Anyone who has ever been to a traffic court knows, real or not, those lawyers tend to have serious anger issues and no patience for questions.  In my experience, traffic courts are among the worst of the worst; only the tax court can rival them for criminality and gross corruption.

What cannot be disputed is the people doing business as the San Diego superior court did not get Adam’s money.  He stood up to them and they backed down.

And that has merit to me, whether it’s a real court or not.

              

23 Comments For This Post

  1. EuroTrader Says:

    Congratulations!

    What was the specific basis for the dismissal?

  2. Lyndon Says:

    Marc: I have posted in the past about this and I’ll repeat it. I absolutely second your statements that traffic courts are the worst of all courts to glean any justice from or to even get the simplest questions answered. I am not exaggerating in saying it can easily cost you $200 to $400 to get a $50 dollar ticket dismissed or withdrawn. And the personnel that staff these courts, like the clerks/prosecutors/justices/judges all seem to be trained to not answer ANY questions or even identify themselves. ANY victory (other than the witness failing to testify or pleading guilty and begging) is an accomplishment.

  3. timothy Says:

    Marc,
    that is odd that people would say traffic court is not like other courts. There full of criminals, they’re business is extortion, they use violence to intimidate. They will lock you up for not hurting anyone at all’ They have no evidence of jurisdiction, but they don’t care and proceed against you. If you ask simple valid questions your accosted…..hmmm perhap you could ask these people. “If it quacks like a duck what do you suppose it might be?”

  4. timothy Says:

    Before I hear it, yes I know the difference between there, their and they’re..unfortunately my fingers sometimes forget as you may have noticed..oops…lol …peace to all

  5. Incubus Says:

    I hope you’re properly licensed to address that spelling error! I will turn you over to the authorities if need be.

  6. indio007 Says:

    Whenever I think if traffic court I think of Charles the 1st

    “By what power am I called hither?” he asked. “I would know by what authority—I mean lawful authority. There are many unlawful authorities in the world—thieves and robbers by the highways.”

  7. NonE Says:

    Incubus Says:
    September 7th, 2012 at 9:43 pm

    I hope you’re properly licensed to address that spelling error! I will turn you over to the authorities if need be.
    —————————–

    Don’t worry, Incubus. the Very Spelling Nazi NonE has his eye on the situation and will take appropriate action should it be deemed necessary! 😉

    – the Very Spelling NazI

  8. Savoir Faire Says:

    Congratulations! I am trying to learn more about this process for getting my brother’s first traffic ticket dismissed. I helped him get two continuances but now the trial is scheduled for mid-October and I’m not sure he wants to play along anymore. He told me he has no intention of going to court to fight it and would rather pay the ticket online and be done with it. There is no hope that the cop won’t show up of his own accord because they will only schedule the hearings on the cop’s day off. The cop has about 10 other traffic hearings scheduled for the same day, but every time I check the other cases, more and more of them choose to pay and move on.

    I’m looking at the motion to dismiss/strike and wondering if this requires him to show up in court? Is there any way to use the discovery order I found on the court’s website to our advantage? If he could get a trial by phone, I could convince him to go through with that, probably. Thanks!

  9. Savoir Faire Says:

    I got the idea to keep requesting continuances from this site: http://noticket4me.blogspot.com/

    Do you think meeting with the officer or writing him before hand to grovel would be productive? For what it’s worth, I was in the car when my brother got the ticket and he did politely ask him to give him a warning instead of a ticket… no go.

  10. Incubus Says:

    You could also just castrate yourself and be done with it altogether.

  11. bruce sloane Says:

    You… Incubus

    crack me up .. 🙂

  12. NonE Says:

    Mega dittos! 🙂

    – NonE

  13. Lyndon Says:

    Incubus: you’ve always a bite to take out of someone ‘:)!

  14. Savoir Faire Says:

    lol ok that would be rather difficult, Incubus, given that I don’t have any balls 🙂 I’m guessing this isn’t the crowd that can help me with any ideas on this. Oh well.

  15. Incubus Says:

    You mean you’ve had boobies this entire time and you haven’t been using them?!

  16. Marc Stevens Says:

    @ savoir, meeting with the cop to ask him about the facts he relies on is a good idea. Ask him the facts he relies on to prove the code is applicable to you.

  17. Incubus Says:

    I’ll try being a little less useless though and offer my advice.

    First, maybe share a little more details about your experience. If not here, then there is a handy dandy forum set up for just that kind of thing.

    Second, I don’t know how familiar you are with Marc’s work/methods, so I would definitely say explore around and take a peak at the Wiki also. Again, the forum is a good place to look, as well as just calling into the show and speaking with Marc, or emailing him. marcstevens(at)marcstevens(dot)net .

    Case wise, you and your brother will want to study cause of action, or lack thereof, how Marc socraticly (is that even a word?) exposes and dismantles this, and also presence within the state. Two key issues.

    I hope that rambling is of some help to you.

  18. Savoir Faire Says:

    Thank you Incubus and Marc for your replies. I’ve been trying to absorb the information in the forums and wiki…I think there is a lot to learn. I will post more in the forums.

  19. Savoir Faire Says:

    I thought I would be able to post in the forums but my account is either not activated or suspended (?) according to the error page I get. Could you fix this, Marc? Thanks.

  20. Marc Stevens Says:

    @ savoir, I activated the account, there should be no problems now.

  21. Andy Says:

    Incubus, “socraticly (is that even a word?)”

    I know what you meant so in my “book” it’s a word. Words are used first to think/form thoughts. Second, to communicate. Even when that word is misspelled* — capital “S” and two “l”s — we (you and I) — understand the word is short for Socratic method.

    *misspelled according to: http://www.merriam-webster.com/dictionary/socratically?show=0&t=1348566991

  22. Charles wray Says:

    Mark, I like a lot of what you have to say, but I was wondering if u have any material specifically addressing property tax issues.pls let me know if you do. I already have your book adventures…..

    Charles

  23. Marc Stevens Says:

    @ Charles, property tax is no different than any other accusation. Someone you never met claims you owe them money because of some “code” What facts do they base it on though? Keep the burden on them regardless of the accusation.

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