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.