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Ticket Kicked Out in Indiana – Cop Blows Off Subpoena Twice

Posted on May 18th, 2012 by Marc Stevens

May has been pretty good so far, this is the second time traffic tickets have been kicked in less than two weeks.  I did a video about this attack by local predators back in March: More Evidence States are Fictions.   This was the expected conclusion.

The first time the cop failed to show up for the trial set for him, it was his complaint.  Despite this obvious lack of respect for the court’s “authority”, the judge re-set for another trial date.  (Had the defendant not shown up a warrant would have been issued.)   As I’ve said before, seventy-five percent of the time we file the motion to dismiss, the cop blows off the subpoena and wastes everyone’s time who are forced to show up.

At the second trial, the cop again fails to show and the ticket is kicked out.  While I have not called the court or the prosecutor to confirm if the cop was there for other trials, I think the fact he refused to comply with two subpoenas is very strong circumstantial evidence he wanted to avoid the issues raised.  They know there is no evidence of presence within the plaintiff or the laws of the plaintiff are applicable in any way.  Nor can they establish a valid cause of action.

When it comes to actually proving their allegations with facts, a majority of the time they refuse to come to court and be challenged.  When I call they just hang up.

Yes, I can hear it now: “Oh the cop just could not be bothered to go to court that day, there’s no evidence the motion has any merit.”   Yeah, check out the standing cross reference.  And keep this in mind, the prosecutor thought it was and so did the cop.  Remember, it was important enough for him to make the violent stop, write the ticket and file it into court.  If the motion had no merit, then why blow off a subpoena?  Cops think writing tickets is so important, they are willing to kill you to get you to stop and give you that ticket.

So the claim the cop just couldn’t be bothered is pretty lame.

              

6 Comments For This Post

  1. Jake Witmer Says:

    From one submitizen to another, Frankie, I think Indiana is FUBAR. I defended myself once there, and it was after I had read AILL, but before I had committed significant defenses to memory. Now, I was already a Harry Browne type libertarian prior to that, so I got it, and I had many similar arguments in my mind.

    The judge just found me guilty, without allowing any cross-examination, or any other aspect of legitimate law. They disallowed a jury trial. The judge –an uncaring and philosophically illiterate woman named Julie Cantrell– threw out all due process and every legitimate rule of law, and said “you can file an appeal.” (Filing fee for an appeal is $250 on a $150 traffic ticket. I was too broke to file, so I just got screwed.)

    Cantrell came up for re-election, and ballot access restrictions being what they are, I think she ran unopposed. She also had already muscled the taxpayers out of so much money that she could afford to buy votes from enough sheeple to regain her seat, even if she was opposed.

    This country is over, Marc. Stick a fork in it. It’s time for “Plan Q” (since we’re about to experience an inflationary crash, let’s call that the “little past half-way point”).

    In IN, the police state claims you don’t have a right to a jury trial, unlike in IL and WI. It’s interesting to note this.

  2. Randy Jones Says:

    Hey Marc,

    What’s your take on the Canadian system? It’s been a while since I’ve had a ticket but if I remember correctly it reads “IN THE NAME OF HER MAJESTY THE QUEEN YOU ARE THEREFORE COMMANDED TO APPEAR BEFORE A JUSTICE AT.” Unlike the US system which commands one to appear on authority of the state. The queen is the supposed head of state which throws another kink into the fraud. Man…whens your new book coming out?

    Cheers from Wetaskiwin,

  3. Marc Stevens Says:

    @ Randy, it works pretty much the same way in Canada. It is actually easier to show there is a conflict of interest as the judges have oaths to the crown,

  4. MickeyG Says:

    ELLIOTT CUNNINGHAM vs. State of Indiana, says you get a jury trial for a traffic violation in Indiana.

  5. Barry Says:

    Did you notice on the document that State appears as Stephen McGrady and the the document states that the State is represented by Mark McGrady, no wonder Mark was confused 🙂

  6. Packabowlla Says:

    Yo Marc I found this book in a thrift store, ABA 2008 Compendium of Professional Responsibility “Rules and Standards”. On page 21 under Scope #16 Compliance with the Rules,as with all law in an open society, depends primarily upon understanding and voluntary compliance, secondarily upon reinforcement by peer and public opinion and finally, when necessary,upon enforcement through disciplinary proceedings. It gets worse from there. Sould I make notes and now and again send them your way. If so how can I email you. Thanks Pro. Packabowlla —–

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