Ticket Kicked Out in Tempe

Posted on January 6th, 2012 by Marc Stevens

The results for the first NSP Traffic Study ticket are in: Ticket kicked out.  As I’ve mentioned before, seventy-five percent of the time my motion to dismiss for a lack of a cause of action is filed, the cops don’t show up.   That’s what happened 5 January 2012.  Or so it seems.

This parking ticket, as any other bureaucrat attack,  does  not allege a cause of action; there are no allegations of injury and damage.  As the PR in Arizona   is the governments are created the “protect and maintain individual rights”, the jurisdiction of the courts is limited to the same thing.   A cause of action requires the violation of a legal right.  This is what the PR tells us and governments’ first line of defense when you file against them in court.

It was described by the people at the Tempe, Arizona court, as a civil proceeding.  I filed a motion for a more definite statement and it was ignored of course.   None of them wanted to tell me if this civil action was a contract dispute or tort.  Criminals always have a problem with silly things like answering questions to clarify what they’re talking about.

I went to court and wanted the cop to show so I could confront the judge and cop about their many fictions i.e., state, law etc.   It was obvious the cop, Jamie Draeger, was not going to show though.

It was cool, though short notice, three friends showed up to support as media reps.   We each informed the court workers we were from the media doing a series of shows on judicial misconduct.  I gave my card to the clerks and told them I was a radio show host and wanted the judge to know I was there as part of  a study.

I think that’s why the judge looked relieved the cop was not there; he quickly dismissed the ticket and started to leave.  I told him I’m glad the ticket was thrown out,  I had a few questions though.  He said he was not going to answer any questions, it was moot as the ticket was dismissed.

I reminded him that he forced me to be there, that if the cop showed, we’d be engaged in a trial, so the least he could do was answer a few questions.

He sat back down and I figured I better not hit him with a difficult question right away, so I asked if the dismissal was with prejudice.  He said it basically was with prejudice.

When I asked about my motion to dismiss that was denied without explanation, he refused, stood up and walked out.  I would have been more aggressive, but he was using a walker.

I did get a record from the clerk proving the ticket was dismissed.  You’ll notice there appears to be a discrepancy  as to why it was thrown out.  On the last page, it has “DISMISSED OFFICER FTA”.  But on the first page, it has: “DISMISSED ON REQUEST OF OFFICER”.  Click on the thumbnails for larger views:

 

 

 

 

 

Why would the cop request the ticket to be thrown out?  I asked the judge and he said he knew as much as I did about the cop not being there.  I went to the police department (they are in the same building as the court) and the cop was at another unit a few miles away.  I didn’t have time to go and will follow up and ask why she didn’t show up and if there is any truth to the ticket being dismissed on her request.

I can only speculate at this point though.  You can argue maybe it was her day off; that is typical and they are getting paid overtime even if I was the only one she had to appear for.  What if it was not her day off?  The clerk confirmed there was a notice to appear issued to her; why the disrespect for the judge’s order?

But why blow off a court appearance when the motion was already denied?  Talk about it being a sure thing, the judge is clearly on the cop’s side as the motion was denied without explanation.  I don’t understand why, when I’m so stupid and mixed up on legal issues, why the cop would not show up.

I am disappointed I did not get to confront them on their fictions.  I’m not doing this to prove I can get tickets kicked out and  help others with damage control; there’s already plenty evidence of that.  I want more evidence the decision we’re guilty is made in advance, the facts must conform to their opinions and traffic courts are scams run by criminals in black robes.

But, to anyone who has been in traffic court can attest that’s already self-evident truth.

              

40 Comments For This Post

  1. Keith Baber Says:

    Yo’s Good Job. well done. If you get enough of this stuff throun out, I’ll bet the cops start pulling you over on every bs failer to be whatever thier is. Drive Safe. Good luck Steve

  2. Dionysus Says:

    Excelsior!

  3. fake ear Says:

    Nice work, Marc.

  4. Norm N. Says:

    Marc-
    I love it! As you know, I’ve got one of my own coming up! While I can’t think on my feet, as fast as you… you simplify it so that I feel comfortable gettin’ my feet wet with a relatively easy one. We’ve already tackled bigger ones, haven’t we!

  5. dan ernst Says:

    I like the plaque you guys are standing by POLICE – COURTS COMPLEX with the key word being complex.

  6. Mary Says:

    Mark , congratulations on your winning in court again , I know this happens everyday , because no one is willing to learn what the criminals are doing to us .

    I hope that more people will listening to your radio show and take the time to learn and practice with their own tickets .

    I live in California ,and need to be in court on January the nine on a camara ticket going for a trial and honestly kind of nervious .

    I am thinking to ask the jusge for the second picture that I know they have a copy, and that if they can tell me who own the land that I was driving . I will pay to the owner of that land, if they can come out with a name , but I doubt that they will give me a name . to my knowledge the land where we are are own by our creator.
    what would you answer a camera trial ?

    Regards
    peace and happiness
    Minna

  7. Marc Stevens Says:

    Challenge on no cause of action, if they ignore it, then cross-examine their witness and get them declared incompetent,they do it every time. Call the show about it tomorrow.

  8. Lyndon Says:

    Like we say “the writing is on the wall”. In the picture above the police and courts conflate showing visibly, what we all already know intrinsically, that the police and courts operate in a conflict of interest. The courts and the police both get their revenue from the municipality/province/state that they seek to collect revenue for, and both the courts and the police get a commission for collecting “fines” from the people that are forced by threat of harm to give the municipality/province/state sustaining revenue in the name of “taxes”. Where is the voluntary in this system?

  9. bruce sloane Says:

    @ mary

    where is the State’s competent fact witness ..???

  10. john Says:

    Great news. one step further. ill be attempting to get my traffic ticket dismissed Jan. 19th.

  11. Marc Stevens Says:

    Post info on the forum and maybe we can have a media rep help out.

  12. Troy Collins Says:

    I was pulled over by an officer on 12/31/11 that I had filed a complaint on for violating my rights in ARS 13-2412 back in August 2011. He pulled me over because he recognized me, he told me this. I received a ticket for driving while license suspended. Had my first court appearance today over the DWLS ticket and when the judge asked me to plea I told her I intended to enter a guilty plea but before I did that, I had just a couple of questions because I dont understand everything. Asked if I had a right to fair trial and she said yes. I asked if I also had a right to a meaningful trial, where things could be explained to me if I didnt understant. She said “I’m going to enter your plea of not guilty, please wait in the hall” How do I file a motion to dismiss?

  13. Marc Stevens Says:

    you’re a musician in Mesa? Looks like you may have bought yourself some trouble from that cop. Email about this.

  14. Troy Collins Says:

    my apologies, i cant locate your email address, and how did you know i was a musician?!

  15. Troy Collins Says:

    joined, waiting admin approval

  16. Marc Stevens Says:

    @ troy when I reply to comments when logged into the website, there are avatars, looks like you’re playing a bass guitar. Your account is activated and email is marcstevens (at) mail (dot) com

  17. William Ball Says:

    Hey Marc I got a photo radar ticket in the speed trap known as Star Valley arizona. Whats the best way to fight one of these. Its for speeding. What a joke. I was the only one on the road at the time. 4.53 in the morning. They dont even have a police department.

  18. Marc Stevens Says:

    motion to dismiss for no cause of action, I have a template available in the store

  19. Mark Says:

    I also received a camera ticket in the mail for running a red light. It was actually yellow, turning red, but whatever. Anyway, I got a failure to pay notice and increased price. No court date, just threats of a civil proceeding. I have the templates package, do I send one of those?

  20. Marc Stevens Says:

    Yes the motion template covers that.

  21. William Ball Says:

    So hey Marc I went to my court date yesterday. It was fun in a strange sort of way. It was nice to understand all that was going on in the court during my proceeding. The Judge even got a little angry with me at times and that was pretty cool. I was allowed to record the proceedings. So they had one officers signature in the box and a different officer testified. What a sham!SCAM! I demanded to face my accuser and the judge said hear say was ok in a civil court proceding. I asked the judge some questions about the constitutionality of thes proceedings and she got real upset. When it was my turn to question the plaintiffs witness I asked if he had filed a valid cause of action and he said no. I asked the judge to throw out the ticket based on cause of action and that my accuser wasnt even there. So after it was all over,the judge said she would mail me her verdict. I have a feeling because there were others waiting in the court that she didint want to throw it out then because every one else in there would try and do the same thing I did. Even if she says I am guilty I will appeal it because its almost to fun. When I appeal could I get some pointers on what I should do next. Thanks for your advice it was so helpful. Bill

  22. TakeAswing Says:

    Well, after reviewing the ideas here, I went in to try out this method of dealing with a parking ticket yesterday. There was just the one lady who was some kind of temp hearing officer in a small room. The hearing notice indicated that the ticket-issuing officer would not be present.

    In summary:
    (this was said in more words, so would have been nice if it was actually this clean…she made a recording that she said I could later access; she denied my request to make my own recording by saying she has not control over that)
    When I asked “Did you file a valid cause of action against me?” she said, “since this is an infraction, it does not require a valid cause of action as in a civil or criminal case”. So not knowing where to go with this unexpected response, I said, “how could we be here without a valid cause of action?” To which she said, “well the evidence and circumstances present their own valid cause of action.” So I said, “based on there not being a clear valid cause of action & that my accuser is not present, I move that we dismiss this case.”

    We went back and forth over this a couple of times and if I knew the NSP methods better I may have known how to pin it. However, I did not know where to go with this, so simply reiterated the facts of my parking argument and we parted ways. I expect she will not dismiss the case. Will know in a week or so.

  23. Marc Stevens Says:

    @ takeAswing Did this happen in California? Evidence and circumstances can now act like lawyers in California?

    Can’t make this stuff up 😀

  24. TakeAswing Says:

    Yes, CA. Santa Monica, in fact.

  25. richard byfield Says:

    i did get a speeding ticket and i did went through the process of defending myself with the three questions but never got to the 3rd because he told me no he’s not answering that question which i inform him i did not need a lawyer,or appeal and tell me to submit this form and basically told me next. before that i mailed the ticket in and they forge me ticket saying i plead guilty which i did not. i call the clerk and she said that she would be more than happy to to change it. 4 months now 4-24-2012 and my lic is suspended. what advice can you give me.

  26. bruce sloane Says:

    the Court Clerk is responsible for the Record
    File a Criminal Complaint that someone has committed Fraud upon the Court

  27. richard byfield Says:

    i was a little piss not noticing it was a suspension notice date,from dmv. does anyone have a sample letter i can send to the court? i did not book mark it when i first join last year.

  28. surfer349 Says:

    Hey,

    I’m in Chandler AZ and have had some success fighting traffic and parking tickets in both AZ and CA. Any chance I can get accepted for the forum so I can start posting and discussing? I’m currently fighting 2 tickets in CA and am doing a Trial De Novo shortly.

  29. Marc Stevens Says:

    @ surfer- send me the username & I can activate it. Call the tomorrow and give us details.

  30. surfer349 Says:

    same username, same email.

  31. Marc Stevens Says:

    @ surfer you’re activated.

  32. Ysalc001 Says:

    Hello,

    I was recently arrested for DUI but was I’m a motionless vehicle. This is a little more than a traffic violation and this is my first ever offense aside from a speeding ticket. I am trying to fight this come September and have little to no knowledge about how to get my case dismissed. I was also not read my rights. Can you help a little Marc so that I can subdue the powers that be?

  33. Ysalc001 Says:

    I would also like my account activated so that I can post and gain more knowledge on what to do to beat this case

  34. Bucky Says:

    Ysalc001, look up Miranda vs Arizona 1966.

    Custodial Interrogation: deprived of freedom of action in any significant way.

    The prosecution MAY NOT use statements stemming from CUSTODIAL INTERROGATION of the defendant UNLESS it demonstrates the use of procedural safeguards.

    Procedural Safeguards: inform accused person of their right of silence prior to any questioning. The person must be warned that he has a right to remain silent, that any statement he does make may be used as EVIDENCE against him…

    According to Miranda vs Arizona, ANY statements that you made that the officer puts in his report may not be used as evidence against you if he failed to “read you your rights”.

  35. Bucky Says:

    It also says that if you tell a police officer that you do not wish to be interrogated, then they may not question you. If they tell you that you are not free to go, then I think they would have to read the Miranda warning right then and there or they wouldn’t be able to use your statements as evidence in court.

  36. NonE Says:

    Geeze. You people act like you think they actually follow that crap written on paper! Come ON.

    Repeat after Marc, “Only ask questions. Don’t make declarations.” (or something like that… I’m sure Bruce will object.)

    – the Very Good NonE

  37. Bucky Says:

    NonE, I know that they just do as they please. But only if they think they can get away with it.

    About 4 yrs ago, I went to court with a court-appointed attorney. In the report that the cop wrote, he never once mentioned that he informed me of ‘my rights’ – which he didn’t. He asked me alot of questions though (in the report he said that he “talked me in circles”) and he also stated in his report that I wasn’t free to leave until after his investigation. Based upon one of my statements, he arrested me.

    So my stupid butt-head of an attorney stands beside me and never says a thing about it. And the witnesses, the two cops that the prosecuting attorney said that he was planning on calling into court didn’t show.

    I wouldn’t have needed to declare that procedural rules were not followed or that there were no witnesses to testify. I could have asked like in the manner that Marc does. Not knowing any better at the time, I just stood there and said nothing.

  38. Ysalc001 Says:

    Hey Marc, how can I challenge a DUI when I was not even driving, was in a parking lot and already took the breathilizer at the station? I need serious help because I cannot afford an attorney and quite honestly want to get the cop who desperately needed to satisfy a quota… He even lied and charged me with some other things that I would like to have dismiss… I have never had anything of such on my record and i would definitely like to challenge and fight this.

  39. Chad Says:

    Marc,

    Good morning! I received a parking violation while in Tempe, AZ on Saturday. I was visiting some friends from out of town at the Residence Inn and parked my motorcyle in the parking garage. I parked it (as I often do) in the access aisle and when I returned there was a ticket sitting on my seat ($473, a little excessive)! I googled “how to beat a parking ticket, Tempe, AZ” and your website and article was suggested. The situation you describe is similar to mine and I’d like to get more information on how to file for dismissal.

    I also have the parking garage receipt that should be grounds for dismissal or (at the very least) evidence that I paid for parking.

    Any advice you can give is greatly appreciated (also sent you an email).

  40. Marc Stevens Says:

    @ chad, I’ll be back Wed, you can order it under the store section

2 Trackbacks For This Post

  1. Marc on Free Talk Live [Mike Dean's "Apology"] – Jul 2, 2012 | MarcStevens.net Says:

    […] Ticket Kicked Out in Tempe […]

  2. Dan Evans - Liar or Just Uniformed? - MarcStevens.net Says:

    […] Below is documentary proof of a court proceeding involving me personally, it’s from Tempe, Arizona and originally posted here in 2012. […]

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