How to get out of a traffic ticket:
It is not the duty of the police to protect you. Their job is to protect the Corporation and arrest code breakers.
If you are stopped or held without a 4th Amendment warrant signed by a federal judge- they're not operating under the law. They are operating on a limited jurisdiction, in a corporate capacity, as private security guards for extracting revenues as highwaymen from people who are not protected by Constitutions. It is unlawful for a policeman to make an arrest without a warrant that isn't a crime. Three types of wrongdoing: felony, misdemeanor or infraction (not a crime). Was the officer authorized to pull you over without Constitution foundation? If not, than whatever follows is void- he broke the rules. "Did you break any rules when you pulled me over?" Infractions are not crimes (warrantless arrest for non-criminal behavior).
It is not the duty of the police to protect you. Their job is to protect the Corporation and arrest code breakers.
If you are stopped or held without a 4th Amendment warrant signed by a federal judge- they're not operating under the law. They are operating on a limited jurisdiction, in a corporate capacity, as private security guards for extracting revenues as highwaymen from people who are not protected by Constitutions. It is unlawful for a policeman to make an arrest without a warrant that isn't a crime. Three types of wrongdoing: felony, misdemeanor or infraction (not a crime). Was the officer authorized to pull you over without Constitution foundation? If not, than whatever follows is void- he broke the rules. "Did you break any rules when you pulled me over?" Infractions are not crimes (warrantless arrest for non-criminal behavior).
You have been pulled over for and were given a ticket for violating a corporate policy/statute.
I. DURING THE TRAFFIC STOP:
If you are about to be pulled over, be prepared to express your rights, challenge jurisdiction and record the proceeding (with your cell phone recorder).
1. A traffic stop does not constitute an emergency. When the cop turns on his emergency lights to pull you over, it is unlawful and you may take your time to find a place to safely pull over
2. When he approaches you, you must ask all the questions- "why did you pull me over?" "who are you?" "Are you a peace officer?" "Can I see I.D. like your name, badge#, and business card to be sure?"(this gives you authority). Make sure you write down officer(s) name and badge #.
3. Don't answer any of his questions unless he has proven I.D. and jurisdiction. If he asks you a question, answer with either "I don't understand", "I don't consent", "I don't know" or simply "I can't answer another question until my lawyer is present."
4. Go on the offensive again with questions- "Am I being arrested?... If not than am I being detained or am I free to go?" If you are not being arrested, than you must be free to go. If he detains you any longer it is unlawful detainment and that will be part of your counterclaim later.
5. If officer asks for ID, DO NOT USE DRIVER LICENSE. Driver license is FRAUD if used for identification. The officer is bricking the law if they ask for D/L for ID. Give him a library card, work ID with picture. It is a felony to try and use D/L for ID. If you feel like cooperating and give the cop your license and registration, you still have options as he gives you the ticket in commerce (to co-sign)-
1. A traffic stop does not constitute an emergency. When the cop turns on his emergency lights to pull you over, it is unlawful and you may take your time to find a place to safely pull over
2. When he approaches you, you must ask all the questions- "why did you pull me over?" "who are you?" "Are you a peace officer?" "Can I see I.D. like your name, badge#, and business card to be sure?"(this gives you authority). Make sure you write down officer(s) name and badge #.
3. Don't answer any of his questions unless he has proven I.D. and jurisdiction. If he asks you a question, answer with either "I don't understand", "I don't consent", "I don't know" or simply "I can't answer another question until my lawyer is present."
4. Go on the offensive again with questions- "Am I being arrested?... If not than am I being detained or am I free to go?" If you are not being arrested, than you must be free to go. If he detains you any longer it is unlawful detainment and that will be part of your counterclaim later.
5. If officer asks for ID, DO NOT USE DRIVER LICENSE. Driver license is FRAUD if used for identification. The officer is bricking the law if they ask for D/L for ID. Give him a library card, work ID with picture. It is a felony to try and use D/L for ID. If you feel like cooperating and give the cop your license and registration, you still have options as he gives you the ticket in commerce (to co-sign)-
II. SIGN THE TICKET ONE OF FOUR WAYS:
When a man or woman is compelled by force to sign a document, such a signature shall have no legal effect. To ensure this is made clear, a man or woman may lawfully choose one of four mechanisms to physically invalidate their signature:
1. Sign your name with a phrase expressing your reserved rights such as "without recourse" or "all rights reserved" near your signature (above or to the side) ie. "John Doe all rights reserved","without recourse John Doe";
1. Sign your name with a phrase expressing your reserved rights such as "without recourse" or "all rights reserved" near your signature (above or to the side) ie. "John Doe all rights reserved","without recourse John Doe";
or
2. Sign your name with an abbreviation expressing "under duress" such as "u/d" near your signature (above or to the side) ie. "u/d John Doe","John Doe u/d";
or
3. By placing the letters V.C. anywhere within the signature, the man or woman signifies by custom the principle of Vi Coactus or "under constraint " to sign, which immediately invalidates the whole document ie. "V. C.John Doe","John V. C.Doe" "John DoeV. C.";
or
4. If prevented from making clear a signature is made by force, a man or woman may use an ellipsis ". . ." anywhere as part of their signature to prove that they sought to sign V.C. but were otherwise prevented. example- "...Jane Doe" or "Jane Doe..." (without the quotation marks)
-Article 134 Canon Law 2347
&
Also- always reserve your rights by writing the phrase-
"without prejudice (UCC 1-207.4 & 1-103)"
above your signature. By including this phrase, you reserve your original, common-law rights in accordance with Uniform Commercial Code. This expresses that you haven't forfeited any rights from unrevealed contracts.
"without prejudice (UCC 1-207.4 & 1-103)"
above your signature. By including this phrase, you reserve your original, common-law rights in accordance with Uniform Commercial Code. This expresses that you haven't forfeited any rights from unrevealed contracts.
III. GET THE CASE THROWN OUT BEFORE THE COURT DATE:
The ticket is a promise to appear at or before a certain date. You are originally an offender, but after ten days you become a defendant.
1. Within 72 hours of the incident, make three color copies of the ticket (front and back) and across each ticket in red marker write "refuse for cause" (refusing to contract for cause of fraud). Send each involved party a copy- the cop, the D.A. and the court.
2. Send a letter to the court clerk stating that you will be attending the court date to make sure there is no fraud in court.
1. Within 72 hours of the incident, make three color copies of the ticket (front and back) and across each ticket in red marker write "refuse for cause" (refusing to contract for cause of fraud). Send each involved party a copy- the cop, the D.A. and the court.
2. Send a letter to the court clerk stating that you will be attending the court date to make sure there is no fraud in court.
or
1. Within 7 days of the incident, go to the courthouse and see the court clerk. Bring two friends to be witnesses to your conversation with the clerk.
2. Tell the clerk that you are here to resolve your ticket/case and you need to see a magistrate(judge).
3. The clerk will tell you that you are not in the computer system yet and therefore you cannot see the judge or have a hearing. Make sure you get the clerk's name and have the clerk repeat that you cannot see a judge to resolve this case at this time.
4. Have your two witnesses each sign swarn affidavits testifying that the clerk would not let you appear at that time and send those copies and the original ticket to the court and consider the case dismissed.
2. Tell the clerk that you are here to resolve your ticket/case and you need to see a magistrate(judge).
3. The clerk will tell you that you are not in the computer system yet and therefore you cannot see the judge or have a hearing. Make sure you get the clerk's name and have the clerk repeat that you cannot see a judge to resolve this case at this time.
4. Have your two witnesses each sign swarn affidavits testifying that the clerk would not let you appear at that time and send those copies and the original ticket to the court and consider the case dismissed.
or
1. Within ten days of the original complaint, send a certified mail (return response requested) to the courthouse (clerk) a motion to dismiss all charges in your case on the basis that you are not a government employee (thus not liable to their policies/statutes).
2. Within your motion to dismiss, require the plaintiff (D.A.,prosecutor) to mail you back evidence that they may have that you are indeed a government employee (payroll records). Also state that if they don't send you any evidence than you will assume that there is no evidence and that the case is dismissed. If a claim is unrebutted it sticks as fact.
2. Within your motion to dismiss, require the plaintiff (D.A.,prosecutor) to mail you back evidence that they may have that you are indeed a government employee (payroll records). Also state that if they don't send you any evidence than you will assume that there is no evidence and that the case is dismissed. If a claim is unrebutted it sticks as fact.
IV. WHAT TO DO ON YOUR COURT DATE:
If you go to the court date and they still want to hold a hearing, you still have options. When the judge calls you up to discuss your case, this is the conversation you should have:
If you go to the court date and they still want to hold a hearing, you still have options. When the judge calls you up to discuss your case, this is the conversation you should have:
judge: "Is John Doe present?"
you: "I'm here for that matter as the authorized representative of the defendant and will cross the bar retaining all of my inalienable rights and waiving none with the agreement of the court."
judge: "Ok. Mr. Doe, how do you plea?" (guilty, not guilty...)
you: "I plea demurrer." what is Demurrer?
or (continue)
you: "I'm appearing specially not generally!"
judge: "ok."
you: "Is this a court of record?"
judge: "yes."
you: "Let the record show that I'm reserving all my rights not to be bound by any unrevealed contracts."
judge: "uhmm...ok."
you: "I would like to see a verified complaint filed by the city attorney, under penalty of perjury, that there is a crime that I comitted and I'd like to see the witness."
If there is no verified complaint you can motion to dismiss.
In a criminal case, you must have either violated a contract or caused damage to a party(person or property). In this case, there is noone that can claim that you caused them damage so therefore the case must be dismissed... what is Corpus delicti?
In a criminal case, you must have either violated a contract or caused damage to a party(person or property). In this case, there is noone that can claim that you caused them damage so therefore the case must be dismissed... what is Corpus delicti?
CASE EXAMPLE U/D: This now made the signature "under duress". I wrote "under duress" and signed my name next to the ticket.
I have written "refused for fraud" across the original ticket, and sent it to the Court and the CHP with the letter below attached. I have done this in the past, and never heard another word, I had wondered if there were any warrants, apparently not!
*************************************
NOTICE and DEMAND
ATTN: Certified Mail 7009 2820 0003 2274 8185
Los Angeles Sheriff's Norwalk Station
Officer B. Knudsen
Badge # 390
4999 Imperial Road
Norwalk, CA 94568-3310 CA
CC: Certified Mail 7009 2820 0003 2274 8192
JUDICIAL COUNCIL OF CALIFORNIA, THE
Also Traded as DOWNEY SUPERIOR COURT
5672 Stoneridge Drive
DOWNEY, CA 94588-8559 CA
RE: Los Angeles Norwalk Sheriff's
Violation Number: 60435 CA
This notice to appear was signed UNDER DURESS as evidenced by the original citation in possession of, or submitted by Officer B. Knudsen.
Because this notice to appear was signed UNDER DURESS;
1) Statements made therein shall not be considered admissible evidence,
2) As a party to this action, I hereby void this contract and notice to appear, and
3) Any perceived consent or promise to appear is hereby withdrawn.
If you, or any Officer of the court or Officer of the Norwalk Sheriff's disagrees with the facts or statements stated above, you must refute those items point by point within 10 days of receipt of this Notice, via sworn affidavit, under your full commercial liability, signing under penalty of perjury that the facts contained therein are true, correct, complete and not misleading. Mere declarations are an insufficient response, as declarations permit lying by omission and hearsay, which no honorable draft may contain. If an extension of time is needed to properly answer, please request it in writing. Failure to respond will be deemed agreement with the facts stated above and an inability to prove your claim.
_____________________________________
Bryant Schroder, non resident, non licensed and non registered pursuant to CVC 4, 17459, 17460
See: Edwards v. California, 314 US 160 (1941), Thompson v. Smith, 154 SE 579., Hertado v. California, 110 US 516
(Enclosed) Copy of Notice to Appear
I have written "refused for fraud" across the original ticket, and sent it to the Court and the CHP with the letter below attached. I have done this in the past, and never heard another word, I had wondered if there were any warrants, apparently not!
*************************************
NOTICE and DEMAND
ATTN: Certified Mail 7009 2820 0003 2274 8185
Los Angeles Sheriff's Norwalk Station
Officer B. Knudsen
Badge # 390
4999 Imperial Road
Norwalk, CA 94568-3310 CA
CC: Certified Mail 7009 2820 0003 2274 8192
JUDICIAL COUNCIL OF CALIFORNIA, THE
Also Traded as DOWNEY SUPERIOR COURT
5672 Stoneridge Drive
DOWNEY, CA 94588-8559 CA
RE: Los Angeles Norwalk Sheriff's
Violation Number: 60435 CA
This notice to appear was signed UNDER DURESS as evidenced by the original citation in possession of, or submitted by Officer B. Knudsen.
Because this notice to appear was signed UNDER DURESS;
1) Statements made therein shall not be considered admissible evidence,
2) As a party to this action, I hereby void this contract and notice to appear, and
3) Any perceived consent or promise to appear is hereby withdrawn.
If you, or any Officer of the court or Officer of the Norwalk Sheriff's disagrees with the facts or statements stated above, you must refute those items point by point within 10 days of receipt of this Notice, via sworn affidavit, under your full commercial liability, signing under penalty of perjury that the facts contained therein are true, correct, complete and not misleading. Mere declarations are an insufficient response, as declarations permit lying by omission and hearsay, which no honorable draft may contain. If an extension of time is needed to properly answer, please request it in writing. Failure to respond will be deemed agreement with the facts stated above and an inability to prove your claim.
_____________________________________
Bryant Schroder, non resident, non licensed and non registered pursuant to CVC 4, 17459, 17460
See: Edwards v. California, 314 US 160 (1941), Thompson v. Smith, 154 SE 579., Hertado v. California, 110 US 516
(Enclosed) Copy of Notice to Appear
Case in point...
"Personal liberty largely consists of the Right of locomotion -- to go where and when one pleases -- only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's Rights, he will be protected, not only in his person, but in his safe conduct."
II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135
"Personal liberty largely consists of the Right of locomotion -- to go where and when one pleases -- only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's Rights, he will be protected, not only in his person, but in his safe conduct."
II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135
“The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty.... It includes the right in so doing to use the ordinary and usual conveyances of the day; and under existing modes of travel includes the right to drive a horse-drawn carriage or wagon thereon, or to operate an automobile thereon for the usual and ordinary purposes of life and business. It is not a mere privilege, like the privilege of moving a house in the street, operating a business stand in the street, or transporting persons or property for hire along the street, which the city may permit or prohibit at will.”
--Thompson v. Smith, 154 S.E. 579.
--Thompson v. Smith, 154 S.E. 579.
49 USC § 395.1(j)(1) and (2) below.
"Moreover, no license or registration is required to exercise the Right of Way—the Liberty of the Common Way—the Right of Free Passage—by any conveyance whatsoever for personal, private recreation or travel purposes."
Murdock v. Pennsylvania, 319 U.S. 105
"No State shall convert a liberty into a privilege license it, and attach a fee to it"
Shuttlesworth v. Birmingham 373 U.S 262
"If the State converts a Liberty into a priviledge, the citizen can engage in the right with impunity"
"Moreover, no license or registration is required to exercise the Right of Way—the Liberty of the Common Way—the Right of Free Passage—by any conveyance whatsoever for personal, private recreation or travel purposes."
Murdock v. Pennsylvania, 319 U.S. 105
"No State shall convert a liberty into a privilege license it, and attach a fee to it"
Shuttlesworth v. Birmingham 373 U.S 262
"If the State converts a Liberty into a priviledge, the citizen can engage in the right with impunity"
CONSUMER GOODS ARE NOT REQUIRED TO BE REGISTERED!
“A vehicle not used for commercial activity is a “consumer goods”, . . . it is NOT a type of vehicle required to be registered and “use tax” paid of which the tab is evidence of receipt of the tax.” Bank of Boston v. Jones, 4 UCC Rep. Serv. 1021, 236 A2d 484, UCC PP 9-109.14.
“Thus self-driven vehicles are classified according to the use to which they are put rather than according to the means by which they are propelled.” Ex Parte Hoffert, 148 NW 20.
“The Supreme Court, in Arthur v. Morgan, 112 U.S. 495, 5 S.Ct. 241, 28 L.Ed. 825, held that carriages were properly classified as household effects, and we see no reason that automobiles should not be similarly disposed of.” Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907).
“A vehicle not used for commercial activity is a “consumer goods”, . . . it is NOT a type of vehicle required to be registered and “use tax” paid of which the tab is evidence of receipt of the tax.” Bank of Boston v. Jones, 4 UCC Rep. Serv. 1021, 236 A2d 484, UCC PP 9-109.14.
“Thus self-driven vehicles are classified according to the use to which they are put rather than according to the means by which they are propelled.” Ex Parte Hoffert, 148 NW 20.
“The Supreme Court, in Arthur v. Morgan, 112 U.S. 495, 5 S.Ct. 241, 28 L.Ed. 825, held that carriages were properly classified as household effects, and we see no reason that automobiles should not be similarly disposed of.” Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907).
(1) Free people have a common law and constitutional right to travel on the roads and highways that are provided by their government for that purpose. Licensing of drivers cannot be required of free people because taking on the restrictions of a license requires the surrender of an inalienable right;
(2) In England in 1215, the right to travel was enshrined in Article 42 of Magna Carta: It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above.
(2) In England in 1215, the right to travel was enshrined in Article 42 of Magna Carta: It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above.
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