Time to play the game

A girlfriend of mine just got a seatbelt ticket today. She was wearing the belt but it was behind her shoulder (lap belt only). The maximum fine is $25 if proven guilty so she has given me free reign to do as I please on her behalf (or coach her).

Would it interest the suitors and the brain trust for me to thoroughly document this and perhaps share ideas about how to best proceed on each leg of the journey? I've been itching to get me feet wet.

Details as stated so far: State Trooper, rural county - probably held in municipal court at the local county court house.

R4C first?

I figure at $25 it's the perfect test subject. At bear minimum I would like to make this cost them far more than what they're trying to extort from my friend.

(If I am in the wrong forum please excuse me)

Quote:

---

Originally Posted by BAMAJiPS

A girlfriend of mine just got a seatbelt ticket today. She was wearing the belt but it was behind her shoulder (lap belt only). The maximum fine is $25 if proven guilty so she has given me free reign to do as I please on her behalf (or coach her).

Would it interest the suitors and the brain trust for me to thoroughly document this and perhaps share ideas about how to best proceed on each leg of the journey? I've been itching to get me feet wet.

Details as stated so far: State Trooper, rural county - probably held in municipal court at the local county court house.

R4C first?

I figure at $25 it's the perfect test subject. At bear minimum I would like to make this cost them far more than what they're trying to extort from my friend.

(If I am in the wrong forum please excuse me)

---

It will be an administrative court seated with a magistrate more than likely.

Traffic court is a great way to gain court experience. In fact, many new lawyers start out in traffic court.

I'm interested in hearing about whatever you do. Very interested.

Quote:

---

Originally Posted by BAMAJiPS

A girlfriend of mine just got a seatbelt ticket today. She was wearing the belt but it was behind her shoulder (lap belt only). The maximum fine is $25 if proven guilty so she has given me free reign to do as I please on her behalf (or coach her).

Would it interest the suitors and the brain trust for me to thoroughly document this and perhaps share ideas about how to best proceed on each leg of the journey? I've been itching to get me feet wet.

Details as stated so far: State Trooper, rural county - probably held in municipal court at the local county court house.

R4C first?

I figure at $25 it's the perfect test subject. At bear minimum I would like to make this cost them far more than what they're trying to extort from my friend.

(If I am in the wrong forum please excuse me)

---

It is a bad idea to go about this in this manner. For one thing by and large remedy is between your ears. You are proposing to play metaphysician for somebody else. The brain trust is formed by suitors who have published default judgments in place. There may be other courts of competent jurisdiction but being able to show evidence of that goes a long way. Doing teaches a lot and what you are doing will likely fail at best and may get your girlfriend into some trouble.

For example your girlfriend was effectively jailed, called detained. She has been released on a $250 bail bond pending appearance. I should have saved it but I have seen proof of this in one State or another, I forget. The State owns her driver license and the State presumes the privilege of driving is worth about $250 to her.

I met a fellow who challenged jurisdiction at the arraignment. He was spouting some of the typical patriot mythologies and a few days later he got a letter notifying him there was a warrant out on him. He went to discuss it and was handcuffed and placed under arrest but made a call and a friend showed up with a checkbook to write him a $250 bail bond. The magistrate had determined that the driver license in his possession was not worth $250 to him so he had to post the bond in endorsed FRNs (they would not accept cash - check only - Pay to the Order of...).

However, if your girlfriend wants to play around fine. We all want to know how it goes. I suggest that if it becomes a little hairy she pull cash out of her shirt pocket and ask directions to the cashier.

This is what I want to hear. Opinions. I feel I'm competent enough now to start off in traffic court, but you're Leary of doing it in someone else's behalf? I DON'T want to get her in any tangible trouble so maybe I should ease off a tad? I really think its a crap charge

Quote:

---

Originally Posted by BAMAJiPS

This is what I want to hear. Opinions. I feel I'm competent enough now to start off in traffic court, but you're Leary of doing it in someone else's behalf? I DON'T want to get her in any tangible trouble so maybe I should ease off a tad? I really think its a crap charge

---

A court may not allow you to do it on someone else's behalf.
This is bordering on "practicing law without a license" ....

UPL (Unauthorized Practice of Law) is unlikely if BamaJips avoids signing anything for her.

My point is more along the lines that natural law is more metaphysics and one cannot have that kind of standing through representation. So your point is valid Shikamaru. If you have some understanding of metaphysics you might teach her however.

I recall returning a writ coram vobis (not coram nobis) by simply retitling a federal court generated document. We just went up to the third floor law library and I explained it to the suitor, and wrote it on there for him to sign. The clerk had to file it even though it was a foreign writ but the suitor said, You realize I am trusting you to know what you are doing. I did. But it is unwise to trust in others and in such positions of trust there are liabilities as well as benefits.

No no- not represent her... Coach- merely point out the laws in conflict and let her decide what she feels is best. I see how it could get dicey and spiral out of control - however she listens with great interest when I go on about these things. She's intrigued.
I was thinking along the lines of Marc Stevens of Adventures in Legal Land fame if anyone is familiar with his work. He apparently uses parking tickets as a fairly cheap way to get your foot in the door and "break the ice" and train in techniques of handling ones own legal affairs. David mentions a precaution that it could end up costing in excess of $200 - something I'm sure neither she or I would like to see.
If it was me, I already have an entire legal argument written upon my mind, but I've been studying this stuff for a solid three months (I know that's a drop in the bucket but I'm amazed at what I have been able to uncover and retain in that short period of time).

So it appears in my zeal to slay the beast, maybe I inserted my foot into my mouth. It probably would be prudent and best for her to be competent to handle her own affairs completely.

I face the man in black robes Monday morning at 9:am for a review. If I survive that round (they may imprison me for a debt which is unconstitutional according to my state) I plan to start filing the papers that are sure to piss the judge off...
I was just hoping for a dose of ego boost I suppose. A confidence builder. That's the wrong attitude to have and I stand corrected.
Maybe the end result of this is I can turn her on to her own studies where she may be confident enough to handle her own affairs. I would hate to see her expenses jacked up because I suggested something that pissed the judge off.

:-/ like y'all said - no silver bullet.

-regard

cash it in,
put the redeemed for lawful money stamp on it and sent it off to the top bank,

Quote:

---

Originally Posted by BAMAJiPS

No no- not represent her... Coach- merely point out the laws in conflict and let her decide what she feels is best. I see how it could get dicey and spiral out of control - however she listens with great interest when I go on about these things. She's intrigued.
I was thinking along the lines of Marc Stevens of Adventures in Legal Land fame if anyone is familiar with his work. He apparently uses parking tickets as a fairly cheap way to get your foot in the door and "break the ice" and train in techniques of handling ones own legal affairs. David mentions a precaution that it could end up costing in excess of $200 - something I'm sure neither she or I would like to see.
If it was me, I already have an entire legal argument written upon my mind, but I've been studying this stuff for a solid three months (I know that's a drop in the bucket but I'm amazed at what I have been able to uncover and retain in that short period of time).

So it appears in my zeal to slay the beast, maybe I inserted my foot into my mouth. It probably would be prudent and best for her to be competent to handle her own affairs completely.

I face the man in black robes Monday morning at 9:am for a review. If I survive that round (they may imprison me for a debt which is unconstitutional according to my state) I plan to start filing the papers that are sure to piss the judge off...
I was just hoping for a dose of ego boost I suppose. A confidence builder. That's the wrong attitude to have and I stand corrected.
Maybe the end result of this is I can turn her on to her own studies where she may be confident enough to handle her own affairs. I would hate to see her expenses jacked up because I suggested something that pissed the judge off.

:-/ like y'all said - no silver bullet.

-regard

---

Well, in the name of fun, go for it.

Again be keen if the magistrates asks her to explain why she should not be held in contempt of court that she pulls out a wad and (remembering that the record is an audio recording), I have cash in hand your honor. Could you please direct me to the cashier so I can settle this matter immediately?

I get to go see Judge Craig in the morning. 9am. I filed a motion for continuance, but the court was in the process of moving from the old house to the brand new luxurious multi-million dollar building. Anyways - The judge never moved on it, so I HAVE to show up tomorrow morning or risk a warrant. I have just hit the 2.5 months late on child support (yay economy!) - but I THINK I will be ok.
Judges LOVE putting dads in jail for months and months with NO clearly defined release date - just when they apparently "feel" like it. (My buddy in Tennessee just got out after 6 months of senseless confinement - how that helped his kids is beyond me).

Anyways - Alabama Constitution Article I Section 20: "That no person shall be imprisoned for debt." is to me as crystal clear language as it gets. Am I missing something here guys?

I guess I am giving my potential farewell for a time being... I was just reading up on Writs of Habeas Corpus and thought that if the judge decides to trample my protected rights (as I read them at least) that once I get to the jail I need to demand the writ before booking? There are other constitutional statutes and I have printed up a little cheat sheet to reference all the particular laws in Alabama such as due process before depriving life, property or liberty and that apparently ties into Article I Section 11 "The right to a trial by jury shall remain inviolate."

Barring fraud, I fail to see how this financial matter can cross over to criminal and then me be deprived of a jury to decide whether or not I go to the slammer....? I know they do what they want, but...?

Laches - "Equity aids the vigilant, not those who slumber on their rights." Am I misinterpreting my rights? Theres only one way to find out and thats to go and assert them and see how much they want to play.
I am a little confused as to the Writ of Habeas Corpus though, it appears it is supposed to be filed in the state court first, then in the federal. Its against the jailer/sheriff as well I think and NOT against the judge who will be doing it...? Am I mis-applying the writ here?

I'll check beck in the morning and on my phone sitting waiting in court if anyone would entertain my thoughts. Thanks guys

Well that sucked. Judge talked to me like I was the lowest miscreant known to exist and how dare I try to explain anything. I escaped jail for another day but now owe even more money I can't afford. Sigh. What a tyrant.