Refusal For Cause - Alive and Well

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01-10-12, 12:47 PM
EZrhythm

Refusal For Cause - Alive and Well

Posted by 'forgiven' from another forum;
I received a traffic ticket for cell ph use. I wrote on ticket without prejudice and under duress. I sent a copy of my traffic ticket to the CHP and directed to attn: Officer that wrote the ticket. Wrote refusal for cause. It did not get dismissed. Received a court citation to appear. Sent in to the court a copy of the court order to appear with refusal for cause written acroos it. Referred back to my original refusal for cause which was within 72 hrs of getting the ticket. The case was dismissed, however the date I was to show was at 8:30 a.m. I didn't go but my husband checked the court dockets and I wasn't anywhere on them. Today the same day as my court date, I received my court dismissal.......
01-10-12, 01:54 PM
David Merrill

Quote:

Originally Posted by EZrhythm

Posted by 'forgiven' from another forum;
I received a traffic ticket for cell ph use. I wrote on ticket without prejudice and under duress. I sent a copy of my traffic ticket to the CHP and directed to attn: Officer that wrote the ticket. Wrote refusal for cause. It did not get dismissed. Received a court citation to appear. Sent in to the court a copy of the court order to appear with refusal for cause written acroos it. Referred back to my original refusal for cause which was within 72 hrs of getting the ticket. The case was dismissed, however the date I was to show was at 8:30 a.m. I didn't go but my husband checked the court dockets and I wasn't anywhere on them. Today the same day as my court date, I received my court dismissal.......

Thank you for sharing EZ!
01-14-12, 11:34 AM
EZrhythm

1 Attachment(s)

I received from 'forgiven' a copy of their process and court minutes of the dismissal. (attached)
01-15-12, 03:15 AM
Richard Earl

That's nice to hear, EZ, thank you!
01-16-12, 01:17 AM
David Merrill

Thank you again EZ! I have compiled the docs into one .pdf file.
01-16-12, 06:52 AM
Jethro

I followed almost exactly the same procedure as EZ in a nearly identical "traffic" situation. However in my case, they ignored the RFC and express reservation of rights (on both the ticket, DL card and DL application). Only thing different is in this "municipality" they don't even schedule court dates (too commercially non-benficial, presumably) -- they just give you a form marked: 1. GUILTY 2. NOT GUILTY or 3. TRAFFIC SCHOOL, then you're supposed to check one (admitting to their jurisdiction) and mail it back after which a "court date" is scheduled. So obviously in my case, there was no court date.

Like EZ, the ticket was signed "without prejudice," refused for cause within 3 days, and explanation sent pointing out the refusal and reservation of rights. But instead, they claimed default judgment against me for "failing to respond to the citation", and so far, the administrative appeals have all ignored the multiple reservation of rights "without prejudice" and proceeded on as 'business as usual.' I believe they are now attempting to extort money/property from me without a signature.

Any thoughts as to how to compel these commercial SOB's to recognize the refusal and my reservation of rights?
01-16-12, 09:17 AM
David Merrill

Quote:

Originally Posted by Jethro

I followed almost exactly the same procedure as EZ in a nearly identical "traffic" situation. However in my case, they ignored the RFC and express reservation of rights (on both the ticket, DL card and DL application). Only thing different is in this "municipality" they don't even schedule court dates (too commercially non-benficial, presumably) -- they just give you a form marked: 1. GUILTY 2. NOT GUILTY or 3. TRAFFIC SCHOOL, then you're supposed to check one (admitting to their jurisdiction) and mail it back after which a "court date" is scheduled. So obviously in my case, there was no court date.

Like EZ, the ticket was signed "without prejudice," refused for cause within 3 days, and explanation sent pointing out the refusal and reservation of rights. But instead, they claimed default judgment against me for "failing to respond to the citation", and so far, the administrative appeals have all ignored the multiple reservation of rights "without prejudice" and proceeded on as 'business as usual.' I believe they are now attempting to extort money/property from me without a signature.

Any thoughts as to how to compel these commercial SOB's to recognize the refusal and my reservation of rights?

Reservation of right is inherent in the R4C. Suitors subscribe to keeping a competent evidence repository. Note the Clerk Instruction in the Libel of Review.