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Thread: Ticketed for turning left in a left turn lane

  1. #1

    Ticketed for turning left in a left turn lane

    Here are the facts and sequence of events...

    1. In December '10 I renewed my driver license with a full reservation of rights "without prejudice" and "at arm's length" - the clerk issued the new license with this language on it.

    2. At the end of February of this year, a cop pulled me over for making a left turn in a left turn lane -- yes, you read that right. (On top of that, the cop was in the right lane attempting to make a left turn -- he almost hit me). He has the gall to ticket me for improper lane usage and "failure to yield". I signed the ticket "without prejudice."

    3. Within 72 hours, I sent back the ticket marked "RETURNED FOR CAUSE" with an accompanying letter explaining the cause; such cause being I made a full reservation of rights was made and therefore they had no personal jurisdiction in the matter and the cop/prosecutor should have known this; and, that I was traveling by right and am not acting as surety of fiduciary for the ALL CAPS NAME that has been charged.

    4. The TRAFFIC VIOLATION BUREAU clerk wrote back "We received your 'Motion to Set Aside Default Judgment' and set it for a hearing on March 23."

    5. Exercising my right of inquiry, I wrote back asking who made a motion as I had not. (I also made an offer to contract that if they failed to respond they would pay me for my time in court - $1,000 in pre-1933 in gold coin). They did not respond. But the clerk's office said by phone the March 23 "Court" (i.e. private company) date was still on and if I failed to show up, they would enter default judgment against me.

    6. I went to Traffic (i.e. private company) court March 23 where the matter was called (thank you for accepting my Offer to Contract!), and the "judge" asked what my motion was. I responded I made no motion and was there solely for the purpose of inquiry; the City attorney girl then chimed in it was actually their motion and they were striking it. They then said I have until April 13 to "pay the ticket or make a motion."

    Though they should have already dismissed/retired the entire matter, what might you all think is the next best course of action?

  2. #2
    Senior Member Brian's Avatar
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    Jethro...You may find this interesting...From: http://www.godlikeproductions.com/fo...ge1304915/pg50

    Hey Colonel;

    We talked on the phone several weeks ago. I am the guy in Mississippi who beat the ticket.

    The recording of it became corrupted on the computer. I've been having a guy try to recover it. Might work later. If yes, I'll let you know.

    BUT, I wrote the transcript the next day. Here it is, exactly as it went down.

    Prelim remarks. I believe the reason it worked is simply because I did not plead along the way. In other words, I talked with the clerk on at least 2 occasions before the date to move the date, etc., and on each occasion, she tried to get me to state how I pled or would plea.

    Having gone to court and won on a wildlife charge and come to understand that "pleadings perfects jurisdiction," I had figured out the game. So, I fastidiously did NOT plead, and I made it abundantly clear to the clerk that although she is Christian and good person, she was, after all, an officer of the court and as such, she should, in no way, say or intimate to the 'judge' that I pled anything, and if she did, I was going to be very upset and sue her.

    So, in court, here's the transcript:

    judge: "So, Mr. File, are you here today to plead not guilty."

    Me: "Your Honor, I have not pled anything." (my way of saying have not, will not be doing it now because I know you do not have jurisdiction now unless I screw up and give it to you.)

    I waited 2 Mississippi:

    Me: "Your Honor, may I ask the Court a question?"

    judge: "Yes, you may."

    Me: "Do pleadings perfect jurisdiction?"

    Here, it was as though I farted in church on a wooden bench on the front row. Pussel-gutted prosecutor almost had a heart attack and started blurting out 'jurisdiction' stuff cause he had some more money to collect and they didn't see this coming.

    Judge was taken aback and blurted,...

    judge: "Yes."

    I waited 2 Mississippi:

    Me: "Therefore, your Honor, may I MOVE the court to dismiss the charges, immediately?"

    judge had his head down writing. He needed a story like the prosecutor did. He said,

    judge: "Yes, you may. The officer is not present anyway."

    Officer WAS present in street clothes. judge needed a story for the other people cause they were domestic charges and didn't have an officer. Reason I know that is because I listened to all the attorneys talking with them before. I just sat there with my head down like I was napping and listened so hard I could hear the mice in the damn wall. I had everybody pegged. Lambs to the damn slaughter for Fed Res Notes.

    10 seconds went by, maybe.

    judge said: "You are free to go, Mr. File. Have a nice day."

    I walked out through 5 attorneys and 2 police officers sporting 9 MM's and Tasers like I was Barac, 'Insane,' Obama.

    Whole thing took less than 30 words from me. Saved me $168 Federal Res Notes.

    You and I already talked about the procedure problems I set up on them using these words and getting the question before the court, first.

    He had to address the question. If he didn't, I'd get it on the record and beat, and embarass him on appeal as the record is all that matters on appeal unless, of course, well, no matter right now.

    The thing that made me figure it this way is I heard an attorney on the radio the day after my Fed Court Wildlife thing talking about pleadings. He was showing out and didn't even know what he said. He go broke lawyering if he practiced what he preached because no court, save a victim case of murder or rape, could get one of his clients into jurisdiction.

    Hence, the Bar would sanction me if I were an attorney. Hee hee.

  3. #3
    Quote Originally Posted by Brian View Post
    Jethro...You may find this interesting...From: http://www.godlikeproductions.com/fo...ge1304915/pg50

    Hey Colonel;

    We talked on the phone several weeks ago. I am the guy in Mississippi who beat the ticket.

    The recording of it became corrupted on the computer. I've been having a guy try to recover it. Might work later. If yes, I'll let you know.

    BUT, I wrote the transcript the next day. Here it is, exactly as it went down.

    Prelim remarks. I believe the reason it worked is simply because I did not plead along the way. In other words, I talked with the clerk on at least 2 occasions before the date to move the date, etc., and on each occasion, she tried to get me to state how I pled or would plea.

    Having gone to court and won on a wildlife charge and come to understand that "pleadings perfects jurisdiction," I had figured out the game. So, I fastidiously did NOT plead, and I made it abundantly clear to the clerk that although she is Christian and good person, she was, after all, an officer of the court and as such, she should, in no way, say or intimate to the 'judge' that I pled anything, and if she did, I was going to be very upset and sue her.

    So, in court, here's the transcript:

    judge: "So, Mr. File, are you here today to plead not guilty."

    Me: "Your Honor, I have not pled anything." (my way of saying have not, will not be doing it now because I know you do not have jurisdiction now unless I screw up and give it to you.)

    I waited 2 Mississippi:

    Me: "Your Honor, may I ask the Court a question?"

    judge: "Yes, you may."

    Me: "Do pleadings perfect jurisdiction?"

    Here, it was as though I farted in church on a wooden bench on the front row. Pussel-gutted prosecutor almost had a heart attack and started blurting out 'jurisdiction' stuff cause he had some more money to collect and they didn't see this coming.

    Judge was taken aback and blurted,...

    judge: "Yes."

    I waited 2 Mississippi:

    Me: "Therefore, your Honor, may I MOVE the court to dismiss the charges, immediately?"

    judge had his head down writing. He needed a story like the prosecutor did. He said,

    judge: "Yes, you may. The officer is not present anyway."

    Officer WAS present in street clothes. judge needed a story for the other people cause they were domestic charges and didn't have an officer. Reason I know that is because I listened to all the attorneys talking with them before. I just sat there with my head down like I was napping and listened so hard I could hear the mice in the damn wall. I had everybody pegged. Lambs to the damn slaughter for Fed Res Notes.

    10 seconds went by, maybe.

    judge said: "You are free to go, Mr. File. Have a nice day."

    I walked out through 5 attorneys and 2 police officers sporting 9 MM's and Tasers like I was Barac, 'Insane,' Obama.

    Whole thing took less than 30 words from me. Saved me $168 Federal Res Notes.

    You and I already talked about the procedure problems I set up on them using these words and getting the question before the court, first.

    He had to address the question. If he didn't, I'd get it on the record and beat, and embarass him on appeal as the record is all that matters on appeal unless, of course, well, no matter right now.

    The thing that made me figure it this way is I heard an attorney on the radio the day after my Fed Court Wildlife thing talking about pleadings. He was showing out and didn't even know what he said. He go broke lawyering if he practiced what he preached because no court, save a victim case of murder or rape, could get one of his clients into jurisdiction.

    Hence, the Bar would sanction me if I were an attorney. Hee hee.
    That would be great to read the actual transcript. Do you suppose whoever described this hearing could order it up?

  4. #4
    Senior Member Brian's Avatar
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    Quote Originally Posted by David Merrill View Post
    That would be great to read the actual transcript. Do you suppose whoever described this hearing could order it up?
    If you could find "osbogosley" from that thread on GLP's he was the one who originally posted that. He references this site, so perhaps he is on here under a different handle. That would be a great transcript...if it was not shredded/burned afterwords.

  5. #5
    Thanks Brian!

    I was speaking about this with a new suitor. I heard a few snippets about the technique somebody was trying to help with. There was some interesting stuff but counsel took off. All of it was from one perspective. I have always been amazed that somebody can be intelligent enough to apply something like this, claim that there was a success in court; yet not think that a $15 transcript would make a big difference at convincing people.

  6. #6
    One of the problem many would seem to be having in regards transcripts is that most of these cases are related to traffic tickets, which it is my understanding these courts are not courts of records. No competency here, one could say. fB

  7. #7
    Possibly a counterclaim instead of a motion.

    The common mistake here is that you attempted to explain the cause - to attorneys! They might have understood your timely Refusal for Cause if you would have just left it explaining the right of refusal, if you refuse for cause timely. So you tried to explain the law to attorneys, did you?

    I am gathering the cop took a left turn from the wrong lane and nearly got hit for it; and then decided to blame you for not seeing him? If he had charged you with reckless driving or something you might have a problem. If this gets to trial the jury might have a time understanding the facts as a crime! BTW is there such an offense? Have you looked at that statute cited on the ticket in the Revised Statutes? It seems rediculous but they may badger you pretty hard to drive you into a plea bargain - to admit to turning left from a left turn lane like you did!



    Regards,

    David Merrill.

  8. #8
    Quote Originally Posted by Brian View Post
    Jethro...You may find this interesting...From: http://www.godlikeproductions.com/fo...ge1304915/pg50

    judge: "So, Mr. File, are you here today to plead not guilty."

    Me: "Your Honor, I have not pled anything." (my way of saying have not, will not be doing it now because I know you do not have jurisdiction now unless I screw up and give it to you.)

    I waited 2 Mississippi:

    Me: "Your Honor, may I ask the Court a question?"

    judge: "Yes, you may."

    Me: "Do pleadings perfect jurisdiction?"

    Here, it was as though I farted in church on a wooden bench on the front row. Pussel-gutted prosecutor almost had a heart attack and started blurting out 'jurisdiction' stuff cause he had some more money to collect and they didn't see this coming.

    Judge was taken aback and blurted,...

    judge: "Yes."

    I waited 2 Mississippi:

    Me: "Therefore, your Honor, may I MOVE the court to dismiss the charges, immediately?"

    judge had his head down writing. He needed a story like the prosecutor did. He said,

    judge: "Yes, you may. The officer is not present anyway."
    Very interesting, Brian. Might this mean any pleading perfects jurisdiction? Even if one pleaded "no contract"?

    Also, do you know if Mr. File had made a reservation of rights on his DL?

  9. #9
    Quote Originally Posted by David Merrill View Post
    Possibly a counterclaim instead of a motion.

    The common mistake here is that you attempted to explain the cause - to attorneys! They might have understood your timely Refusal for Cause if you would have just left it explaining the right of refusal, if you refuse for cause timely. So you tried to explain the law to attorneys, did you?
    Thanks for the reply, David. No, I don't believe I attempted to explain the law to attorneys. I simply sent the ticket back "Returned For Cause" to the address on the ticket with the accompanying letter explaining the cop/prosecutor should have known from the DL he had no in personam jurisdiction. Apparently the Traffic Court Clerk (a.k.a. paper shuffler) received it and had no idea what to do with it, so he just made up a motion (a.k.a. fraud) and set it for a "Court" date. They admitted this in "Court."

    Quote Originally Posted by David Merrill View Post
    I am gathering the cop took a left turn from the wrong lane and nearly got hit for it; and then decided to blame you for not seeing him? If he had charged you with reckless driving or something you might have a problem. If this gets to trial the jury might have a time understanding the facts as a crime! BTW is there such an offense? Have you looked at that statute cited on the ticket in the Revised Statutes? It seems rediculous but they may badger you pretty hard to drive you into a plea bargain - to admit to turning left from a left turn lane like you did!
    Let me add some clarification -- the cop said the left turn lane wasn't for making left turns, even though it is; I have the pictures of the signs, video of the traffic (in the vernacular sense of the word) flow, and I'll subpoena the cop car video and traffic director to testify this left turn lane is, in fact, for making left turns. This cop is an idiot (and an arrogant one at that). Being this ticket was issued on the last day of the month, I suspect he was making up sh!t to meet a quota. They're finding out they bit off more than they can chew on this one.

    I can win this 100% on the facts, but I want to win "pre-trial" as a matter of law, and for the benefit of those on this board. That's why I'm here.

  10. #10
    Get into Records. Buy a copy of the Register of Action. You want to see the backside of the Original ticket and read the officer's version of what happened.

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