Two traffic stops snubbed.

[Michael Joseph]

I agree that even appearing to decline to plea would be interpreted as Registration of Appearance pro se. Not letting the judge do his job is the same as threatening his career. It is uncomfortable to let him cross the prosecutor, who is there in his courtroom with literally every case he hears.

One thing that I note too about BY's recollection of the transcript. He claims that he remembers it exactly, maybe he even recorded it to transcribe?

I believe if it is accurate that it is very important.

Do you see how he asked the judge if he could move the court for a dismissal but never actually did so? The judge granted him permission to move the court and waited for BY to do so. The judge got silence and after waiting a while, the judge dismissed the case suae sponte.

BY understands the concept about any appearance will perfect jurisdiction not to be caught on the record moving the court. That would be Registration of Appearance and suddenly things would go typically where the judge just railroads the Defendant through the revenue mill.

"the more i fought, the more powerful he became....so what do we do - Nothing.....it's his board now, the only way to win is not to play" - Tron Legacy

[Binbokusai Yagyuu]

"the more i fought, the more powerful he became....so what do we do - Nothing.....it's his board now, the only way to win is not to play" - Tron Legacy

in a NY traffic Case, this is essentially correct

they cannot issue a Warrant of Arrest for FTA, because there has been no Summons, no Process

of course, what the Judge does... is to suspend Your DL

[Shuftin]

in a NY traffic Case, this is essentially correct

they cannot issue a Warrant of Arrest for FTA, because there has been no Summons, no Process

of course, what the Judge does... is to suspend Your DL

If it isn't in writing [process] i.e. wet ink, then it never happened. Spoken words tend to dissipate, vanish, and disappear in the brisk breezy breeze of Legalese BS.

Let's join heads just for a moment. Can a NY judge "Suspend ones Driver's License" because??? Well, just because??? Well??? Um??? Because!!! Umm, umm, well, because!!! Jeeze, well, um, just because!!!

A police officer need not even be involved at all. A judge can play the children's game of pin-the-tail-on-the-donkey. Blind-fold the judge, spin him around three times. Then point the judge in the general direction of a chart, chock full of citizen's Driver's License's numbers. Ask the judge to pin the donkeys tail to one of Driver's License's numbers.

Driver's License suspended. Why??? Well, umm. "Just Because."

You get my drift SL.

You also understand my stance on defense. Or do you? Here I see red meat ready for devouring.

[Binbokusai Yagyuu]

4-a. Suspension for failure to answer an appearance ticket or to pay a
fine. (a) Upon receipt of a court notification of the failure of a
person to appear within sixty days of the return date or new subsequent
adjourned date, pursuant to an appearance ticket charging said person
with a violation of any of the provisions of this chapter (except one
for parking, stopping, or standing), of any violation of the tax law or
of the transportation law regulating traffic or of any lawful ordinance
or regulation made by a local or public authority, relating to traffic
(except one for parking, stopping, or standing) or the failure to pay a
fine imposed by a court the commissioner or his or her agent may suspend
the driver's license or privileges of such person pending receipt of
notice from the court that such person has appeared in response to such
appearance ticket or has paid such fine. Such suspension shall take
effect no less than thirty days from the day upon which notice thereof
is sent by the commissioner to the person whose driver's license or
privileges are to be suspended. Any suspension issued pursuant to this
paragraph shall be subject to the provisions of paragraph (j-l) of
subdivision two of section five hundred three of this chapter.

[Michael Joseph]

in a NY traffic Case, this is essentially correct

they cannot issue a Warrant of Arrest for FTA, because there has been no Summons, no Process

of course, what the Judge does... is to suspend Your DL

The DL is property of the State. State as Grantor and poor ignorant soul, as Trustee for LEGAL DUMMY.

In the end just as Bob Dylan sang "you got to serve somebody, and it may be the Devil [world] or it may be the Lord [Yehovah] but you are gonna have to serve somebody."

----------------

Therefore "your DL" is somewhat of a misnomer. Said DL is being Held in Possession by a Trustee. Therefore said DL is Never mine only it is a Grant of Privilege.


But you already know these things.

Shalom,
mj

[Michael Joseph]

The DL is property of the State. State as Grantor and poor ignorant soul, as Trustee for LEGAL DUMMY.

In the end just as Bob Dylan sang "you got to serve somebody, and it may be the Devil [world] or it may be the Lord [Yehovah] but you are gonna have to serve somebody."

----------------

Therefore "your DL" is somewhat of a misnomer. Said DL is being Held in Possession by a Trustee. Therefore said DL is Never mine only it is a Grant of Privilege.


But you already know these things.

Shalom,
mj

I have to revise this post in light of more recent comprehension of the term UNDERTAKING. The Statute creates the liability and thus the consideration for contract to the Public Trust. Therefore in application for license one Undertakes FBO himself of whom he/she is a member of the Public Trust. Therefore one Undertakes in quasi-contract.

Immediately the mind will say but where is the value? Or, where is the consideration? The value is keeping the peace for yourself and others in society.

So in fact, I think I am wrong to say the holder of license is trustee. Rather, license holder undertakes in contract. Therefore if license holder does not obey the bylaws which govern the license, then those who have the power to administrate said license may decide to revoke the license. In effect, one who does not keep the bylaws [obey] does not keep one's word, thus the Tort is against the Trustee who issued the license.

"Those who, though not appointed trustees, take on themselves to act as such and to possess and administer trust property for the beneficiaries, such as trustees de son tort. Distinguishing features ... are (a) they do not claim to act in their own right but for the beneficiaries, and (b) their assumption to act is not of itself a ground of liability ... and still there is status as trustees precedes the occurrence which may be the subject of claim against them."

" To be liable as trustees de son tort, strangers to the trust must commit a breach of trust while acting as trustees. Such persons are not appointed trustees but take on themselves to act as such and to possess and administer trust property."

In a sense, once the licensee disobeys the bylaws which govern said license, then he/she should immediately make the livery of the legal title to said license to the de-jure trustee OR he/she should discharge any charge which issues upon said licensee.

A constructive trust does not arise because of the expressed intent of a settlor/creator, one who establishes a trust. It is created by a court whenever title to property is held by a person who, in fairness, should not be permitted to retain it. It is frequently based on disloyalty or other breach of trust by an express trustee (the person appointed or required by law to execute a trust), and it is also created where no express trust is created but property is obtained or retained by other Unconscionable conduct. The court employs the constructive trust as a remedial device to compel the defendant to convey title to the property to the plaintiff. It treats the defendant as if he or she had been an express trustee from the date of the unlawful holding of the property in question. A constructive trust is not a trust, in the true meaning of the word, in which the trustee is to have duties of administration enduring for a substantial period of time, but rather it is a passive, temporary arrangement, in which the trustee's sole duty is to transfer the title and possession to the beneficiary.