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    Another trick courts are using re: R4C

    The amount of energy spent in trying to keep this fraud (non-recognition of R4C process) alive is just incredible. It's almost as though they (the so-called "authorities") view this as a game. Here's something I just discovered the other day. I'm sure old-timers here won't be surprised in the least, and I offer this as FYI to be on the lookout.

    Three weeks ago, a curious LEO sped up from behind me to catch up with my auto and pulled me over for a stop. I have an expired plate along with a notice in the rear window explaining "Private Property, Not for Hire." This is the second time I've been stopped in the four years since I began traveling this way.

    I also have noticed the state DOT and the county sheriff's office of my intent to travel this way in an affidavit, which I keep in the car at all times. The affidavit helped the first time I was stopped as it slowed down the DPS officer, who wasn't sure about the legal ramifications of the affidavit and thus subsequently wrote a citation for No registration, No DL.

    In that incident, I immediately issued a refusal for cause that same day, drawing up a Certificate of Mailing so I had proof of service. I called the court at the end of the following week to see if the citation had made it onto the court docket and was told that it hadn't. (At this point in my journey, I wasn't quite sure what to expect from the "authorities" or how they were going to respond to this.)

    The next week on a whim I decided to call again. I don't recall now just exactly how the conversation went (meaning I don't recall whether or not they asked for a name; I'm thinking they did and that I must have given one), but this time I was told that the citation had shown up and was in the system. I knew what I had to do. I took a photocopy of my original photocopy of the R4C along with the Cert. of Mailing down to the court and entered it into the court case file.

    The court clerk asked me if I wanted a court date (after denying having seen any R4Cs ever having been filed). My initial thought was that this seemed strange, however I had written up a court order along with an affidavit describing the event of the traffic stop in great detail, and I wanted to see if the judge would approve it so I assented to a court date.

    Two months later, when I went to court and the case was called, I didn't have to say a word before the judge dismissed the case. I handed the judge my affidavit and court order, but of course never heard back from her.

    Fast forward to today. Got ticketed three weeks ago for the same issues and issued my R4C that same day, complete with a Cert. of Mailing (I create my own Cert of Mailing instead of using the Post Office form; this way I can describe the document being mailed and who is mailing it -- i.e. True name).

    At the end of the first week I called the court to see if citation number so-and-so had been turned into the court. The person on the phone took a second to check the computer and said "No, it hasn't." I expected this as sometimes it takes more than a week for the court before the citation is turned in.

    At the end of the second week I called the court again to check on the citation, and the person on the phone did a preliminary check on the computer and said "no." Then asked if I would hold on so she could check further. She then asked for a description of the violation and my name. I gave her the info on the violation, but declined to give my name. saying that she already had the ticket number and should be able to locate it by that. She excused herself, put me on hold for a couple of minutes, then came back on to say that she couldn't find any such citation.

    I'm thinking, "Okay, this is interesting." And looking forward to the next week when I call, not really suspecting anything, but just wanting to confirm for a third and possibly fourth week that the citation hadn't been turned in.

    When I call at the end of the third week to check on the citation, I get the same answer and runaround as the second week, only this time I provide a LAST NAME, just to see what will happen. Shazaam! The clerk just happens to find the citation buried in a stack (the same stack that she had just moments before checked and found nothing) and promises to enter it into the system as we are speaking. I tell her I'll be down next week to file a couple of documents that will clear this matter up and hang up.

    I suppose if I had continued to refuse to provide a name I could have ridden out the time limit on the court date set on the citation, and the date would have gone by with no one claiming it! Who knew!

    On a side note, is there anyone here who knows how we can begin to hold these officials (primarily the LEO) accountable in these situations where they neglect to inform the court of the R4C? Or are we at the mercy of the Thin Blue Line, which protects its own. Just wondering, that's all.
    Last edited by KnowLaw; 08-14-12 at 08:31 PM. Reason: clarification

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