All rights reserved. Without prejudice. No liability assumed. No value assured.
"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius"It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2Prove all things; hold fast that which is good. Thess. 5:21.
As followup to post #173, the date for our defendants "hearing with magistrate" arrived. Well aware business appearance may have previously been perfected he went ahead anyway. He was again shuttled into a one-on-one with the State's Attorney. Brief discussion where defendant stated he wanted it dismissed, attorney said he wasn't dismissing it, then admitted he couldn't dismiss it, didn't have the authority, etc. He was made to wait, probably while the citing officer & magistrate were readied, and they went ahead with a little show trial. Defendant raised several points but magistrate found no merit in any and decided in State's favor.
Anyway, defendant is now that much the wiser and the event provided the impetus for defendant to file a full evidence repository. While he may have lost a skirmish, he's confident the war is won.
Last edited by JohnnyCash; 05-07-12 at 04:05 AM.
So, what ended up happening?
Defendant was convicted, paid the $140 fine, and rolled on down the road. I do have another suitor anecdote to relate though...
At the beginning of this year I managed to get 3 tickets - one each month for the first 3 months. January was for speeding & lane violation by town cop, second for speeding by State Patrol, and third (March) for lane viol. by State Patrol. Wasn't trying to get them but it could be related to the combination of sports car, Dr. Pepper, and loud rock 'n roll (unconfirmed theory). This offered a chance to apply some of what I've learned here at Planet Merrill. Not to keep you waiting though, I lost 2 and won one. 1 for 3. Now for the details.
FIRST. Told the town cop I was not showing the DL for identification. He must have found my words unusual because he then questioned my well-being. He must've doubted his own ability to make that determination as he radioed nearby EMT personnel to come & question me. They apparently found me sane enough, and the cop having conferred with another who arrived continued the questioning (like how I was known to others) & finally handed me a citation which I later timely R4C'd back to his boss with a copy to my court & evidence repository.
SECOND. Here again I tried not to identify with the fictional IT, the LEGAL NAME trust on the DL. But thinking back on it later, I failed when the officer asked if the car was registered in my name and I answered "yes." I R4C'd the citation timely back to his boss with a copy to my court & evidence repository.
THIRD. This stop was short, very little was said, and the officer had no objection to it. I R4C'd the citation timely back to his boss with a copy to my court & evidence repository.
Subsequently I received notice that the driver was convicted on 1 & 2 and must pay fines to avoid suspension. I paid the fines and the DMV also notified that driver must do safety training: http://i.imgur.com/3O7VG3U.jpg
On all notices there was nothing listed under "Court" heading.
Also of note, the State Patrol legal returned my original R4C citations 2 & 3 with a cover letter: http://i.imgur.com/za7xW3i.jpg
I did not appeal or do the payment option as directed; I ignored them. I never heard another word about citation #3 or paid its fine. That was my win. Hoorah for R4C!
Those are the facts and here is my take. It seems I'm too quick and ready to supply answers. If you're in this situation and later realize you may have answered wrong ... then consider appealing the citation and filing an affidavit of truth into the case. I've done that before and won (found "not responsible" when no prosecution showed). I should also say on citation #1 I forgot to R4C the back of the ticket (the instructions); could've been pivotal.
I am just bouncing off this #2 statement here, like David states record forming 101.
This description has been updated since I last been here: Legal name http://encyclopedia.thefreedictionary.com/Legal+name
Legal name is the name that identifies a person for legal, administrative and other official purposes. A person's first legal name generally is the name of the person that was given for the purpose of registration of the birth and which then appears on a birth certificate (see birth name), but may change subsequently. Most jurisdictions require the use of a legal name for all legal and administrative purposes, and some jurisdictions permit or require a name change to be recorded at marriage.
This is actually the most common method, since most women who marry do not petition a court under the statutorily prescribed method, but simply use a new name (typically the husband's, a custom which started under the theory of coverture where a woman lost her identity and most rights when she married (Really now? woman loose their identity and most rights when married).
The legal name may need to be used on various government issued documents (e.g., a court order). The term is also used when an individual changes their first or full name, typically after reaching a certain legal age (usually 18 or over, though it can be as low as 14 in several European nations).
A person's legal name typically is the same as their personal name, comprising a given name and a family name. The order varies according to culture and country. There are also country-by-country differences on changes of legal names by marriage. (See married name.)
Birth certificate: http://encyclopedia.thefreedictionar...th+certificate
Mary Elizabeth Winblad (1895-1987) birth certificate A birth certificate is a vital record that documents the birth of a child. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth. Depending on the jurisdiction, a record of birth might or might not contain verification of the event by such as a midwife or doctor.
History and contemporary times
A Soviet birth certificate from 1972.
The documentation of births is a practice widely held throughout human civilization, especially in China, Egypt, Greece, Rome, and Persia. The original purpose of vital statistics was for tax purposes (lol and still is) and for the determination of available military manpower.
Births were initially registered with churches, who maintained registers of births. This practice continued into the 19th century.[1] The compulsory registration of births with governmental agencies is a practice that originated in the United Kingdom in 1853.[2]
Most countries have statutes and laws that regulate the registration of births. In all countries, it is the responsibility of the mother's physician, midwife, hospital administrator, or the parents of the child to see that the birth is properly registered with the appropriate government agency.
The actual record of birth is stored with a government agency. That agency will issue certified copies or representations of the original birth record upon request, which can be used to apply for government benefits, such as passports. The certification is signed and/or sealed by the registrar or other custodian of birth records, who is commissioned by the government.
The right of every child to a name and nationality, and the responsibility of national governments to achieve this are contained in Articles 7 and 8 in the United Nations Convention on the Rights of the Child: "The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality..." (CRC Article 7) and "States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations..." (CRC Article 8).
[3]"...it's a small paper but it actually establishes who you are and gives access to the rights and the privileges, and the obligations, of citizenship" - Archbishop Desmond Tutu, February 2005.
I know of someone who made an "all rights reserved, without prejudice, by: given name" type thing for his DL: he typed that in the smallest font, printed it off, cut around the words, probably with an Exacto knife, affixed it to the DL, then laminated the DL. He says he was stopped two or three times, showed that to the officers, and was let off with "have a nice day" each time.
So the guy explained it like: this was his way of re-contracting on his terms and turned the DL into his personal copy of the agreement.