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Originally Posted by ADR3NALINE FIX
I have every intention of taking it to court. I called about 10 attorneys when I got home. (of course no one is in their office at this time of day)
Im going to fight it.
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Good.
Get mad, then get even.
Quote:
"Either we all hang together, or we all hang separately."
-Benjamin Franklin
"No one told you when to run,
You missed the starting gun."
-Pink Floyd
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You need the Will to Win. Think of it as Motorsports Psychology, that all winning athletes use to win. You have to BELIEVE you have a right to WIN. Then you have to do your homework (read some laws, develop a strategy for your case).
Your first trial can be a simple defense, then with later tickets you can use a more complicated defense.
It REALLY helps when you have family and friends who believe in your right to win in traffic court. Otherwise you might need nome new friends. If you believe in yourself, they are more likely to believe in you, especially when you start winning in traffic court. Maybe you'll even go to law school and get filthy rich, based on what you learn in traffic court.
Traffic court is also great practice for winning REAL trials later on. Usually there's no risk of jail if you lose in traffic court. But read the law to be sure. Otherwise seriously consider hiring a criminal defense lawyer.
Law is FUN once you realize you DO have Constitutional rights. You are standing up for the US Constitution, USA and highway safety, against the forces of Communism, Fascism, Globalism, Evil and Insanity. Retake the moral highground. That makes it easy to believe in your case, which makes it easier to win.
Most of what police and courts do is illegal according to their own laws. Catching cops and courts doing illegal things means YOU WIN your case. So THINK LIKE A COP.
Schools and the Media Mafia spend billion$ every year brainwashing the sheeple that they have no Constitutional rights. TV shows like Judge Judy and her husband's The Peoples Court brainwash sheeple how to LOSE in court. NEVER tell a judge what happened, that's called a CONFESSION TO A CRIME in traffic court. COPS TV is brainwashing to trick sheeple into confessing and acting like idiots (who make profitable slaves for the prison-industrial complex).
The cop, prosecutor and judge are NOT your friends! STRANGER DANGER. Think of the judge as Al Capone, who is not likely to refund the money his gangsters stole from you, at least not without a fight. The funny thing about gangsters, is they're terrified of The Law, so use The Law against them. The Constitutions are like a cross to a vampire, so use it or lose it.Traffic court judges love telling defendants, "You can't use the US Constitution in MY courtroom!" But appeals judges can't say that, so always be ready to appeal. Rules of Procedure are usually more powerful than any constitution or law or fact, in the lower courts.
Your first ticket trial defense is the hardest. Practice makes perfect. Winning is FUN! More fun than winning any ballgame. Like winning a semipro motor race with prize money. Traffic tickets trials are the easiest of all lawsuits to win.
Try to get a friend or family member to get written permission from the judge as a "member of the news media", to videotape every hearing in traffic court. Then post on Youtube and Google Video, so we can all learn from winning defenses.
If more folks fought their tickets, using the Rules of Court, then 99% of traffics would disappear. In my home city of Knoxville TN, KPD sues 200,000 annual tickets in a city of only 160,000 residents, not counting THP or sheriff. So cops and courts are too busy with traffic tickets to solve REAL crimes. Cops do have an extremely important job, and are extremely skilled at making arrests, and use of deadly force in self defense, but EVERY citizen needs these skills too. A cop's job is too important to waste on traffic tickets for the non-crime of driving safely without crashing. Most cops are killed during routine traffic stops, when hit by passing cars, or by crashing while chasing a car for a routine traffic ticket.
Police kill over 500 US citizens every year for routine traffic tickets, including 1/3rd innocent bystanders.
If cops cared about traffic safety, then all cops would be certified as First Responders and carry first aid kits and LARGE fire extinguishers. Instead, cops just stand around at crash scenes and watch victims die for lack of ambulance crews. Cops outnumber ambulances at least 10 to 1. More cops = less ambulances = more highway deaths.
Note: Telling a cop or judge, "I was only going 75 in a 70 zone" is called a CONFESSION TO A CRIME = YOU LOSE (perhaps). You are allowed to STFU under the 1st & 5th Amendments to the US Constitution and US Supreme Court. You MUST tell them your name and address, but that is all (like a POW - "name rank and serial number").
ALWAYS CARRY A HIDDEN AUDIOTAPE RECORDER AND USE IT DURING ALL TRAFFIC STOPS. (100% ACCURATE TESTILIE DETECTOR)
Buy a copy of the cops' in-car videotape. You might get lucky and catch him perping crimes (speeding etc), and not show your alleged crime. If you win, you can file a Bill of costs with the court clerk for a refund of most of your legal expenses.
Read the actual law you are accused of violating, CAREFULLY, and look for Essential Elements you did not violate.
Speeding has at least 8 Essential Elements. If a prosecutor skips 1 element, you win, IF you know how to make a Motion to Dismiss AFTER the prosecutor rests his case.
Read your court's Rules of Criminal Procedure, Rules of Civil Procedure and Rules of Evidence. These are usually more effective for winning than the US Constitution or state laws, or the facts.
Always sign your name according to Uniform Commercial Code 1-207, which is probably codified in your state's statutes on commercial transactions, Signing your name means you are signing a voluntary contract. All contracts MUST be voluntary. On driver licenses and traffic tickets, and court orders, or any adhesion contract, sign "under protest" or "under duress". This way you don't get arrested for refusing to sign, but you don't waiver your Constitutional rights, and you don't waiver one of your strongest legal defenses. UCC is based on 1,000s of years of Common Law and Contract Law.
Quote:
Uniform Commercial Code (UCC) § 1-207. Performance or Acceptance Under Reservation of Rights.
(1) A party who with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest" or the like are sufficient.
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Duress voids all contracts from their inception. Cops are salesmen, with each step fo the sale bringing a sucker closer to arrest. Learn how to just say NO, or how to STFU. Don't argue law to a cop, nor ask legal questions, since a cop is not a licensed lawyer. Read The Law for yourself, even when it reads like it was written by lunatics in a loonybin. Then make you own decisions as an informed adult.
Many states now admit that all traffic "crimes" are in fact civil, not criminal, as breach of civil driver license contract. Civil lawsuits use Civil Rules of Procedure, that allow civil counterclaims against police as part of the same traffic ticket lawsuit.
Traffic tickets are in fact frivolous civil lawsuits in need of tort reform, since there is no victim and no financial damages, thus no victim and no legitimate cause of action.
Government reports confess that speeding is SIX TIMES SAFER than driving a speed limit, and that eliminating redlights, stop signs and speed limit signs REDUCE crashes (and save billion$ of taxdollar$).
Driver licenses can only be required for commerical drivers "for hire". Many aircraft pilots, boat owners, scooter riders and govt vehicle drivers DON"T need a license to travel in public. You have a Constitutionally guaranteed God-given Right to Travel by any means, without payment of a license tax. Your right to travel is part of your right to own property. Rights do NOT come from government, government can only protect your rights. However, you can be suckered into voluntarily waivering your rights.
Most judges in USA do NOT have a license to practice law and never attended law college nor passed a bar exam, and some cannot even read, according to NY Times.
If cops perp a crime during a traffic stop, the cops must also be prosecuted, or all charges against you MUST be dismissed. Failure to prosecute police violates Constitutional Equal Protection doctrine under the 14th Amendment (which freed the slaves after the US Civil War). Cops can ONLY violate ANY traffic law if their emergency lights and siren are turned on.
You CAN file criminal charges against police at any time. The best defense can be a good offense. Use the cops' own in-car video to prove his crimes.

Cop In-car Video with GPS Speed = Cop busted perping 5 crimes in 30 seconds = Case Dismissed
Warning to Bikers and Cops on the Dragon by piratenews -- Revver Online Video Sharing Network
Video: Pastor Rick Strawcutter preaches How Any Idiot Can Beat A RADAR Speeding Ticket
Answer to Complaint for Traffic Ticket - State Court
Answer to Complaint for Traffic Ticket - Federal Court
How to Win in Traffic Court
How to Beat a Speeding Ticket - Free Ebook download by attorney Norman G. Fernandez at BikerLawyer.net
National Motorists Association Traffic Ticket Defense Kit - Includes essential pro se law books by
NoloPress.com
Video: Biker Actor John Quade on Voluntary Driver License contracts
Video: Carl Miller on Voluntary Driver License contracts
GeorgeGordon.org School of Common Law Radio Show - Driver License Contracts
Constitutional Right to Travel versus Voluntary Driver License Contracts by Police Officer Jack McLamb
Police Officer Jack McLamb Radio Show - Constitutional Law for Lawmen
Undercover Video: Tortured by Copsters in USA to Sign a Voluntary Contract
The Battle of Athens Tennessee - 500 citizens open fire and arrest 300 cops for bogus traffic tickets
City Council Massacred for 150 Traffic Tickets
How to Win in Traffic Court - Robocops Scamera Tickets Export 90% of Taxes to Australia
Video: How to Win 29 Trials in Traffic Court: The Blowjob Defense
The Prohibition Times: America's Secret History of the Current Prohibition of Alcohol