Due process and no insurance

G

Ghostbutler

New Member
Jurisdiction
Alabama
I was falsely imprisoned at the first trial to answer for the crime of failing to display insurance, So I appealed the case. I was not served with the complaint, I was told about it by the clerk. Do I need to file an answer?
 
Ghostbutler said:
I was falsely imprisoned at the first trial to answer for the crime of failing to display insurance, So I appealed the case. I was not served with the complaint, I was told about it by the clerk. Do I need to file an answer?
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Huh? What complaint?

It's more of a rhetorical question. You should be speaking to a criminal defense attorney.
 
Ok, so you were convicted of the crime of failing to display insurance after a trial, right? The judge then sentenced you to a jail term as a result. That's not false imprisonment. You had due process; the trial gave you the opportunity to challenge the state's case and evidently the court still found that the prosecution met its burden of proving the case beyond a reasonable doubt.

From the information on the Alabama judiciary web site I gather that your trial was held in district court. The appeal from the district court is made to one of the circuits courts. Contact the court and ask for a copy of the court's rules.

You mentioned a complaint, but a complaint is not part of the appeals process; it is instead the pleading filed by a plaintiff to start a civil lawsuit. A little more information on what you are getting at with the mention of the complaint would be helpful.

Ultimately, though, you should have an attorney representing you in this appeal. If you can't afford to hire an attorney the state should provide you one for free or low cost.

By the way, if the problem was that you didn't have insurance (and hence had no insurance card to show the cop and no evidence of insurance at the trial) and you argued at your trial that you are not required to have insurance, you will lose on that argument on appeal, too.
 
Municipal court. I was being harassed by the police officers as I had done a Recission of contract and mailed tickets back to the court. Over a month or so I couldn't leave the house without getting a ticket and compiled 10 or 12 of them. I plead not guilty and she held a mock trial, I was going to appeal but when I picked up the papers to file to appeal to the circuit court the magistrate stated that I would just get a judge just like her, this made me think that perhaps all the law I had been studying had been outdated or that law somehow doesnt exist in my town, so I didnt appeal. When went into the court after the time for appeal had lapsed the magistrate realized that I had 1 more court date pending and she called the officer to come to the court that day instead of the court day on the ticket, and as I was a bit nervous I had dry mouth and couldn't talk well so I stated I was going to get a drink of water before he got there so that I could argue and the magistrate began screaming for me to sit down and 3 officers in circled me and began screaming the same and I sat down. I asked several times for a drink and was not allowed and the mock trial proceeded at the end the court officers wanted me to sign a payment agreement and I told them I wasn't signing it and she came back and said well see you in five days.
 
Ghostbutler said:
I asked several times for a drink and was not allowed and the mock trial proceeded at the end the court officers wanted me to sign a payment agreement and I told them I wasn't signing it and she came back and said well see you in five days.
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The more you moan, groan, squeal, howl, and complain; the more difficult it'll become for you.

Hire yourself an attorney to try and get the best outcome available.

If you don't, you're destined to fail.

Choose wisely, otherwise surrender before the system rips you into tiny bits of nothing.
 
I'm just trying to stand up to my local bullying police force that are undoing our laws. Equal protection right? if I dont try to do something , nobody else will.
 
Ghostbutler said:
Municipal court. I was being harassed by the police officers as I had done a Recission of contract and mailed tickets back to the court. Over a month or so I couldn't leave the house without getting a ticket and compiled 10 or 12 of them. I plead not guilty and she held a mock trial, I was going to appeal but when I picked up the papers to file to appeal to the circuit court the magistrate stated that I would just get a judge just like her, this made me think that perhaps all the law I had been studying had been outdated or that law somehow doesnt exist in my town, so I didnt appeal. When went into the court after the time for appeal had lapsed the magistrate realized that I had 1 more court date pending and she called the officer to come to the court that day instead of the court day on the ticket, and as I was a bit nervous I had dry mouth and couldn't talk well so I stated I was going to get a drink of water before he got there so that I could argue and the magistrate began screaming for me to sit down and 3 officers in circled me and began screaming the same and I sat down. I asked several times for a drink and was not allowed and the mock trial proceeded at the end the court officers wanted me to sign a payment agreement and I told them I wasn't signing it and she came back and said well see you in five days.
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No. The problem is that you haven't understood what you've been reading.

1) You keep doing the same thing, so the police are going to continue ticketing you.

2) Perhaps you had a bench trial, but you certainly did NOT have a mock trial.

3) You refuse to pay your tickets, and you're rude in court - yeah, you're going to get to cool your heels, and NO, it's not false imprisonment.

You are your own worse enemy. Please get an initial consult with an attorney in your area because maybe they will be able to use sentences and words that you can correctly understand.

This may cost money.

Okay, in your case, it WILL cost money. But since you're just getting yourself in deeper do-do, you might as well be prepared to retain a lawyer.
 
welkin said:
I'm not at all familiar with Alabama law and don't understand how a ticket for no insurance or providing proof of insurance, in any way is a contract subject to recission.

Did you have insurance or not?
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He's a "sovereign citizen."
en.wikipedia.org

Sovereign citizen movement - Wikipedia

en.wikipedia.org en.wikipedia.org

Of course (and more likely) if you were simply trying to make a point, then ... YEP!
 
Ghostbutler said:
Municipal court. I was being harassed by the police officers as I had done a Recission of contract and mailed tickets back to the court.
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Let me tell you a truth you may not want to hear: those theories found on some anti-government web sites that claim you have to have a contract with government before it may enforce the law against you are all garbage. The statutes and case law are very clear: you are subject to federal and state laws whether you like it or not and no contract is required. I've seen a number of people make this and other sovereign citizen arguments and every single time those argument are rejected because they have no basis in law. Courts were smacking down those arguments decades ago and the law hasn't become any more favorable to those arguments today. The people that promote these theories out to the people who desperately want those theories to be true don't tell those visiting their sites, buying their books, etc that the law they say supports them is, at best extremely poor legal research and worse, often the promoters are deliberately misleading people to make a buck off them. They quote court opinions out of context, rely on old law that hasn't been good in decades or even a century (if that law ever existed at all). They grab money from selling these crack-pot arguments knowing full well that what they are pushing is crap.

Your life will be calmer and less expensive once you understand that complying with the law on vehicle registration, driver's license requirements, etc are not voluntary and the state can and will punish you if an officer observes you violating the law. The government does not need to prove a contract with you because a contract is not required and sending in a recission of contract is worthless because there is no contract to rescind.

Going down this path already cost you a few days in jail. The longer you persist in making those argument the more severe the penalties will get.
 
zddoodah said:
It's been a while since we had a really good sovereign citizen nut job.
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I'm dealing with one right now at work. He rented 3 units, paid once, and is now delinquent and heading to auction. He sent us a huge packet of nonsensical paperwork and a money order that he printed off his printer at home as payment. Um, no. You have to pay with real money. We're definitely going to wind up in court with this joker. Le sigh.
 
Ghostbutler said:
I'm just trying to stand up to my local bullying police force that are undoing our laws. Equal protection right? if I dont try to do something , nobody else will.
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The smart play here isn't to annoy, accuse, or molest law enforcement.

Wise citizens simply obey the laws.

If the law mandates having automobile insurance, only a babbling idiot would do otherwise.

The more laws you break, the more the law will break you, until you've destroyed yourself.
 

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