Speeding

[Scooterdog]

What does contract law have to do with a speeding ticket? Completly ireelavant,traffic court in North Carolina is very informal. You dont file motions, you moron.

An idiot like you may not, but those of us who have been in the court on more than one occasion, and won, would.

What does contract law have to do with a speeding ticket?

Your not the sharpest tool in the shed are ya? :roflmao:

Once you default the prosecutor, and you will, you THEN file the motion to dismiss. Let me explain it so even you can understand it:

There is very little question of the prosecutor's default, and when he or she defaults by not legally rebutting your claims, the law says that,- the prosecutor must thereafter accept your claims as being the truth. The prosecutor's claims against you are legally voided upon his default. If we were dealing with an honest court system then, that would be the end of things. The prosecutor would simply notify you and the court that, he must drop the charges against you and clear the record. Unfortunately, the court system is not so honorable and you will have to appear in court to force the judge to dismiss your case based on the default.

The judge knows that he was placed on the bench to collect money for the state, county or city by upholding and perpetuating the traffic fraud. If the judge were to admit that he was dismissing your case because, the prosecutor could not rebut your legal claims that you are not subject to the traffic code, and that the court has no jurisdiction over you then, he would be admitting to his active participation in the state's fraud and extortion racket. For this reason don't expect the judge to sit there and say that he or she is dismissing your case based upon the prosecutor's default

A Judge's preferred method to dismiss a case where there is a default of the prosecutor using common law default is to just inform the officer his testimony is not needed in court concerning this case. If the cop can not come to court to testify against you then, the judge must dismiss.

Move for dismissal: "I move this court to dismiss based upon the lack of controversy in this case, pursuant to the default of the prosecutor." It is primarily up to you to get your case dismissed in court. If you don't ask the judge to dismiss your case then, it is very unlikely that the judge will just volunteer dismiss it, especially with a prosecutor present.

If you have a prosecutor in court, it is the prosecutor's job to object to your motion. If the prosecutor just makes some statement about your common law default being just a bunch of gibberish, nonsense or is frivolous, inform him and the court that the burden of proof is upon the state and that the prosecutor must prove his claim by facts supported in law.

 

[CdwJava]

See: Connally v. General Construction Co., 269 U.S. 385,391. Notification of legal responsibility is "the first essential of due process of law". See also: U.S. V. Tweel, 550 F.2d.297. "Silence can only be equated with fraud where there is a legal or moral duty to speak or when an inquiry left unanswered would be intentionally misleading."

Uh ... have you actually read the entirety of this case from 1926?

LAST: If you disagree with anything in this letter, then rebut that with which you disagree, in writing, with particularity, to me, within 10 days of this letter's date, and support your disagreement with fact, evidence and Constitutionally based law or case law. Your failure to respond, as stipulated, is your agreement with and admission to the fact that everything in this letter is true, correct, legal, lawful, and your irrevocable admission attesting to this, fully binding upon you in any court in America, without your protest, objection, or that of those who represent you.

Yeah, we get that one all the time. It's common for people who make a claim against local government and do not adhere to state or federal law with regard to proper procedure. Unfortunately, SAYING that a government agency or their rep. has ten days to respond does not make it so. In fact, in many states a local agency may be stautorily prohibited from providing adequate response (such as in the instance of a personnel complaint alleging some measure of malfeasance).

Sorry. These fall flat. I know you don't think so, but, they do.


- Carl

 

[Green_Hornet]

An idiot like you may not, but those of us who have been in the court on more than one occasion, and won, would.

Those that have been to court for a contract infringement. Tell us where this contract is smart guy. Where does a contract fall into play with a speeding ticket?
You want argue contract breach in traffic court,and I am an idiot?

 

[Scooterdog]

Uh ... have you actually read the entirety of this case from 1926?


Yeah, we get that one all the time. It's common for people who make a claim against local government and do not adhere to state or federal law with regard to proper procedure. Unfortunately, SAYING that a government agency or their rep. has ten days to respond does not make it so. In fact, in many states a local agency may be stautorily prohibited from providing adequate response (such as in the instance of a personnel complaint alleging some measure of malfeasance).

Sorry. These fall flat. I know you don't think so, but, they do.


- Carl

Sorry Carl, but it works in Cal, and I'm trying to find the case for you now. Will post it when I have it. I believe the case was in Riverside Cal, and the judge said something to the affect: "good cause exists to dismiss case due to lack of prosecution."

Action Date
Action Text
Disposition
Hearing Type

04/27/2007 1:30 PM DEPT. T1
COURT TRIAL
DISPOSED
TRIAL



Minutes


HONORABLE JOHN J. GALLAGHER PRESIDING.

COURTROOM ASSISTANT: CAS-C. SMITH

COUNSEL/PARTIES STIPULATE THE JUDGE PRO TEM/COMMISSIONER, AS INDICATED ABOVE, MAY HEAR THIS MATTER.

OFFICER D FORTNEY NOT PRESENT.

DEFENDANT PRESENT.

AT 2:17, THE FOLLOWING PROCEEDINGS WERE HELD:

COURT FINDS GOOD CAUSE EXISTS TO DISMISS CASE DUE TO LACK OF PROSECUTION

COUNT(S) 01 DISMISSED IN THE INTEREST OF JUSTICE. (1385 PC)

CASH BAIL EXONERATED.

DEFENDANT RELEASED.

I can't seem to find the case #, but will keep looking. It listes the dates of each filing but thats it.

04/25/2007
COURT ON 4-27-07 AT 1:30 DEPT T-1



04/25/2007
ACTION TO BE TAKEN PENDING TRIAL.ALL TO BE IN



04/25/2007
BE HEARD PRIOR TO TRIAL ON 4-27-07.NO OTHER



04/25/2007
JUDGE ORDER DATED 4-25-07.MOTION TO DISMISS TO



04/24/2007
FILED: AFFIDAVIT OF TRUTH BY DEFENDANT



04/24/2007
FILED: MOTION TO DISMISS WITHOUT PREJUDICE BY DEFENDANT



04/05/2007
FILED: ACCEPTANCE OF CONSTITUTIONS & OATH OF OFFICE



04/05/2007
DECLARATION OF DEFENDANTSS STANDING FILED BY C**.



04/05/2007
DECLARATION OF DEFENDANTS STANDING FILED BY DEFENDANT.



04/05/2007
FILED: ACCEPTANCE OF CONSTITUTIONS AND OATH OF OFFICE



04/04/2007
OFFICER(S) SUBPOENAED.



03/12/2007
TRUST 159.40 RECEIVED FROM DEFENDANT



03/12/2007
OFFICER(S) SUBPOENAED FOR COURT TRIAL, WHICH HAS BEEN SET 04/27/2007 @ 1:30.



03/12/2007
COUNTER ARRAIGNMENT - DEFENDANT ARRAIGNED ON INFRACTION CITATION.



03/12/2007
PLEADS NOT GUILTY TO COUNT(S) 01.



03/01/2007 12:30 PM DEPT. MV2
CALENDAR ADD ON: REQUEST NOT GUILTY PLEA AND TIME TO POST BAIL
DISPOSED



Minutes


HONORABLE ROBERT M. PADIA PRESIDING.

COURTROOM ASSISTANT: DB-D. BRAYLEY

DEFENDANT IS NOT PRESENT.

NO ACTION TAKEN.

DEFENDANT RELEASED.



12/27/2006
DATE TO APPEAR IS CONTINUED TO 03/12/2007. REASON: DOUBLE EXT AT WINDOW



12/07/2006
CITATION (IMAGED)



12/07/2006
LOCATION: WINCHESTER X PROMENDADE NO



12/07/2006
CITATION FILED BY MVNDB

 

[Scooterdog]

Those that have been to court for a contract infringement. Tell us where this contract is smart guy. Where does a contract fall into play with a speeding ticket?
You want argue contract breach in traffic court,and I am an idiot?

Well, yes I do think you're an idiot. Your lack of legal knowledge, then resorting to worthless post's such as yours, proves this.

It's not my fault that you don't understand what I'm showing you, that is YOUR fault. Get educated in law and legal procedure, then come back, you might be able to actually contribute something worth while. Stop throwing a fit because it's over your head.

 

[Green_Hornet]

Well, yes I do think you're an idiot. Your lack of legal knowledge, then resorting to worthless post's such as yours, proves this.

It's not my fault that you don't understand what I'm showing you, that is YOUR fault. Get educated in law and legal procedure, then come back, you might be able to actually contribute something worth while. Stop throwing a fit because it's over your head.

No contract law in traffic court lets get back to YOUR WRONG.

 

[Scooterdog]

No contract law in traffic court lets get back to YOUR WRONG.

LMAO! Prove me wrong dummy! You can't. Again, you show your ignorance in legal procedure, and clearly don't have a clue about the default process. Sorry for you.

GH will never prove me wrong, because I'm not wrong. GH can say whatever, but has not shown where I am wrong, but rather post's lies and makes immuture statements like "your wrong" without showing ANY evidence of it.

Of course, if I were wrong, gh could prove his claim, but, he just can't. sorry bud, you just ain't got what it takes:KNOWLEDGE. Good luck though.

Also Greenloser, your not in traffic court at first. What is wrong with you? Can't you read? You default the prosecutor, you're not argueing the damn ticket dummy, you're arguing the fact that the prosecutor defaulted, and the court must dismiss. But I guess this is just to complicated for you to understand.

 

[SBroadway]

I got pulled over for going 79 in a 55mph zone. I live in NC due to the fact that I am a US Marine stationed in Camp LeJeune. Can I use Prayer for Judgement or Reduce to 9 over?
When I got pulled over, another vehicle behind me was pulled over as well. It just so happens that the vehicle had been tailgating me for the past five miles or so, and because I was focused on that suv I failed to notice the change in the speed limit. It had dropped from 70, to 60, to 55. Can I use this to get my speeding violation reduced?

 

[Scooterdog]

Check this out:

http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0020

 

[irish223]

S. Broadway -- You should start a new thread with your question. Most people won't ever see it when it's at the end of someone else's thread.

 

[bran76]

I live in NC. I agree with GreenHornet. Go to the DA. Get some help. It is that simple.