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May 20, 2009
Why Everyone Should Fight Traffic Tickets
By Martin Hill
Cities across the country are having budget problems, and have admitted that they are increasing traffic enforcement for the purpoose of revenue.
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Why You Should Fight Your Traffic TicketLuke 11:46 "But he said: Woe to you lawyers also, because you load men with burdens which they cannot bear"
I often speak of the importance of remembering the presumption of innocence in this country. So many people tend to think, perhhaps subconsciously, that when they "get a ticket" they have to "just pay it".
I have never written a summary about the reasons why I am so adamant about fighting traffic tickets. The incident that spawned my insistence on "pleading not guilty every time, for all time" happened in June 2001. I was driving home and came across some sort of checkpoint, reminiscent of nazi germany or Stalinist Russia; suspicionless warrantless checkpoints where they demand your 'papers please'. There was a long line of cars and the Police Dept. had an entire intesection shut down; they had temporarily changed the traffic signal to a flashing red signal, and put a uniformed traffic cop in the center of the intersection, waving motorists through to get to the checkpoint. I obeyed the cop's orders to proceed to the checkpoint, and when I got there the cop manning the checkpoint sneered with a big grin on his face, "there's someone behind you". It was a motorcycle traffic cop, who had given me a ticket for purportedly 'running a red light', (the light that the first pig had demended we all go through). This was such an outrageous and affrontive fraud operation that I jumped out of my car and started shouting that this was a bunch of bull#@$%.
That was not a wise thing to do, as today they are likely to blow your head off if you do such a thing. Nevertheless, I went home and got my camera to document this fraud,. when I got back to the intersection, there was an old white lady who was madder than a wet hen. The pigs had pulled the exact same fraud on her, and she had gotten her camera to document it as well. We exchanged phone numbers and planned on attending each other's trials, but I later misplaced her number.
At the trial, the commissioner as well as the entire court staff and observers thought my story was cute and amusing, but the commissioner said 'I doubt the two officers were working together to give you a ticket'. I don't think it's doubtful at all, since it's exactly what happened, but if the same were to happen today I would point out to the judge that I do not have to prove complicity or conspiracy on their part. it is not encumbent upon me to do so. I simply have to show that I was following a uniformed officer's lawful order to proceed through the intersection, so the second cop's charge was completely bogus and unfounded. I also would have appealed this phony ruling, and did a number of other things before trial.
Nevertheless, this was the incident that spawned me to vow that I would fight their system every time, for all time thereafter. Not only was it a bogus conviction which raised my insurance rates for three years, costing me over a thousand dollars, they were literally bearing false witness, and stealing; violating two of God's solemn Commandments on purpose.
I have beaten seven tickets in court since then, once in Superior Court of Appeals, (without a lawyer) where the appeals board (three superior court judges) ruled in my favor. I learned to fight smart, and hold our public servants accountable to their own 'laws'.
The system is a satanic system based on lies and inspired by the father of lies and deception and oppression, satan himself. I hope that these evil pig cops who lie daily and oppress so many people will repent for their own sake, and obey the laws of Jesus Christ.
Now I will tell a few true stories that I often share with people to illustrate the state of our country today.
After he "paid the fine", which in actuality meant he was pleading guilty to a misdemeanor, the court assigned him a probation officer, who then visited him regularly. The city then bothered him even more, threatening him for charges of chipping paint, grass too long, parking violations, and any other number of tyrannical nonsense.
The next week, however, Scott was busy with a sales appointment and neglected to show up. This was a very bad decision. Any time you have a court date and neglect to show up, increased fines are levied and additional charges are filed against you. They might also issue a "failure to appear" warrant for your arrest and put a 'hold' on your DMV driver license.
When Scott got these notices in the mail he was flabergasted and even more disgusted at this system. The next time he appeared in court he was forced to pay nearly six hundred dollars. The next time he pleads not guilty, he should consider the gravity of the situation. These people are not playing games. If you are going to engage them and make use of your right to trial, you had better take it seriously. Asserting your right to the "presumption of innocence" can be a very rewarding process, and is not very difficult if you do a little research, but you have to do it the right way.
VICTORIES
Here are a few victories that friends of mine have had after i told them about my traffic ticket victories.
Victor got a $300 speeding ticket and asked the cop for the county seat. the cop got very angry and demanded to know "why do you want it". Victor told the cop that he worked out that way and the cop eventually granted the county seat, which means that he has to drive 30 miles to court instead of 3 miles to the local court. This was the first time Victor was victorious in fighting a traffic ticket
Sylvia Smith had gotten a $600 traffic ticket (a bail amount which is obscene in itself) and decided to fight it. She requested a bail waiver at the clerk's window, ("I can't afford it right now"), which was granted. Some courts require that you see a judge in order to get a bail waiver, but her local court did not. She then filed what's called a 'TRIAL BY DECLARATION' (through the mail). The good thing about this is that, under the California vehicle code, if you lose a trial by declaration, you are entitled to a 'trial de novo', which means of new in latin. This is an entirely new trial, not an appeal of the first one. I have had several trial de novos after losing my trial by declarations.
Sylvia wrote three words on her trial by declaration: "I'm not guilty". She did this because the state can not dictat what you write in your defense, so you vcan write whatever you want. If she had written her entire defense on her trial by declaration and then lost that case, the officer and prosecutor would then know her defense in advance of her trial in person, if she opted to have one. The cop in Syllvia's case did not submit hsi required paperwork for the trial by declaration, so she won the case. Sylvia was ecstatic and could not believe that she won her case without ever taking the day off work for court or paying the bail. it was the first time she had ever fought a ticket and I would guess not her last.
John Shanahan had gotten a seat belt ticket and questioned the officer on the side of the road why he was snooping into his vehicle without probable cause. John argued against the very idea of such nonsense laws which do not prevent anyone's person or property from being damaged. he asked if the sherriff swore an oath to the Constitution, to which the cop said no. John later called the sherriff's office , who faxed him a copy of the oath that all sherriff's swear to, which despite the officer's denial does indeed include an oath to the California as well as U.S. Constitutions. John then got a bail waiver and submitted his trial by declaration, stating. The officer did not submit his paperwork, (probably out of embarassment) so John won the case. Full story on this case can be found here.
Paul Lopez recently beat a red light camera ticket. This particular ticket involved turning right on a red light. A lot of these red-light camera tickets are issued to motorists who allegedly do not make a 'complete stop' before turning right on red. Paul was driving his mom's car, but the ticket was issued to his mom because she was the registered owner. She showed up to court and the judge dismissed it because the driver in the photo was not her, but then the court scanned their records and found that a male was listed as having lived at the same address and mailed another ticket to Paul (I don't know if that is even legal).
He got the maximum number of extensions, used the discovery process in preparation for the case, and printed out the list of questions from the free site HelpIGotaTicket.com/. These are the questions that the defendent will ask the witness (cop) in court during trial. If you use the system's own b.s. 'laws' and minutia against them, they will most likely, in my experience, LOSE. They're 'law enforcement', after all, so surely they love it when we use their 'law' against them, right? ;-) Paul's story can be found here.
I hope you have found this information helpful. Check out the links below also. Please note that I am not a lawyer, nor would I want to be one.
Ecclesiastes Chapter 5:7-8 If thou shalt see the oppressions of the poor, and violent judgments, and justice perverted in the province, wonder not at this matter: for he that is high hath another higher, and there are others still higher than these: Moreover there is the king that reigneth over all the land subject to him.
Related Links: RED LIGHT CAMERA TICKETS DEFEATED IN CALIFORNIA How I Beat A Cell Phone Ticket In California [Video] Martin Hill on GCN Live with 2004 Libertarian party Presidential Candidate Michael Badnarik 1/28/09 discussing fighting traffic tickets Martin Hill with Christie Czajkowski of TruthBrigade.org 3/11/09 discussing fighting traffic tickets Video: IT'S NOT ILLEGAL TO FILM COPS. RESIST ILLEGAL ORDERS- ASSERT YOUR GOD GIVEN RIGHTS Change of Venue: An Easy Way To Beat A Traffic Ticket (Great Preemptive Measure) The article below is one that The Press Enterprise interviewd me for. Unfortunately it had a grossly misleading & innacurate headline: My explanation of the above article and interview is here: CONSTITUTIONALIST BEATS SEAT BELT TICKET IN CA The Fraud of Seat Belt Laws: CHECKPOINTUSA.ORG (Excellent site!]. COPS ARE UNDER NO OBLIGATION TO PROTECT ANYONE. Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone[click here CALIFORNIA DREAMING: Police have no obligation to protect any individual from harm POLICE ADMIT PLANTING GUNS AND DRUGS IN CARS, LAUGH ABOUT IT The Brett Darrow Case "Traffic rules account for most of the contact by average citizens with law enforcement and the courts. Enforcement of laws which are widely perceived as unreasonable and unfair generates disrespect and even contempt toward those who make and enforce those laws." The Appellate Department, in People vs. Goulet But he said: Woe to you lawyers also, because you load men with burdens which they cannot bear and you yourselves touch not the packs with one of your fingers. Authors Bio: Catholic paleo-libertarian from California., promotes limited government and civil liberties |