If you have a Driver License contract, and have been served process of a summons
to court with a complaint ("traffic citation"), you are being sued for alleged
"breach of contract". The existence of that Driver License contract grants the court
jurisdiction as a condition of that contract, and (at least initially) denies you a
right to a jury trial, and grants the single judge "equity jurisdiction" (no jury) to
decide the fate of the contract dispute ("Alternative Dispute Resolution, a/k/a
administrative "Mediation", NOT a "Trial by Jury"). If you have a private contract
for vehicle insurance, a condition of that contract is the voluntary purchase of a
Driver License contract, which likewise grants the court jurisdiction, since the
insurance corporations are "regulated" as "interstate commerce", which includes
all their voluntary customers.
If you lack a Driver License contract (and lack an insurance contract), the
"corporate-government person" suing you is suing your for a "tort" (damages).
Civil Tort Law is very different than civil Contract Law, or Criminal Law
(Constitutional Law). Note that "illegal (criminal) aliens" without US-state-issued
Driver Licenses have US Constitutional rights (and State constitutional rights),
but American citizens with Driver-License contracts do not (since they
"voluntarily" waivered those rights).
"The decision warns, however, that the first violation of 8 U.S.C. § 1325(a) is a
misdemeanor, and that if applicable state law authorizes law enforcement officers
to arrest for misdemeanors only if committed in their presence, they would not be
authorized to arrest aliens for illegal entry (unless the officers should happen to
know that the alien had previously been convicted of illegal entry) unless they saw
him/her cross the border. The disappointing aspect of Gonzales is the statement
that an alien's 'inability to produce documentation does not in itself provide
probable cause (to arrest).' See Gonzales v. City of Peoria."
—US Department of Justice, United States Attorneys Manual, Criminal Resource
Manual, Title 9, §1918 Arrest of Illegal Aliens by State and Local Officers
By definition, traffic CITATIONS are NOT "criminal" matters, and no
imprisonment can apply if you lose in court, UNLESS you sign a contract to agree
to pay a (CIVIL) judgment fine and court costs, then you default on that
"voluntary" CIVIL contract, resulting in imprisonment for CIVIL contempt of
court (as you agreed to do as conditioned in the "fine print" of that contract).
Understanding Contract Law is the goal of this game, NOT using Constitutional
Law, which does NOT apply (so IGNORE the court's and judge's LIES and
fraudulent misrepresentations that traffic and police "citations" are CRIMINAL
matters (i.e., "crimes"). "Misdemeanors" that did NOT INITIALLY result in
immediate arrest and incarceration are NOT "crimes", they are "contract
disputes" under "Roman CIVIL Law" (which was deadly enough to feed the
innocent Christians to the lions and the gladiators in the Roman Coliseums).
The first slaves sold on the auction blocks in America were white European
"indentured servants", who signed "bank-loan contracts for debt", in exchange for
their freedom ("liberty") and the freedom of their spouses and children. They were
stripped naked and sold in public to the highest bidder, and families split apart
forever. As slaves they were routinely tortured and murdered at the whim of their
owners. This American slave trade was officially legalized by the enactment of the
US Constitution, under it's "Contract Clause". Even the US Constitution defines
"slavery" as equal to "indentured servitude".
"No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of
Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold
and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post
facto Law, or Law impairing the Obligation of Contracts, or grant any Title of
Nobility."
—CONSTITUTION OF THE UNITED STATES, Section. 10.
"No amendment shall be made to the Constitution which will authorize or give to
Congress the power to abolish or interfere, within any State, with the domestic
institutions thereof, including that of persons held to labor or service by the laws
of said State."
—CONSTITUTION OF THE UNITED STATES, Article Thirteen. [Proposed 1861;
Endorsed by Lincoln while president-elect; Unratified]
slavery. 1. A situation in which one person has absolute power over the life,
fortune, and liberty of another. 2. The practice of keeping individuals in such a
state of bondage or servitude. Slavery was outlawed by the 13th Amendment to the
US Consitution.
—Black's Law Dictionary, 7th Edition
"Neither slavery nor involuntary servitude, except as a punishment for crime
whereof the party shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction."
—CONSTITUTION OF THE UNITED STATES, Article. XIII., Section. 1. [Proposed
1865; Ratified 1865]
involuntary servitude. The condition of one forced to labor -- for pay or not -- for
another by coercion or imprisonment.
—Black's Law Dictionary, 7th Edition
servitude. The three types of servitude are easements, licenses, and profits. See
EASEMENT; LICENSE; PROFIT.
—Black's Law Dictionary, 7th Edition
license. 1. A revokable permission to commit some act that would otherwise be
unlawful.
—Black's Law Dictionary, 7th Edition
"'Enterprise' means any individual, sole proprietorship, partnership, corporation,
business trust, union chartered under the laws of this state, or other legal entity,
or any unchartered union, association or group of individuals associated in fact
although not a legal entity, and it includes illicit as well as licit enterprises, AND
GOVERNMENTAL, as well as other, entities."
—Racketeer and Corrupt Organizations Act (RICO), TN CODE 39-12-203 (state
RICO Act) and US CODE TITLE 18, PART I, CHAPTER 96, Sec. 1961 (federal RICO
Act)
"The people never give up their liberties but under some delusion. The only thing
necessary for the triumph of evil is for good men to do nothing."
—Edmund Burke
By definition, to volunteer for a Driver License, a person must sign a (slave)
contract agreeing to waiver their freedom and liberty to travel (a freedom that
existed for thousands of years before the first Driver Licenses for COMMERCIAL
truck drivers in the 1930s), and to accept that when they attempt to travel, they
are thereafter literally perpetrating a crime with every mile that they drive. Does
making a contract with Gangster Government sound like a "good deal" to you?
This Answer to Complaint mainly applies to those drivers who actually have a
state-issued "Driver License" contract, rather than those who choose to not
volunteer for such a civil contract (by YOUR voluntary decision, NOT by the state's
unilateral decision to cancel a pre-existing contract for alleged breach of
contract). Contracts are by definition "CIVIL matters", under the Contract Clause
of the US Constitution, using the (ratified-under-duress) 14th Amendment ("to
free the slaves") to apply that "God-given right to sign a contract to be a slave"
("indentured servitude") to the citizens of the States. According to the US
Constitution, contracts always trump the federal and state constitutions. Thus, if
you "volunteered" for a Driver License contract, as proven by your signature on
that license (and vehicle registration), then you waivered all your "Constitutional
Rights" (other than your right to contract), and thus cannot plead any rights
named in the constitutions, or risk criminal conviction for alleged "civil"
contempt of court by making a "frivolous argument" (unless you can prove you
were forced to sign that Driver License contract under fraud and threats of duress,
which instantly void every coerced contract).
For those without a Driver License contract, the proper procedure to dispute a
traffic citation might be a "Non-Statutory Abatement" disputing the lack of
subject-matter jurisdiction, in a signed Affidavit (with your identity confirmed by
signature and seal of a state-certifed notary public), mailed to the deputy sheriff
("cop"), or to the state or municipal or "metro" "police officer" (actually a private
corporate security guard, since they are not named in state constitutions), and to
the prosecuting attorney, but NOT mailed to the court clerk. Or, such a driver
might plead this in a written Answer to Complaint, filed BEFORE the trial date
with the court clerk, but ONLY if done as described in this news article, to avoid
entrapment into the court's "personal jurisdiction" by making a "Special
Appearance" to contest the court's jurisdiction, not as a "General Appearance" to
answer the complaint.
In Traffic Court, trying to win your case using the court's ALLEGED CRIMINAL
Rules of Procedure (pleading "guilty" or "innocent"), when in fact ALL traffic
tickets are by definition CIVIL cases using CIVIL Rules of Procedure, is like a
person trying to win a game of baseball against an opposing team and referee
playing by the rules for full-contact FOOTBALL. "If you want to play with the Big
Boys, you have to know how to play the game," as the US Air Force JAG (Judge-
Advocate General) threatened my wife during her Congressional complaints
proving billions of dollars in Fraud, Waste and Abuse of taxpayer funds. We won
that particular game. The following self-help legal information may help level the
playing field for you, as well as telling you which stadium to play in.
The following legal document can be tailored to defend against many types of
traffic "prosecutions" and many types of courts, jurisdictions or nations. USA's
legal system was derived from English common law, as it existed in the 1700s,
though now it has become fraudulently subverted into Roman Civil Law (all crimes
are "corporate" crimes, all names are "corporate" names (written in ALL CAPS),
and thus all "crimes" are now breach of civil contract for alleged debt).
Be sure to make audiotape recordings of all communications with police,
attorneys, prosecutors and judges, including during traffic stops by police
(the perfect "lie/BS detector" with 100% accuracy).
The following document was successfully used to set legal precedent in USA for so-
called "indigent" defendants to pay ZERO fines and court costs despite "losing"
traffic tickets in court. In USA, the "Homestead Exemption" applies to all
courts, including state and federal civil courts, federal bankruptcy court, and
traffic courts. Rich elites commonly use Homestead Exemptions when they are
technically "indigent" after placing all their assets into "trust funds". States like
Florida allow a person to own a million-dollar home and still claim "indigency" via
Homestead Exemption. Declaring "indigency" also helps avoid massive appeal
bonds for appealing routine traffic tickets.
The biggest danger is being jailed for alleged civil contempt of court order, when
you can't afford to pay any type of civil judgment. Judges fraudulently allege civil
contempt of court is the same as criminal contempt of court (such as cursing in
court). This court order results in life sentence on Death Row in Debtors' Prison,
without right to bail, no right to a lawyer, no right to a jury, no right to appeal, no
right to medical care. My brother, who is a trial lawyer ("barrister"), was
"convicted" of civil contempt for inability to pay $80,000 contract for attorney fees
owed by his ex-wife. So he spent 12 days in jail, until the money could be extorted
from my family, and his law license was suspended during that time ("reinstated"
upon court-ordered release from jail on the contempt of court charge). People are
scared of Homeland Security Control Acts, but civil contempt of court is far more
dangerous.
He should have listened to me when I warned him how to avoid that problem. And
that's what anyone risks who volunteers for a government marriage-license
contract (making the government a full partner in the now-bigamous marriage),
rather than a religious marriage performed by a non-501c3-tax-status church and
preacher (who cannot say "By the power vested in me by the State of..."), thus
denying a "Divorce Court" (Chancery Court of equity in Tennessee) "subject-matter
jurisdiction".
But what do I know, I'm not a licensed lawyer (but I do win in court "pro se"
(without a lawyer), which is technically a license to practice law for anyone on a
case-by-case basis, and any person can become an "attorney-in-fact" (versus
"attorney-at-law") for any other person in any court).
Tailor the following document with relevant facts, names, addresses and dates.
Type it single sided, with double-spaced lines of text. It must be filed with the clerk
prior to appearing in court. Exhibits may be stapled to this document, then
entered into evidence during the court hearing.
Go to your local public law library or to www.findlaw.com to copy the exact
statute, code or ordinance allegedly violated. (When any library receives public
records, it MUST be made open to the general public, according to the dean of
University of Tennessee Law Library in Knoxville, Tennessee.) The law library will
also have some good self-help legal books in the Reference Section, which you can
read but cannot check out (or just go to a bookstore).
Use a law dictionary to look up words that have double meanings (you may define
them in your written court pleadings). Also copy the Annotated Rules of Civil
Procedure (not online, library only), to read which Rules of Procedure are required
for appeals from lower courts (probably Civil not Criminal Rules). Get a copy of
your Local Court Rules and read them to avoid any simple mistakes that might
irritate a judge (in Knoxville, you must get the fraudulent "Rules" published by
City Court (ignore them), AND go to Knox County Circuit Court Clerk in City-
County Building for a free copy of Knox County General Sessions Court Local Rules
(required for use in City Court), but beware the fraudulent trap/lie of General
Sessions Court clerks who fraudulently allege that there are no such Local Rules
(go instead to the Circuit Court clerk, who is actually in charge of the Sessions
Courts).
Go to both lower court and a state ("county" circuit/superior) court, watch the
procedures and rules, and compare the difference between the two. Watch what
the lawyers do in state court. NEVER act like the dumbed-down sheeple in traffic
court: It is impossible to "plead guilty" or "innocent" under Civil Rules of
Procedure. Watch how the judge defrauds 100% of the sheeple in Traffic Court
using fraudulent misrepresentation of bogus Local Court Rules (in Knoxville City
Court, its bogus Local "Rules" are displayed on the walls and on its website).
Spectating is FREE. Bring a seat cushion. Tape recorders (audio and video) are
"technically" illegal without prior approval from a judge. Make notes on paper.
Watching Judge "Raving Bitch" Judy on TeeVee (as a UTK bumper sticker called
her) will only brainwash you that you have no Constitutional or procedural rights,
and no right to a jury, and that you are a moron. That is the only purpose of such
fraudulent disinformation in the Idiotbox.
Watching COPS shows on TeeVee (watch the "Running Man" get beaten to a bloody
pulp, or see innocent bystanders massacred by police chases for routine CIVIL
alleged traffic arrests for breach of bogus contracts) also dumbs sheeple down,
although occasionally you might see an example of a non-cop making a Citizen's
Arrest (cops can NEVER arrest ANY person for a misdemeanor committed outside
the cop's presence), or some other insider tips leaks out past the editors/censors.
At the law library, read the Pattern Jury Instructions for state court. This will tell
you the mandatory "Essential Elements" the prosecution MUST enter into evidence
BEFORE you present your defense. Prosecutors routinely fail to do this, and just
fake it, and judges routinely allow this fraud to continue. Use a checklist, and when
the prosecutor skips a step, DON'T object immediately. Wait until the prosecution
"rests its case in chief." Then, BEFORE you present any evidence, and BEFORE you
read this document to the judge, verbally make a Motion to Dismiss ("I Move the
Court to Dismiss") for failure to prosecute and failure to enter into evidence the
Essential Elements. If the prosecutor and judge wants to let the prosecutor reopen
its case in chief, OBJECT strongly, and NEVER agree to a voluntary contract to
waiver this requirement.
If the judge overrules your objection, THEN read the following "into the record"
(YOUR audiotape record) and into the judge's ears. Judges are allowed to ignore
the law and make up their own law in every case, UNLESS the defendant (or
lawyer) forces the judge obey the law. This is done by filing pleadings (papers)
writing down the exact wording of the law in that particular case, and by
SPEAKING the law to the judge in court, since a judge is allowed to NOT read or use
his own court file on a case (and judge's are lazy).
The judge will allege and threaten that a defendant is not allowed to say the word
"Constitution" in any courtroom. This is simply a fraudulent attempt to bait-and-
switch a defendant into a "voluntary" civil contract. The right to enter into civil
contracts is specifically named in the US Constitution and in state constitutions,
so the Police State NAZIs (National Socialists/Communists) fraudulently trick
drivers into losing in court using illegal duress to sign away Constitutional rights.
Driver Licenses and vehicle registration tags are both "voluntary" civil contracts
that require contractees to obey 1,000's of contract clauses. However, the law
clearly requires that all civil contracts make a "meeting between the minds," or
else that contract is void from the beginning for failure of consideration (Uniform
Commerical Code (UCC) has been adopted/codified in all state statutes, codes and
ordinances).
So, by "volunteering" for a Driver License contract, it is a "frivolous" argument to
use Criminal Rules of Procedure for "misdemeanor" traffic ticket defenses
(inluding Constitutional arguements), rather than "felonies" (common-law
"crimes"). So simply win using the Civil Rules of Procedure and
UCC/statutes/codes/ordinances. However, Constitutional arguments may be
allowed on appeal, WHEN you bring them up in a lower court, since judges must
listen to Constitutional arguments ONLY AFTER ALL other arguments have failed.
In this Catch-22 situation, the Constitutional argument MUST be made in the
lower court first, or the appellate court WILL BE REQUIRED to ignore it on appeal.
So, when a lower court judge says you cannot say the word Constitution in "his" or
"her" court, you MUST OBJECT AND "make an Offer of Proof", which is simply a
legally proper Rule of Procedure to ignore the judge's order, and make your
Constitutional (or any other) argument "on the record". The judge can still ignore
it in the lower court (he will be fired if he routinely obeys the law for failing to meet
his illegal quota), but Offers of Proof preserve the record on appeal, AND makes it
clear to the judge that you can win an appeal (thus it is a waste of the governments'
time AND MONEY to try to fight you in court, and lose: It's no longer profitable to
extort you).
If you lose in Traffic Court, and you want to appeal, you have 10 days to file Notice
of Appeal with the lower court. You must also file a WRITTEN "Demand for Jury
Trial" in the state ("county") court within 10 additional days (your court might
have slightly different time limits or rules). Simply asking the court clerks to be
entered in the computer for a jury trial is allegedly NOT good enough (but in
Tennessee, Civil Rules of Procedure clearly order that it is good enough to write
"Jury of 12 Demanded" in the caption of your Answer to Complaint in state court).
All juries have the power of so-called Jury Nullification of ANY law in EVERY case,
as clearly written in Tennessee Pattern Jury Instructions, approved by Tennessee
Supreme Court (judges ignore ALL laws using "judicial nullification" in their
alleged role as "the 13th juror").
When you are ready for REALLY Closing The Deal, you may also file a
COUNTERCLIAM in your Answer to Complaint, and SUE THE
POLICE/GOVERNMENT for breach of contract, fraud and everything else the law
allows defendants in ALL civil lawsuits. This is perhaps the REAL reason judges
are terrified that sheeple will learn the facts about traffic citations being CIVIL
matters.
You are also allowed FINANCIAL SANCTIONS after you win your defense, when
you prove the traffic ticket was a frivolous civil prosecution. Pro se's are not
allowed reimbursement for "lawyer fees", but you are allowed legal expenses. You
simply make a Motion for Sanctions after your case was dismissed, and present an
itemized bill for your travel costs, copy costs, transcription costs, photography
costs, etc. If you hire any legal professionals (or if your friends get a Notary ("Court
Reporter") license for $100), you can be reimbursed at $100/hour or more for their
bill for transcription services, which can easily total thousands of dollars in profit.
Good luck,
John Lee
editor, PIRATE NEWS
Lee Paralegal Investigations
Idiotbox Wars CATV
Winners Web Design
Knoxville, Tennessee, USA
to court with a complaint ("traffic citation"), you are being sued for alleged
"breach of contract". The existence of that Driver License contract grants the court
jurisdiction as a condition of that contract, and (at least initially) denies you a
right to a jury trial, and grants the single judge "equity jurisdiction" (no jury) to
decide the fate of the contract dispute ("Alternative Dispute Resolution, a/k/a
administrative "Mediation", NOT a "Trial by Jury"). If you have a private contract
for vehicle insurance, a condition of that contract is the voluntary purchase of a
Driver License contract, which likewise grants the court jurisdiction, since the
insurance corporations are "regulated" as "interstate commerce", which includes
all their voluntary customers.
If you lack a Driver License contract (and lack an insurance contract), the
"corporate-government person" suing you is suing your for a "tort" (damages).
Civil Tort Law is very different than civil Contract Law, or Criminal Law
(Constitutional Law). Note that "illegal (criminal) aliens" without US-state-issued
Driver Licenses have US Constitutional rights (and State constitutional rights),
but American citizens with Driver-License contracts do not (since they
"voluntarily" waivered those rights).
"The decision warns, however, that the first violation of 8 U.S.C. § 1325(a) is a
misdemeanor, and that if applicable state law authorizes law enforcement officers
to arrest for misdemeanors only if committed in their presence, they would not be
authorized to arrest aliens for illegal entry (unless the officers should happen to
know that the alien had previously been convicted of illegal entry) unless they saw
him/her cross the border. The disappointing aspect of Gonzales is the statement
that an alien's 'inability to produce documentation does not in itself provide
probable cause (to arrest).' See Gonzales v. City of Peoria."
—US Department of Justice, United States Attorneys Manual, Criminal Resource
Manual, Title 9, §1918 Arrest of Illegal Aliens by State and Local Officers
By definition, traffic CITATIONS are NOT "criminal" matters, and no
imprisonment can apply if you lose in court, UNLESS you sign a contract to agree
to pay a (CIVIL) judgment fine and court costs, then you default on that
"voluntary" CIVIL contract, resulting in imprisonment for CIVIL contempt of
court (as you agreed to do as conditioned in the "fine print" of that contract).
Understanding Contract Law is the goal of this game, NOT using Constitutional
Law, which does NOT apply (so IGNORE the court's and judge's LIES and
fraudulent misrepresentations that traffic and police "citations" are CRIMINAL
matters (i.e., "crimes"). "Misdemeanors" that did NOT INITIALLY result in
immediate arrest and incarceration are NOT "crimes", they are "contract
disputes" under "Roman CIVIL Law" (which was deadly enough to feed the
innocent Christians to the lions and the gladiators in the Roman Coliseums).
The first slaves sold on the auction blocks in America were white European
"indentured servants", who signed "bank-loan contracts for debt", in exchange for
their freedom ("liberty") and the freedom of their spouses and children. They were
stripped naked and sold in public to the highest bidder, and families split apart
forever. As slaves they were routinely tortured and murdered at the whim of their
owners. This American slave trade was officially legalized by the enactment of the
US Constitution, under it's "Contract Clause". Even the US Constitution defines
"slavery" as equal to "indentured servitude".
"No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of
Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold
and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post
facto Law, or Law impairing the Obligation of Contracts, or grant any Title of
Nobility."
—CONSTITUTION OF THE UNITED STATES, Section. 10.
"No amendment shall be made to the Constitution which will authorize or give to
Congress the power to abolish or interfere, within any State, with the domestic
institutions thereof, including that of persons held to labor or service by the laws
of said State."
—CONSTITUTION OF THE UNITED STATES, Article Thirteen. [Proposed 1861;
Endorsed by Lincoln while president-elect; Unratified]
slavery. 1. A situation in which one person has absolute power over the life,
fortune, and liberty of another. 2. The practice of keeping individuals in such a
state of bondage or servitude. Slavery was outlawed by the 13th Amendment to the
US Consitution.
—Black's Law Dictionary, 7th Edition
"Neither slavery nor involuntary servitude, except as a punishment for crime
whereof the party shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction."
—CONSTITUTION OF THE UNITED STATES, Article. XIII., Section. 1. [Proposed
1865; Ratified 1865]
involuntary servitude. The condition of one forced to labor -- for pay or not -- for
another by coercion or imprisonment.
—Black's Law Dictionary, 7th Edition
servitude. The three types of servitude are easements, licenses, and profits. See
EASEMENT; LICENSE; PROFIT.
—Black's Law Dictionary, 7th Edition
license. 1. A revokable permission to commit some act that would otherwise be
unlawful.
—Black's Law Dictionary, 7th Edition
"'Enterprise' means any individual, sole proprietorship, partnership, corporation,
business trust, union chartered under the laws of this state, or other legal entity,
or any unchartered union, association or group of individuals associated in fact
although not a legal entity, and it includes illicit as well as licit enterprises, AND
GOVERNMENTAL, as well as other, entities."
—Racketeer and Corrupt Organizations Act (RICO), TN CODE 39-12-203 (state
RICO Act) and US CODE TITLE 18, PART I, CHAPTER 96, Sec. 1961 (federal RICO
Act)
"The people never give up their liberties but under some delusion. The only thing
necessary for the triumph of evil is for good men to do nothing."
—Edmund Burke
By definition, to volunteer for a Driver License, a person must sign a (slave)
contract agreeing to waiver their freedom and liberty to travel (a freedom that
existed for thousands of years before the first Driver Licenses for COMMERCIAL
truck drivers in the 1930s), and to accept that when they attempt to travel, they
are thereafter literally perpetrating a crime with every mile that they drive. Does
making a contract with Gangster Government sound like a "good deal" to you?
This Answer to Complaint mainly applies to those drivers who actually have a
state-issued "Driver License" contract, rather than those who choose to not
volunteer for such a civil contract (by YOUR voluntary decision, NOT by the state's
unilateral decision to cancel a pre-existing contract for alleged breach of
contract). Contracts are by definition "CIVIL matters", under the Contract Clause
of the US Constitution, using the (ratified-under-duress) 14th Amendment ("to
free the slaves") to apply that "God-given right to sign a contract to be a slave"
("indentured servitude") to the citizens of the States. According to the US
Constitution, contracts always trump the federal and state constitutions. Thus, if
you "volunteered" for a Driver License contract, as proven by your signature on
that license (and vehicle registration), then you waivered all your "Constitutional
Rights" (other than your right to contract), and thus cannot plead any rights
named in the constitutions, or risk criminal conviction for alleged "civil"
contempt of court by making a "frivolous argument" (unless you can prove you
were forced to sign that Driver License contract under fraud and threats of duress,
which instantly void every coerced contract).
For those without a Driver License contract, the proper procedure to dispute a
traffic citation might be a "Non-Statutory Abatement" disputing the lack of
subject-matter jurisdiction, in a signed Affidavit (with your identity confirmed by
signature and seal of a state-certifed notary public), mailed to the deputy sheriff
("cop"), or to the state or municipal or "metro" "police officer" (actually a private
corporate security guard, since they are not named in state constitutions), and to
the prosecuting attorney, but NOT mailed to the court clerk. Or, such a driver
might plead this in a written Answer to Complaint, filed BEFORE the trial date
with the court clerk, but ONLY if done as described in this news article, to avoid
entrapment into the court's "personal jurisdiction" by making a "Special
Appearance" to contest the court's jurisdiction, not as a "General Appearance" to
answer the complaint.
In Traffic Court, trying to win your case using the court's ALLEGED CRIMINAL
Rules of Procedure (pleading "guilty" or "innocent"), when in fact ALL traffic
tickets are by definition CIVIL cases using CIVIL Rules of Procedure, is like a
person trying to win a game of baseball against an opposing team and referee
playing by the rules for full-contact FOOTBALL. "If you want to play with the Big
Boys, you have to know how to play the game," as the US Air Force JAG (Judge-
Advocate General) threatened my wife during her Congressional complaints
proving billions of dollars in Fraud, Waste and Abuse of taxpayer funds. We won
that particular game. The following self-help legal information may help level the
playing field for you, as well as telling you which stadium to play in.
The following legal document can be tailored to defend against many types of
traffic "prosecutions" and many types of courts, jurisdictions or nations. USA's
legal system was derived from English common law, as it existed in the 1700s,
though now it has become fraudulently subverted into Roman Civil Law (all crimes
are "corporate" crimes, all names are "corporate" names (written in ALL CAPS),
and thus all "crimes" are now breach of civil contract for alleged debt).
Be sure to make audiotape recordings of all communications with police,
attorneys, prosecutors and judges, including during traffic stops by police
(the perfect "lie/BS detector" with 100% accuracy).
The following document was successfully used to set legal precedent in USA for so-
called "indigent" defendants to pay ZERO fines and court costs despite "losing"
traffic tickets in court. In USA, the "Homestead Exemption" applies to all
courts, including state and federal civil courts, federal bankruptcy court, and
traffic courts. Rich elites commonly use Homestead Exemptions when they are
technically "indigent" after placing all their assets into "trust funds". States like
Florida allow a person to own a million-dollar home and still claim "indigency" via
Homestead Exemption. Declaring "indigency" also helps avoid massive appeal
bonds for appealing routine traffic tickets.
The biggest danger is being jailed for alleged civil contempt of court order, when
you can't afford to pay any type of civil judgment. Judges fraudulently allege civil
contempt of court is the same as criminal contempt of court (such as cursing in
court). This court order results in life sentence on Death Row in Debtors' Prison,
without right to bail, no right to a lawyer, no right to a jury, no right to appeal, no
right to medical care. My brother, who is a trial lawyer ("barrister"), was
"convicted" of civil contempt for inability to pay $80,000 contract for attorney fees
owed by his ex-wife. So he spent 12 days in jail, until the money could be extorted
from my family, and his law license was suspended during that time ("reinstated"
upon court-ordered release from jail on the contempt of court charge). People are
scared of Homeland Security Control Acts, but civil contempt of court is far more
dangerous.
He should have listened to me when I warned him how to avoid that problem. And
that's what anyone risks who volunteers for a government marriage-license
contract (making the government a full partner in the now-bigamous marriage),
rather than a religious marriage performed by a non-501c3-tax-status church and
preacher (who cannot say "By the power vested in me by the State of..."), thus
denying a "Divorce Court" (Chancery Court of equity in Tennessee) "subject-matter
jurisdiction".
But what do I know, I'm not a licensed lawyer (but I do win in court "pro se"
(without a lawyer), which is technically a license to practice law for anyone on a
case-by-case basis, and any person can become an "attorney-in-fact" (versus
"attorney-at-law") for any other person in any court).
Tailor the following document with relevant facts, names, addresses and dates.
Type it single sided, with double-spaced lines of text. It must be filed with the clerk
prior to appearing in court. Exhibits may be stapled to this document, then
entered into evidence during the court hearing.
Go to your local public law library or to www.findlaw.com to copy the exact
statute, code or ordinance allegedly violated. (When any library receives public
records, it MUST be made open to the general public, according to the dean of
University of Tennessee Law Library in Knoxville, Tennessee.) The law library will
also have some good self-help legal books in the Reference Section, which you can
read but cannot check out (or just go to a bookstore).
Use a law dictionary to look up words that have double meanings (you may define
them in your written court pleadings). Also copy the Annotated Rules of Civil
Procedure (not online, library only), to read which Rules of Procedure are required
for appeals from lower courts (probably Civil not Criminal Rules). Get a copy of
your Local Court Rules and read them to avoid any simple mistakes that might
irritate a judge (in Knoxville, you must get the fraudulent "Rules" published by
City Court (ignore them), AND go to Knox County Circuit Court Clerk in City-
County Building for a free copy of Knox County General Sessions Court Local Rules
(required for use in City Court), but beware the fraudulent trap/lie of General
Sessions Court clerks who fraudulently allege that there are no such Local Rules
(go instead to the Circuit Court clerk, who is actually in charge of the Sessions
Courts).
Go to both lower court and a state ("county" circuit/superior) court, watch the
procedures and rules, and compare the difference between the two. Watch what
the lawyers do in state court. NEVER act like the dumbed-down sheeple in traffic
court: It is impossible to "plead guilty" or "innocent" under Civil Rules of
Procedure. Watch how the judge defrauds 100% of the sheeple in Traffic Court
using fraudulent misrepresentation of bogus Local Court Rules (in Knoxville City
Court, its bogus Local "Rules" are displayed on the walls and on its website).
Spectating is FREE. Bring a seat cushion. Tape recorders (audio and video) are
"technically" illegal without prior approval from a judge. Make notes on paper.
Watching Judge "Raving Bitch" Judy on TeeVee (as a UTK bumper sticker called
her) will only brainwash you that you have no Constitutional or procedural rights,
and no right to a jury, and that you are a moron. That is the only purpose of such
fraudulent disinformation in the Idiotbox.
Watching COPS shows on TeeVee (watch the "Running Man" get beaten to a bloody
pulp, or see innocent bystanders massacred by police chases for routine CIVIL
alleged traffic arrests for breach of bogus contracts) also dumbs sheeple down,
although occasionally you might see an example of a non-cop making a Citizen's
Arrest (cops can NEVER arrest ANY person for a misdemeanor committed outside
the cop's presence), or some other insider tips leaks out past the editors/censors.
At the law library, read the Pattern Jury Instructions for state court. This will tell
you the mandatory "Essential Elements" the prosecution MUST enter into evidence
BEFORE you present your defense. Prosecutors routinely fail to do this, and just
fake it, and judges routinely allow this fraud to continue. Use a checklist, and when
the prosecutor skips a step, DON'T object immediately. Wait until the prosecution
"rests its case in chief." Then, BEFORE you present any evidence, and BEFORE you
read this document to the judge, verbally make a Motion to Dismiss ("I Move the
Court to Dismiss") for failure to prosecute and failure to enter into evidence the
Essential Elements. If the prosecutor and judge wants to let the prosecutor reopen
its case in chief, OBJECT strongly, and NEVER agree to a voluntary contract to
waiver this requirement.
If the judge overrules your objection, THEN read the following "into the record"
(YOUR audiotape record) and into the judge's ears. Judges are allowed to ignore
the law and make up their own law in every case, UNLESS the defendant (or
lawyer) forces the judge obey the law. This is done by filing pleadings (papers)
writing down the exact wording of the law in that particular case, and by
SPEAKING the law to the judge in court, since a judge is allowed to NOT read or use
his own court file on a case (and judge's are lazy).
The judge will allege and threaten that a defendant is not allowed to say the word
"Constitution" in any courtroom. This is simply a fraudulent attempt to bait-and-
switch a defendant into a "voluntary" civil contract. The right to enter into civil
contracts is specifically named in the US Constitution and in state constitutions,
so the Police State NAZIs (National Socialists/Communists) fraudulently trick
drivers into losing in court using illegal duress to sign away Constitutional rights.
Driver Licenses and vehicle registration tags are both "voluntary" civil contracts
that require contractees to obey 1,000's of contract clauses. However, the law
clearly requires that all civil contracts make a "meeting between the minds," or
else that contract is void from the beginning for failure of consideration (Uniform
Commerical Code (UCC) has been adopted/codified in all state statutes, codes and
ordinances).
So, by "volunteering" for a Driver License contract, it is a "frivolous" argument to
use Criminal Rules of Procedure for "misdemeanor" traffic ticket defenses
(inluding Constitutional arguements), rather than "felonies" (common-law
"crimes"). So simply win using the Civil Rules of Procedure and
UCC/statutes/codes/ordinances. However, Constitutional arguments may be
allowed on appeal, WHEN you bring them up in a lower court, since judges must
listen to Constitutional arguments ONLY AFTER ALL other arguments have failed.
In this Catch-22 situation, the Constitutional argument MUST be made in the
lower court first, or the appellate court WILL BE REQUIRED to ignore it on appeal.
So, when a lower court judge says you cannot say the word Constitution in "his" or
"her" court, you MUST OBJECT AND "make an Offer of Proof", which is simply a
legally proper Rule of Procedure to ignore the judge's order, and make your
Constitutional (or any other) argument "on the record". The judge can still ignore
it in the lower court (he will be fired if he routinely obeys the law for failing to meet
his illegal quota), but Offers of Proof preserve the record on appeal, AND makes it
clear to the judge that you can win an appeal (thus it is a waste of the governments'
time AND MONEY to try to fight you in court, and lose: It's no longer profitable to
extort you).
If you lose in Traffic Court, and you want to appeal, you have 10 days to file Notice
of Appeal with the lower court. You must also file a WRITTEN "Demand for Jury
Trial" in the state ("county") court within 10 additional days (your court might
have slightly different time limits or rules). Simply asking the court clerks to be
entered in the computer for a jury trial is allegedly NOT good enough (but in
Tennessee, Civil Rules of Procedure clearly order that it is good enough to write
"Jury of 12 Demanded" in the caption of your Answer to Complaint in state court).
All juries have the power of so-called Jury Nullification of ANY law in EVERY case,
as clearly written in Tennessee Pattern Jury Instructions, approved by Tennessee
Supreme Court (judges ignore ALL laws using "judicial nullification" in their
alleged role as "the 13th juror").
When you are ready for REALLY Closing The Deal, you may also file a
COUNTERCLIAM in your Answer to Complaint, and SUE THE
POLICE/GOVERNMENT for breach of contract, fraud and everything else the law
allows defendants in ALL civil lawsuits. This is perhaps the REAL reason judges
are terrified that sheeple will learn the facts about traffic citations being CIVIL
matters.
You are also allowed FINANCIAL SANCTIONS after you win your defense, when
you prove the traffic ticket was a frivolous civil prosecution. Pro se's are not
allowed reimbursement for "lawyer fees", but you are allowed legal expenses. You
simply make a Motion for Sanctions after your case was dismissed, and present an
itemized bill for your travel costs, copy costs, transcription costs, photography
costs, etc. If you hire any legal professionals (or if your friends get a Notary ("Court
Reporter") license for $100), you can be reimbursed at $100/hour or more for their
bill for transcription services, which can easily total thousands of dollars in profit.
Good luck,
John Lee
editor, PIRATE NEWS
Lee Paralegal Investigations
Idiotbox Wars CATV
Winners Web Design
Knoxville, Tennessee, USA
| The Rhea County Newspaper |
| "Rhea County's REAL Information Source" |
| Traffic Stop Checklist - Notice of Rights and Liabilities John Lee, contributor |
| DISCLAIMER: Legal information is not legal advice! We are not lawyers and are not providing legal advice. On a more cheerful note, we are not stupid hicks either and have a rather extensive network collectively traveling the same journey. So get used to it. The contents of this web site are for educational and informational purposes only and represent only our opinions. Seek professional legal services if you need them. While we make every attempt to be accurate, we can not be held responsible for the accuracy of information you find on or through this site. We hope you understand. |
