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Published by Mikey
Beating Traffic tickets
Beating Traffic tickets

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Published by: Mikey on Jun 09, 2008
Copyright:Attribution Non-commercial


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Page 1 of 129
Lesson 1
Read the lessons when you have quality time to real well, several times to makesure you get the message presented. If you don’t understand something form aquestion in a special file where you know where it will be and if that question isstill unanswered at the end of the course, bring them out then. So please holdyour question to the end but do put them in a file so you won’t forget.Always, no matter where you go or what you do, carry a pen and paper with youso that if you get inspiration, you can write it down right away and review it later.Don’t rely on memory to hold it, memory is flighty. You will find you will notwaste that rare moment when out of the blue a revelation comes to you and nomatter what or when, be prepared to record it in some meaningful manner. If youare driving, pull over to the side of the road and take a few minutes to note it.Some of my most notable revelations has come during time I was either driving,in bed or on the toilet. Even at night I would at relevant times get out of bed andwrite it down before going back to sleep. Don’t miss the opportunity because youare too busy to note it at the time.You might want to print out the lessons to read them. Often it is easier to read inprinted form and you can make notes on the paper. I would suggest that youalso print out the file Proc.txt and the individual files that are listed there and putthem in the sequence as set out in Proc.txt, then carefully read them for a foreknowledge. If you have used them
already, then review them.SEE files court.txt in L.zip; code.txt, courts.txt, on courts in L1.zip; invite.txt inL2.zip and basic common law being the law of the land as exemplified in“Common Law.zip” in the files section of the group webpage.If you have some time visit the law library and read about common law defaults.You might even find information on law procedure in your local library. Visit atraffic court to see how make hundreds of thousands a day moving tickets. Geton the net and find a copy of the court rules including “local court rules” and thecode for future reference. You will need both. You will need to be familiar withthe rules for courts of limited jurisdiction and at least the general outline of your state code, in particular the Motor Vehicle Traffic Rules and code or statutes.Start building your own law library in your home. Seek out good used law booksat second hand stores. Remember that those books you pay a couple of dollars,were bought for hundreds of dollars. While you may think old law booksdiscarded for new ones are outdated, think about that outdated common law webrought with us to this country from England still exists and those old law casesthat we use everyday to support our contentions, including 1886
Yick Wo
. Don’t
Page 2 of 129
pass up a good thing because it is old, some of those books may inspire you likethey did me to dream up winning strategies.Please be responsible and save these lessons in a secure place for futurereference and back them up as you should the L series files. They will always beavailable as long as I am alive in case you lose them, but don’t count on mealways being around.The material in this course and the application can be used in many and variedcircumstances. The procedure is ancient in origin and well founded in all law. Itis so powerful in the hands of a skilled opponent who is supported byfoundational law; it is a threat to government which most often works from aninferior position (founded on deceit) and law. The key is to lay the foundationalfacts out in such a way as to show that the opponent’s case is without merit.
History of the Creation of the Traffic Default Procedure
For years we fumbled our way through traffic courts. We met as an organizedbody several times a month to discuss and review what we had learned duringthe interval between meetings. We had found valuable tools but nothing that wasconsistent or easy to use. There were specifics for various infractions butnothing generic. For instance if the cop lost sight of the vehicle, we could usuallywin those cases. Failure to file the ticket in 48 hours was an easy win as well,but we still lacked a good method.Then, along came the “tacit procreations” which looked good but were hard toenforce. Usually the prosecutor ignored them and just did his little introductionand examination of the officer on the stand and the judge would rule against us.It seemed as if it were rigged against us and there seemed no way to beat themat the game.One day I was shopping for law books as I always did in used book departmentsof second hand stores and bought a Federal book on Forms and Procedures. Istarted using it for the forms and procedures in it and found it a good general self help of endless examples of forms. Eventually I run into the “Default Judgment”part of the book and it hit me as being the long sought after procedure for put theprosecutor in his place. To set the stage for a default, I would need a goodaffidavit which couldn’t be rebutted. Then it was simply giving notice of thedefault with a chance to cure it, a Final Default and Praecipe to the clerk to enter the default as laid out in the Federal Forms book.But I knew by this time how clerks work, they go to the judge to see what theyshould do if it is out of the ordinary and then the judge will instruct them as tohow to handle the situation. I had seen this played out in my experience with thecourt clerks. I knew the judge would tell the clerk not to do it because they don’t
Page 3 of 129
want to allow it. I also knew that there had to be a way to force the clerk to do it,and I knew the remedy was Petition for Writ of Mandamus. I also knew the judgewould not want to rule on the Petition unless pressed into doing it. So, I had tocome up with a way to let the Judge off the hook in a collateral way, leads to theMotions to Dismiss, which gives him a good excuse if he is so dumb he can’tcome up a reason to dismiss the whole thing on his own.It wasn’t long before my Friend Dana Beaver an American Indian came to me for help with his ticket. I told him about my ideas and he said let’s try it. I preparedall the paper for him in about two hours and told him to file it on the dates on thepaper. He came back several weeks later and told me they dismissed withouthim saying a word. I was shocked because this court was notorious for beingcorrupt. Soon others came and went, coming back telling me their cases weredismissed as well. One even told me the Judge wrote a Findings of Facts andConclusions at law upon his false arrest and imprisonment. I was totally shockedand continued to do the paper for all who came to me, and they were all winning.One prosecutor even admitted in open court a driver’s license was not required.
 Always keep in mind, the motions are fluff, the meat is the default and thetool that makes it work is the mandate.
The motions to dismiss also give you good cause for Writ of Error to the TrialCourt should the judge not dismiss your case on the default alone. What youdon’t bring up in the trial court, can’t normally later be brought up in any other court. This just puts more pressure on the judge as these issues are issues hedoesn’t want you to pursue.
Constitutional Law Course
I jumped at the chance to take a Continuing Education law class offered by aretired judge professor at the local state college. It was a special class, open toanyone, one of those community learning forums but with credits if desired. Itook the class and one Saturday we were discussing the Indian Burial GroundsCase in Northern California. There was a sweet young innocent Indian Womanin the class who was very quiet but interested in the case and at one point in theconversation a brash young man sitting beside her derogatorily said, “TheIndians want to under the tribal law when it suits them, and at other times under the Constitution when that suits them.” I saw the offense on this Indian Woman’sface and raised my hand to speak. Before being called upon to speak, theprofessor went to the board and wrote, “Sovereignty” on it as he knew what thefirst word out of mouth was going to be as I proceeded to quote Yick Wo vHopkins, 118 U.S. 356, 370 from memory."Sovereignty itself is, of course, not subject to law, for it

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