COMMON LAW DEFAULT PROCESS FOR TRAFFIC TICKETS ♦ GUIDE TABLE OF CONTENTS
What is a common law default process ………………………………….. The common law default establishes our sovereignty ……………….. The two ways in which cops force their victims to traffic court ……. What exactly is traffic court? ………………………………………………. Some very important things for you to know ………………………….. What is included in the common law default process ………………… Steps for serving and filing the common law default documents …. How to turn the highlighting off within the documents ……………..
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WHAT IS THE COMMON LAW DEFAULT?
NOTE: From here forth, the use of the word ‘person’ means, a flesh and blood sovereign man or woman, unless otherwise specified.
A formal legal process known as the „legal default‟ was developed under the common law as a method to settle legal claims outside of court. The common law default holds that any person (including legal fictions) making a legal claim against a person must uphold their claim by timely rebutting the counterclaims of the defendant. If not, they enter into legal default and upon defaulting, they lose all legal right to their claim.
THE COMMON LAW DEFAULT ESTABLISHES OUR SOVEREIGN STATUS AND THE FACT – AS SOVEREIGNS WE ARE NOT SUBJECT TO THE STATUTE LAW
The common law default for traffic is an excellent way in which we can lawfully and peacefully notify our servant government and courts of their errors and trespass against us sovereigns of the flesh, and to demand they respect our superior status as one of their sovereign creators. The true power of the common law default is based upon three simple, but very powerful elements; (1) your sovereign status as a man or woman, (2) the fact that the common law reigns supreme to statute law, or the law created by acts of legislature, and (3) the common law default having been long established in law. The common law default has even been incorporated into civil law under the federal and state rules of civil procedure, and therein it is known as a civil default. The civil default is widely used every day in civil law today. Why use a common law default when a civil default exists within the statute law? The first and most important reason is because, the common law is a body of law created by and for sovereigns. Common law has nothing to do with the affairs of the subservient state, except in its
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ability to protect sovereigns from attempts by the subservient state to unlawfully attack and injure sovereigns. Another important reason why is, because the common law default does not distinguish between civil or criminal. It is applicable to both. This is important in traffic tickets cases, because they are tried both in civil and criminal court hearings. Often when a judge is asked in open court, whether or not a traffic case is being tried in a civil or a criminal proceeding, the judge will refuse to state which it is, or avoid giving a definitive answer by saying, “its traffic court.” Courts of sovereigns, or common law courts, are establish under Article III of the Constitution of the United States of America. However, we sovereigns have been unconstitutionally deprived of these common law courts of sovereigns by those holding onto the reins of power in government. They have gained unlawful power and control over sovereigns, though the trickery of devising undisclosed contracts and using them to subvert the rights of sovereigns of the flesh. Judges sitting on the bench in the statute courts use undisclosed contracts, such as the birth certificate, the social security card, the driver‟s license, the voter registration card, jury service questionnaire form, and so on, to take silent judicial notice that the sovereign has entered into his or her court as a legal fiction, and a Fourteenth Amendment citizen, or property of the state. In this deceitful and wicked manner judges justify their judicial tyranny of wallpapering over the unalienable rights of sovereign men and women. The common law default documents that you have purchased, sets the state and the court straight about who we are. Not that this should be required. However, since the courts choose to automatically view us sovereigns as Fourteenth Amendment citizens, and/or legal fictions governed by undisclosed and/or implied contracts, we must notify them of their error, or we will be left to suffer the consequences of being tried as such.
THE TWO WAYS THAT COPS FORCE THEIR VICTIMS TO APPEAR IN TRAFFIC COURT
Cops either write the victim of a traffic stop a Notice to Appear and then have the victim sign a Promise to Appear, or they will hand the victim a Judicial Summons. In most states cops issue a Notice to Appear contained within the traffic ticket and then ask the victim to sign a Promise to Appear, which is a contract whereby the victim agrees to voluntarily
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appear in court on the traffic charge. Of course if the victim refuses to sign the officer will place the victim under full arrest and then take them to jail, where the victim must pay bail in order to gain released. Any signature on a contract compelled under duress is not a lawfully binding contract. Of course judges regularly ignore this fact of law when they issue a warrant the victim‟s arrest for failure to appear, if the victim does not appear in court as promised. In some states the cop issue a Judicial Summons to victims of traffic stops. The victim is not required to sign anything, bur allegedly under court order to appear in court at a certain time and date. The lawful problem with the cop issuing judicial warrants is, the cop is a member of the executive branch of government and a judicial warrant must be issued by a judge, who is a member of the judicial branch of government. This action violates the Separation of Powers Clause of the Constitution. Also, the warrant is unsigned, which is another violation of law and the Constitution.
WHAT EXACTLY IS TRAFFIC COURT?
Asking a traffic court judge to inform you about the type of court you are in, is akin to Alice asking the Mad Hatter for the time of day. Just as the Mad Hatter will always leave Alice perplexed about the real time of day, traffic court judges will do the same to people asking what type of court they are in. Ask a traffic court judge straight out if this is a civil proceeding, or is this a criminal proceeding, the judge will usually just say; this is traffic court. In a number of states the traffic violations are openly termed civil violations. However, these civil violations are tried in criminal court proceedings. How is that possible? Go ask the Mad Hatter. It is something that could only make sense to a mad hare, or to judges of the corrupt and twisted judicial system. A person asked the judge once in court; is my traffic ticket a civil matter, or a criminal matter? The judge answered, well the ticket itself is civil, but the case is tried in a criminal procedure, although certain aspects of the traffic ticket at trial may be consider to be civil in nature.
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SOME VERY IMPORTANT THINGS FOR YOU TO KNOW BEFORE YOU BEGIN TO SERVE AND FILE YOUR COMMON LAW DEFAULT DOCUMENTS
1. The common law default will not work, unless you timely serve all of the common law default legal documents upon the prosecutor in your case, and then file all copies you served upon the prosecutor with the court. Both steps are required! Rarely is a prosecutor used in traffic courts these days. However, the people‟s claim must be prosecuted by someone. See Whose the Prosecutor section in this guide to help you decide who to serve your common law default documents upon. 2. I strongly recommend, that you do not serve any of the common law documents until after your arraignment (legal proceeding where the defendant enters a plea.) Why? In a number of cases when the default documents were filed prior to arraignment, the judge at the arraignment attempted to prevent the default by saying that he or she denies the defendant‟s motions for dismissal. The arraignment is not good time to for the victim to have handle this type of interference from the bench. Waiting until after the arraignment to serve and file the default documents prevents this from happening. 3. As with a great many things, there can be exceptions. Some courts in a few states combine the arraignment and the trail. In this case, it become necessary for the victim to serve and file their documents before arraignment. Unless you know for sure that the arraignment and trial is separate in your situation, call the court clerk and ask if there is a separate arraignment and trial for traffic cases in that court.
4. Before serving and filing your documents read How to Serve and File Your Documents contained within this guide.
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WHAT IS INCLUDED IN THE COMMON LAW DEFAULT PROCESS PACKAGE FOR TRAFFIC TICKETS
The common law default process for traffic tickets is make up of the following documents: 1. 2. 3. 4. 5. 6. The Affidavit of Truth The Notice of Default and Three Day Notice to Cure The Final Notice of Default The Motions to Dismiss The Writ of Praecipe The Writ of Mandamus
Included in the common law default process is also a document called the Acceptance of Constitutions and Oaths of Office. This document is not utilized in the direct application of the common law default process. However, this document greatly assists in applying pressure upon the judge to dismiss your case. The Acceptance of Constitutions and Oaths of Office document legally binds the judge to their oath of office and applies additional pressure on them to uphold the common law default.
STEPS FOR SERVING AND FILING THE COMMON LAW DEFAULT DOCUMENTS FOR TRAFFIC TICKETS
GENERAL INSTRUCTIONS FOR PREPAIRING YOUR DOCUMENTS: All documents are saved in Microsoft Word 1997 to 2003 format and allow any user having MS Word 1997 or later on their computer to edit the documents. Within the documents there are color highlighted areas which the user must type in information pertinent to them and their case. Just follow the examples provided in the highlighted area when typing in your information. You will need to turn off highlighting before printing out your documents. Please see How to Turn Off Highlights contained within this users guide. When you have finished completing the document print out three copies of your document if serving and filing the document[s] in person, or four copies if you are serving and filing your
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document[s] by mail. (See How to Serve and File Your Documents contained within this user guide for more information on this subject.)
Serve and File the Affidavit of Truth
Fill out the Affidavit of Truth. This document lawfully notices the claimant, or the prosecutor for the „people‟ in your case, that you rebut the claims of the people and informs the prosecutor of their legal duty to timely rebut (giving them *10 days to answer) what‟s in your affidavit, or they will be in lawful default of the people‟s claim against you. *Most all courts in traffic cases require only ten calendar days notice to answer, when
an answer is required. A very few courts require ten business days to answer in traffic cases. However, this must be so stated within the rules of the court. It is best to check with the court clerk regarding this rule if in doubt.
Serve and File the Notice of Default and Three Day Notice to Cure
Ten days after serving and filing the Affidavit of Truth serve and file the Notice of Default and Three Day Notice to Cure. This document notices the prosecutor of their failure to timely rebut your claims in your Affidavit of Truth, and that they are therefore in default of the people‟s claim against you. The document also informs the prosecutor that they have 3 days to cure the default, or you will file a Final Notice of Default in the case making the default final and lawfully established.
Serve and File the Final Notice of Default, Motions to Dismiss, and the Writ of Praecipe
Three days after serving and filing the Notice of Default and Three Day Notice to Cure, serve and file the Motions to Dismiss and the Writ of Praecipe.
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Final Notice of Default The Final Notice of Default is the prosecutor‟s final notice that; 1. a default has been legally recorded against prosecutor in this by the accused, and 2. the prosecutor must dismiss this case, and failure to dismiss makes them personally liable for legal action any legal action against them by the accused.
Motions to Dismiss The Motions to Dismiss document lists a number of lawful grounds to support dismissal of your case. Your case should be lawfully dismissed solely upon the lawful default of the prosecutor. However, it is prudent to provide a list of other strong lawful grounds for dismissal. This provides the judge with a way in which to dismiss, without having to admit to the fraud of the cop, of the prosecutor, and of the court. Which the judge would be insane and/or self destructive to do. Writ of Praecipe A writ is a command, or lawful instruction given by a higher authority to do something that the person upon whom it is served has a lawful compelling duty to follow. In this case, the writ is served upon the court clerk. The court clerk has a lawful duty to dismiss the traffic case of the victim when a lawful default has been entered into the court record of the case in favor of the victim (defendant).
Serve and File the Writ of Mandamus
The court clerk has three days to enter default in your case once served with the Writ of Praecipe. Court clerks have the autonomous power to dismiss a case whenever a lawful default is recorded into the court record. However, most all of them are clueless as to the power that has been granted unto them by law. It is very unlikely that the court clerk will enter a default in your case and then dismiss it… none have thus far in my experience. This is where the power of the Writ of Mandamus comes into play. While the Writ of Praecipe commands the court clerk, the Writ of Mandamus commands the court to do its ministerial duty by commanding the court clerk by authority of the court to dismiss the case.
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Serve and file the Writ of Mandamus three days after serving and filing the Motions to Dismiss and the Writ of Praecipe.
Serve and File the Acceptance of Constitutions and Oaths of Office
The Acceptance of Constitutions and Oaths of Office is not utilized in the direct application of the common law default process. However, this document greatly assists in applying pressure upon the judge to dismiss your case. The Acceptance of Constitutions and Oaths of Office document legally binds the judge to their oath of office and applies additional pressure on them to uphold the common law default. The Acceptance of Constitutions and Oaths of Office must be addressed to the person holding office by name and not by the name of their office. For example, to serve the prosecutor in your case you would address the document to John P. Smith, Kern County District Attorney.
HOW TO TURN THE HIGHLIGHTING OFF WITHIN THE DOCUMENTS
If your highlighting tools are not visible at the top of your MS Word processor window tool bar section: Click on Tools and then Options under the Tools drop down menu, and then under the Options menu click „View‟ and in the first column check the „Highlight‟ box, then click the „OK‟ button. The highlight toolbar should now appear at the top of your MS Word process window. If your highlighting tools are already visible at the top of your MS Word processor window tool bar section: Chose Edit from the top toolbar and then chose „Select All‟ from the Edit menu. Once all of the text is highlighted click on the down error next to the highlight icon on the „Highlight‟ toolbar and choose „None‟. This will turn off all highlighting. If you want to just turn off selected highlighting then place you cursor in front of the highlighted word(s) and while holding down the left mouse button drag the cursor across the highlighted word and then chose „None‟ from the drop down menu on the highlight toolbar.
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