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Title: California Motorist beats (5th) Seat-Belt Ticket Through the Mail Using Constitutional Argument
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URL Source: http://libertyfight.com/2013/motori ... _5th_ticket_thru_the_mail.html
Published: Jun 20, 2013
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Post Date: 2013-06-20 21:47:16 by Artisan
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Views: 210
Comments: 9
California Motorist beats (5th) Seat-Belt Ticket Through the Mail Using Constitutional Argument A California man who has previously beaten four traffic infraction tickets through the mail has beaten his fifth ticket using the TRIAL BY DECLARATION option, which is available to all motorists ticketed in California. John Shanahan of Southern California, who's a Constitutionalist, electrical engineer and a licensed member of Architects and Engineers for 9/11 Truth, just received the court ruling for his seat belt ticket. His previous victory was only four months ago on February 15th, when he beat a nearly $600 red-light camera ticket through the mail. What's interesting is that John never denied not wearing his seatbelt and used a Fourth Amendment defense in his court declaration, and was found not guilty by the judge. This is his third ticket for not wearing a seat belt ticket that he has beaten through the mail. Technically, Shanahan was found not guilty of the latest seat-belt offense because the officer, who is the witness for the prosecution, did not submit a response to the Trial by declaration. However, Shanahan always brings up the Constitution in his traffic declarations and no officer in any case has yet taken the time to rebuke the arguements- which is interesting in itself- hence, John wins every time. Unlike in person court trials, officers do not collect overtime for going to the courthouse if it's a trial by declaration, so they have to take their own time and write up responses to court filings. If the cop is to lazy to do the work and doesn't reply, it's considered a 'lack of prosection' and the defendant wins. Here's all the court filings in one zip file or if you want the short version, here is the Trial by dec. attachment (John's main arguement in written form) and The minute order from the judge pronouncing him NOT GUILTY. In his declaration, Shanahan stated, in part, "It is up to me to provide for my own safety, not Officer Lepe and the "nanny state" government supervisors who give him his orders. If I had to find them, I know that I could produce various Supreme Court cases that clearly state that the police have no charter or responsibility to protect individual people. Your Honor, in view of the constant degeneration of our individual rights that are supposed to be protected by the U.S. Constitution and the Bill of Rights, the whole idea that I could be given a citation because Officer Lepe or the California General Assembly thinks that they know better how to provide for my safety than I do is absolutely outrageous. This is the type of intrusion that is so offensive when we are so close to losing our country due to other federal government actions (especially the Federal Reserve). Officer Lepe's action, while giving him his perceived appearance of merely enforcing the law, actually makes it appear to me and others that he is simply a bagman or revenue agent for big government." The excellent free website HelpIGotATicket.com has all the information California motorists need to beat their tickets. I first found the site in 2001 and have beaten about 15 tickets since then; one in California Superior Court of Appeals, in which a three-judge panel ruled for me and overturned a phony speeding ticket conviction. Here is their information on TRIAL BY DECLARATION. If a California motorist loses the trial by declaration, they are entitled to a brand new trial (not an appeal) called a TRIAL DE NOVO. This is all spelled out in the California Vehicle Code. It is truly a peice of cake. Countless family and friends of ours have beaten tickets using these methods, by simply invoking the CA vehicle code and exerting their right to due process and the presumption of innocence. Even my 19 year old niece, who probably weighs less than 100 lbs and had never even been to court in her life, has beaten 3 tickets- the first three she ever got: a stop sign ticket, a seat belt ticket, and a parking ticket. HelpIgotaticket.com site is great and Geo McCalip should be applauded for his public service. Here is an interview with McCalip from a few years ago. Here are John's four prior victories along with court documents. Also be sure to check out our archives below. Constitutionalist beats seat belt ticket through the mail - Read this short article to see how easily one can fight and beat a traffic ticket through the mail in California. Jan. 18, 2009 Defendant wins stop sign ticket through the mail using 'TRIAL BY DECLARATION' Freedom advocate beats third traffic ticket through the mail (This was John's second seat belt ticket victory, Oct. 25, 2010.) Poster Comment:
By Martin Hill
LibertyFight.com
June 19, 2013 "Judge, since I was not hurting anyone or driving irresponsibly, the act of a police officer stopping me is certainly a violation of his oath to protect the U.S. Constitution and my rights under the 4th Amendment. I would have understood if he had just given me a repair ticket for the headlight. Since I have 2 engineering degrees, I have taken more than one course in statistics. I would strongly question the results of any traffic safety study which tries to conclude that wearing seat belts is safer than NOT wearing them...
Motorist refers to traffic cops as "revenue agents (bagmen) for the government", wins case Oct. 30, 2009
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#1. To: Artisan (#0)
Love it: sticking it to the Man using his own system.
-Alex Kurtagic
#2. To: Artisan (#0)
California's so favorable for drivers.
#3. To: Katniss, x-15 (#2)
texas still has trials for traffic tickets!! In CA red ronnie reagan did away with trials for traffic tickets in the 60s. i got a ticket in TX once and was gonna fight it but couldnt make it back there for the trial. i actually got not a bad deal called a deferred disposition instead, a good alternative option for those who dont live in tx but are ticketed in tx: Deferred disposition an option for Californians ticketed in Texas The first cop who stopped us was a real piece of work. We had driven two vehicles out there and I was driving east on interstate 10 in my truck,some distance in front of my wife, when a cop pulled me over. My wife, after approaching us, then pulled over to wait for me and parked on the shoulder behind the cop car. The cop, not knowing the situation, walked up to her and asked what she was doing. She told him that she had pulled over to wait for her husband, the driver of the truck, to which the cop replied "no you didn't! you stopped because I pulled you over for speeding too!" Now, how a cop pulls someone over who is a half mile behind him is something that I would have loved to see play out in court. The sad fact is that for whatever reason, this officer boldly lied, claiming to have pulled my wife over only after finding out that we were together. My wife, not disliking police as I do, (yet at least) was surprised and unusually disgusted at this blatant outrage. The liar only gave us each a warning, though, instead of a ticket. Nevertheless, the reputation of Texas traffic cops had been inexorably established....When my wife and I went to Texas last year, I was pulled over three times in less than 2 weeks. Two of the three stops resulted in written 'warnings', but one of them resulted in a speeding citation. I suppose it might have been the California plates that stood out like a sore thumb, screaming 'easy money' to the revenue (traffic) officers.
"Even to the death fight for truth, and the LORD your God will battle for you". Sirach 4:28
#4. To: Artisan (#0) (Edited)
I don't understand the significance of "busting" cops on minutia of the CA. Vehicle Code. With all else that's going on with regards to unconstitutional issues happening with our federal gov't ( eg. NSA and FBI snooping and CIA operating stateside and shamnesty and the Supreme Court Crows out of control) and sequential useless foreign wars, and the welfare state that's going banqrupt, why focus on trivia? Is it the slippery slope thing? Please explain. It's obviously important to you but why should it be important to anyone else?
#5. To: scrapper2 (#4)
I do! If only for the fact that it seems one person can make a difference when it comes to holding the "man" accountable. I really don't won't to hear any of the public safety stuff. Who cares?
“Anti-semitism is a disease–you catch it from Jews”–Edgar J. Steele
“The jew cries out in pain, as he strikes you.”–Polish proverb
“I would like to express my heartfelt apologies for the unfortunate and tasteless quotes I published in my tag lines. I am very sorry and ashamed. I never wanted to offend anyone, or to encroach human rights."- Hmmmmm
#6. To: scrapper2 (#4)
Because all politics is local, and expands out from there. If EVERYBODY or ANYBODY could be (or feel) secure on a local level they'd have a foundation for expecting the the same on the federal level. Please explain. It's obviously important to you but why should it be important to anyone else?
“Anti-semitism is a disease–you catch it from Jews”–Edgar J. Steele
“The jew cries out in pain, as he strikes you.”–Polish proverb
“I would like to express my heartfelt apologies for the unfortunate and tasteless quotes I published in my tag lines. I am very sorry and ashamed. I never wanted to offend anyone, or to encroach human rights."- Hmmmmm
#7. To: Hmmmmm (#6)
I disagree. Most small town frogs stay on their lily pad. Local politics get affected from top down. Because all politics is local, and expands out from there.
#8. To: Hmmmmm (#5)
You're dreaming, Dorothy. If only for the fact that it seems one person can make a difference when it comes to holding the "man" accountable.
#9. To: scrapper2 (#7)
You just described the problem in a nutshell. Idiots elect someone who does the bidding of another. I disagree. Most small town frogs stay on their lily pad. Local politics get affected from top down.
“Anti-semitism is a disease–you catch it from Jews”–Edgar J. Steele
“The jew cries out in pain, as he strikes you.”–Polish proverb
“I would like to express my heartfelt apologies for the unfortunate and tasteless quotes I published in my tag lines. I am very sorry and ashamed. I never wanted to offend anyone, or to encroach human rights."- Hmmmmm
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