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Title: CONSTITUTIONALIST BEATS SEAT BELT TICKET
Source:
libertyfight
URL Source: http://libertyfight.741.com/seatbelt.html
Published: Jan 18, 2009
Author: .
Post Date: 2009-01-18 18:56:48 by Artisan
Ping List: *California list* Subscribe to *California list*
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Views: 356
Comments: 7
LibertyFight.com CONSTITUTIONALIST BEATS SEAT BELT TICKET By Martin Hill Scott, a friend of mine and insurance salesman from Alta Dena, California and father of three kids, recently called me up and relayed the story of how he was crossing the street in Los Angeles and was given a jaywalking ticket. He protested to the cop that the lighted crosswalk sign (which flashes and counts down the number of seconds you have left) still had 13 seconds on it. The dutiful state servant informed him that if he entered the street after the countdown had already begun, that constitutes jaywalking. Scott is currently fighting the ticket. It's the first ticket he has ever fought, and got a 2 month extension to begin the process. John Shanahan, PE, licensed engineer member of Architects and Engineers for 9/11 Truth [AE911truth.org] and co-founder of Inland Empire 9/11 Truth, is a Constittuionalist and liberty advocate who recently beat a seat belt ticket in Rancho Cucamonga CA. When John was pulled over for not wearing his seat belt, he had engaged the officer in a discussion about the 4th Ammendment, privacy concerns and the nanny state in which cops serve as revenue collectors, spending time ticketing people for things that are none of the state's business. The cop defended his position and gave him the ticket. John filed what's called a trial by declaration. The good thing about this is that if you lose, you are entitled to what's called a TRIAL DE NOVO [CVC 40902], in which the first conviction is vacated and you get a trial in person. It is not an appeal, but rather a brand new trial. this is why I always encourage people to do a trial by declaration through the mail first. It's basically like a free shot at winning. My friend Sylvia Smith, former owner of the UPS Store in Upland, had gotten a $600 speeding ticket. I encouraged her to visit HelpIGotATicket.com and told her about my success in using the site. By the way, Geo McCalip does an absolutely great job with his free informational website HelpIGotATicket.com. This is where I learned all this stuff and I cannot praise him enough. He is a true liberty advocate an example for us all. Sylvia filed a trial by declaration and also asked for a BAIL WAIVER ("I can't afford it right now",) which the clerk will usually give you, at least in my town. If the ticketing officer does not submit his TRIAL BY DECLARATION evidence to the court, the case is dismissed. This is what happened with Sylvia. She did not miss one minute off work and didn't spend one dime. The next time I saw her she exuberantly told me of her victory- she had never fought a ticket before. "Now Sylvia, will you ever plead guilty to anything ever again?" I asked. 'HECK NO!' she shouted, giving me a high five. When I do a trial by declaration, I only write the words "I'm not guilty" in the description area. You can include as much or as little as you like, but I figure why show them your full defense ahead of time, in case it goes to an in-person trial. Sylvia had written only the words "Im not guilty" on her form. In John's case, he atttached the following evidence. His text consisted of the following: "During the course of our short roadside discussion in the extremely intrustive nature of seat belt citation, it became clear that deputy Fussell was ignorant of his sworn duty to protect "support and defend" the Constitution of the United States. On 6/17/08, I received by email a copy of the oath that is sworn by all members of the S.B. County Sheriff's Police, per Jennifer Hanblin (Public Affairs Division). The contents of the solemn oath apparently mean so little to Deputy Fussell that he not only never gave any thought to the history and meaning of the U.S. Constitution (especially the 4th Ammendment which applies to my case), but he denied that he ever swore an oath to defend the U.S. Constitution!!! Date: 11/9/08" Here is the EMAIL FROM SHERRIF'S DEPT. outling the Constitutional oath that every Sherrif takes. Here is an actual copy of the CONSTITUTIONAL OATH they swear to uphold. Here is the notice from the court stating that the officer did not reply to the challenge, and so the case is dismissed. He didn't pay the $103 dollar ransom they demanded, he never claimed to have worn his seat belt. and he won. Here is a page which includes INSTRUCTIONS FOR THE TRIAL BY DECLARATION.. You may also want to see my previous articles Opposition To Red Light Cameras- A Personal View [8/4/2008] which outlines my opposition to red light camera revenue scams, and a recent article the Press Interprise Newspaper did on red light camera tickets after they contacted me about my website NoTrafficCameras.Info. Also, be sure to read An Easy Way To Beat A Traffic Ticket (Great Preemptive Measure) using the 'County Seat', change of venue measure which is our right under the California Vehicle Code. Also, the great website HighwayRobbery.Net, an invaluable resoruce that I highly recommend, covers the recent victory of a southern california man who beat a red light camera ticket in Superior Court of Appeals because the city that issued the ticket had an illegal contract with the red light camera company. I will end with this reminder below, a recent article from MSN Money which outlines numerous admissions that traffic tickets are largely for nothing but revenue. A hearty congratulations to John Shanahan for beating his seat belt ticket, and remember folks- if we can't even fight the little petty tyrannies, How can we fight the serious tyranny when the time comes? You're gonna supposedly resist the FEMA Camps, forced innoculations, Military Draft, gun grabs, Civilian Service Corps, property seizures, etc. but can't 'bother' to fight a nonsensical ticket? Heed this adivce, and trust me it will make your day to beat these bastards using their own game against them. FIGHT YOUR TICKETS- EVERY TIME- AND WIN. FIGHT FIGHT FIGHT FIGHT FIGHT. AND WIN. Cost this beast system money. Break it down. And for that one day, drive down the road with the window down, in the sunshine, let out a 'whooo haw'! and smile. For me. Speeding? You'll pay higher 'taxes' Many states and cities no longer even try to hide that fact. Making up for lost money Cities, counties and other government agencies have found that there's lots of money to be made in stepped-up traffic enforcement: ----A Detroit News analysis last fall found that metro-area police departments had "drastically increased" the number of tickets issued for moving violations as revenue from the state -- in the throes of multiple economic crises -- had declined markedly.
Inland Empire 9/11 Truth- 911TruthIE.com
1/18/09
The abuse of the American people at the hands of our morally bankrupt corrupt government has expanded to such an obscene state today that I often encourage people to resist all tyranny every way they can. One way I like to do this, and have been quite successful at, is fighting traffic tickets here in California. I have beaten six of them in court; in the one case the kangaroo court judge found me 'guilty' of speeding, but I filed an appeal in the Superior Court of Appeals in San Bernardino County, CA. I wrote my own legal brief, filed it through the mail, (one misnomer is that you have to show up in person and miss time off work. Not true at all). A panel of three judges ruled for me and threw out the phony conviction.
As you will read below, the cop that ticketed John denied that he even swore an oath to the U.S. Constitution! So after receiving his ticket, John contacted the Sherrif's Dept. and asked them for a copy of the oath that the officers swear to.
I have always shared my stores of traffic court success and highly encouraged friends and coworkers to do the same. So when John got his ticket, he gave me a call. 'How could he not fight this b.s.?', I insisted. 
Here is a COPY of John's statement [Here is a larger version] which he submitted on 11/4/08. Here is the front page of John's 'TRIAL BY DECLARATION' form that accompanied it.
Tickets are often as much about revenue as safety. And now, as a soured economy or other factors further empty coffers, many are turning to law enforcement to serve as part-time tax collectors -- with guns and badges.
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#1. To: Artisan, *libertarians*, *Jack-Booted Thugs* (#0)
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See also this great article from a few yrs ago. ---------------------------------- townhall.com/columnists/W.../05/24/click_it_or_ticket Wednesday, May 24, 2006 Click it or ticket by Walter E. Williams Virginia's secretary of transportation sent out a letter announcing the state's annual "Click It or Ticket" campaign May 22 through June 4. I responded to the secretary of transportation with my own letter that in part reads: "Mr. Secretary: This is an example of the disgusting abuse of state power. Each of us owns himself, and it follows that we should have the liberty to take risks with our own lives but not that of others. That means it's a legitimate use of state power to mandate that cars have working brakes because if my car has poorly functioning brakes, I risk the lives of others and I have no right to do so. If I don't wear a seatbelt I risk my own life, which is well within my rights. As to your statement 'Lack of safety belt use is a growing public health issue that . . . also costs us all billions of dollars every year,' that's not a problem of liberty. It's a problem of socialism. No human should be coerced by the state to bear the medical expense, or any other expense, for his fellow man. In other words, the forcible use of one person to serve the purposes of another is morally offensive." My letter went on to tell the secretary that I personally wear a seatbelt each time I drive; it's a good idea. However, because something is a good idea doesn't necessarily make a case for state compulsion. The justifications used for "Click It or Ticket" easily provide the template and soften us up for other forms of government control over our lives. For example, my weekly exercise routine consists of three days' weight training and three days' aerobic training. I think it's a good idea. Like seatbelt use, regular exercise extends lives and reduces health care costs. Here's my question to government officials and others who sanction the "Click It or Ticket" campaign: Should the government mandate daily exercise for the same reasons they cite to support mandatory seatbelt use, namely, that to do so would save lives and save billions of health care dollars? If we accept the notion that government ought to protect us from ourselves, we're on a steep slippery slope. Obesity is a major contributor to hypertension, coronary disease and diabetes, and leads not only to many premature deaths but billions of dollars in health care costs. Should government enforce, depending on a person's height, sex and age, a daily 1,400 to 2,000-calorie intake limit? There's absolutely no dietary reason to add salt to our meals. High salt consumption can lead to high blood pressure, which can then lead to stroke, heart attack, osteoporosis and asthma. Should government outlaw adding salt to meals? While you might think that these government mandates would never happen, be advised that there are busybody groups currently pushing for government mandates on how much and what we can eat. Government officials, if given power to control us, soon become zealots. Last year, Maryland state troopers were equipped with night vision goggles, similar to those used by our servicemen in Iraq, to catch night riders not wearing seatbelts. Maryland state troopers boasted that they bagged 44 drivers traveling unbuckled under the cover of darkness. Philosopher John Stuart Mill, in his treatise "On Liberty," said it best: "That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinions of others, to do so would be wise, or even right. These are good reasons for remonstrating with him, or reasoning with him, or persuading him, or entreating him, but not for compelling him, or visiting him with any evil, in case he do otherwise." About The Author -------------------------------------------------------------------------------- Dr. Williams serves on the faculty of George Mason University as John M. Olin Distinguished Professor of Economics and is the author of More Liberty Means Less Government: Our Founders Knew This Well. w ww.amazon.com/exec/obido...125/ref=nosim/townhallcom
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#2. To: freepatriot32 (#1)
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