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Dead Constitution
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Title: BRAINSTORM: Driving Without A License Defense Help
Source: [None]
URL Source: [None]
Published: Mar 1, 2009
Author: Old Friend
Post Date: 2009-03-01 17:25:19 by Old Friend
Keywords: None
Views: 303
Comments: 30

Ok here is the deal. I got busted back in November I guess for driving without a license. I'm due back in court Tuesday. This is my eleventh time by my count. I want to beat this and I have in the past. In the past I have used driving as a right defense. I may use that defense at a later point but not now. My focus right now is that they violated my right to a speedy trial. You see one of the clerks told me to sign this paper signing away my right to a speedy trial. They also said if I didn't I wouldn't be able to get a public defender. Not that I want a public defender. I have already filed a motion to have the case dismissed on speedy trial grounds. The judge at my pre trial conference last week said that he rejected the motion because of the waiver I signed. Anyway here is my potential strategy. I am thinking about appealing his decision. I also wonder if he was supposed to give me some kind of ruling in writing and if he potentially violated some kind of rule by not doing that. I assume he didn't issue a written ruling as I have not received one. Anyway would I have some kind of case if he didn't issue an official ruling in writing. That is one thing. Anyway I appeal the case to drag it out (cost them more money and time). Then I am thinking of also going to federal court and filing a motion (formus pauper of course). The motion would be that the municipal court violated my right to a speedy trial.

I am not sure if I will take this path or if I should. Because if I do I will go to an all out war phase subpoenaing records of everyone for the last month that had signed a similar waiver to get them to back me up that they tell you to sign these waivers. Also isn't the fact that some clerk tells you to sign a waiver some kind of legal advice? They aren't supposed to give legal advice are they? If I go to all out war and I lose the penalty will likely be worse.

So I am not sure what to do and just thinking about some stuff.

I could also file a motion that I filed before that is a cut and paste that is about 30 pages on driving and that it is a right. I want to use that as a last resort though.

So are their any Lawyers out there. Or people who can offer some suggestions. Or even type up some motions that I can cut and paste.

Thanks

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Begin Trace Mode for Comment # 22.

#9. To: Old Friend (#0)

the thing i see is that just because some clerk tells you to sign something , that does not make it compulsory, and you did not have to, and probably should not, have signed it. i make it a general rule never to sign antyhing.

if they said you had to waive your right to a speedy trial in order to get a public defender and you wanted to challenge that claim, you should have simply challenged it (perhaps filed a motion) challenging it, but not waiving your right. Now in CA they do not have to provide a lawyer for infractions, [[although now that i think about it, i am not sure if driving without a license in CA is a misdemeanor, in which case you would have right to public counsel]].

--

as far as his requirement to issue a ruling in writing, once the ruling is filed with the court i assume it's in writing somewhere? here they dont have to 'explain' their rulings, so as long as it's entered i think it stands. but by all means, i'd challenge or appeal his ruling to throw a monkey wrench in it. -- i also like the idea of subpoenaing everything, that is always important in my experience. i lost one traffic case because specifically i failed to do so. (got careless and hadnt bothered demanding the info before trial.)

as far as your actual defense against the charge against you, (driving without ''license'') i have no experience in that matter, but i would be interested in a copy of the defense you used to win in the past. if i were you i'd shout it from the rooftops and release it widely to the world. what a victory to be proud of.

Artisan  posted on  2009-03-02   4:26:37 ET  Reply   Untrace   Trace   Private Reply  

as far as your actual defense against the charge against you, (driving without ''license'') i have no experience in that matter, but i would be interested in a copy of the defense you used to win in the past. if i were you i'd shout it from the rooftops and release it widely to the world. what a victory to be proud of.

I am going to have to look for that again. I had a copy on my last computer. I found it on the net. It was a case out of Pennsylvania. I cut and pasted it. Read through it and made some changes to to reflect on the Ohio State Constitution.

I was scheduled for a jury trial on that case. I went to trial that day with my notes and some poster boards I made. The court had ruled against my motion. Without reason. Anyway I went to court and got the jury selection papers I was going through. Then they called me up to the bench. The judge told me that I wasn't to use the constitution as a defense that she had already ruled against it. She asked me if I understood what she said. I remember saying "I understand that the constitution is the supreme law of the land. She said something else. Then I also remember saying. "Your honor is the constitution of the United States of America in effect in this court. She then said "I am offended by that question and will not answer that question". To which I replied "Let the record show that the judge has refused to acknowledge that the constitution is in effect in this courtroom". She slammed down her gavel and called recess and told me to go back to the jury selection room. Not five minutes later the prosecutor came in and said we made a mistake the way we filed your papers. So we are going to have to dismiss the charges. He said it wasn't because I was right but because of a paperwork problem.

I still had to go to court for wreckless driving though. You see my tire blew out on the highway and my car spun off to the side. The fuel safety shutoff got triggered and I couldn't get the truck started again. Anyway that charge didn't allow a jury trial so the judge just found me guilty of that charge. I was a little disappointed because I wanted the jury to find me not guilty of everything. But I was overall happy with the outcome as I was not going to jail.

One other note on that case. When I was before the judge the prosecutor motioned to let the judge and I guess myself know that a "federal observer" was going to sit with the prosecutor and if I objected or the court objected. I didn't object. I always have wondered why the federal observer was there.

And thank you for your advice.

Old Friend  posted on  2009-03-02   7:55:51 ET  Reply   Untrace   Trace   Private Reply  

To which I replied "Let the record show that the judge has refused to acknowledge that the constitution is in effect in this courtroom". She slammed down her gavel and called recess and told me to go back to the jury selection room. Not five minutes later the prosecutor came in and said we made a mistake the way we filed your papers. So we are going to have to dismiss the charges. He said it wasn't because I was right but because of a paperwork problem.

As I stated above, the Constitution does not apply in that so-called court room (tribunal), BUT, they do not want such info being put before the sheeple. And the judge is well aware of what you were doing before, and will be prepared this time. You go into that court room with the same arguments and start doing things, she will warn you (she is required to), and then she will throw the book at you.

Look at your state codes; generally (everywhere I have looked), the Uniform Commercial Code is printed in front of the State Constitution. Why? Because it is based on contract law and overrides any Constitution once a signature has been obtained on a piece of paper. Your state constitution has language in it that confirms the right to contract.

I will never understand why people do not understand that everything that they sign is a contract. PERIOD!

Now, if your state has a searchable data base on the law and codes, look for a connection between insurance and/or state issued lic. plates and a drivers lic. It exists somewhere in the codes, I assure you. Ifn you gots one of them three, you gots to have all three. Basic contract law everywhere.

richard9151  posted on  2009-03-02   9:41:44 ET  Reply   Untrace   Trace   Private Reply  

As I stated above, the Constitution does not apply in that so-called court room (tribunal), BUT, they do not want such info being put before the sheeple. And the judge is well aware of what you were doing before, and will be prepared this time. You go into that court room with the same arguments and start doing things, she will warn you (she is required to), and then she will throw the book at you.

She isn't a judge anymore. This is a different court.

Old Friend  posted on  2009-03-02   9:43:27 ET  Reply   Untrace   Trace   Private Reply  

#23. To: Old Friend (#22)

She isn't a judge anymore. This is a different court.

Does not matter. He/she/it; believe me, they are up to date and well aware of what you were doing before. Count on it.

richard9151  posted on  2009-03-02 09:44:47 ET  Reply   Untrace   Trace   Private Reply  

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