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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: 290
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

Post Comment   Private Reply   Ignore Thread  

Begin Trace Mode for Comment # 4.

#1. To: Old Friend (#0)

I don't deal with Admiralty Law or it's (all of them) courts. Sorry can't help.

Rotara  posted on  2009-03-01   17:29:22 ET  Reply   Untrace   Trace   Private Reply  

So you just ignore them and don't show up?

I've done that before then they come knocking on my door and shit.

I once asked a judge acting ignorantly why there was gold fringe on that flag on his court and I thought the American flag was red white and blue. He looked at me and somebody has been telling you something haven't they. That is all he said about it.

Old Friend  posted on  2009-03-01   17:32:50 ET  Reply   Untrace   Trace   Private Reply  

I once asked a judge acting ignorantly why there was gold fringe on that flag on his court and I thought the American flag was red white and blue. He looked at me and somebody has been telling you something haven't they. That is all he said about it.

http://www.freedom4um.com/cgi-bin/readart.cgi?ArtNum=92741

Rotara  posted on  2009-03-01   17:40:35 ET  Reply   Untrace   Trace   Private Reply  

From your link

You will decide the facts of this case and I will give you the law. The law required this man to file and Income Tax form; you decide whether or not he filed it. What a shock! The jury convicted him. Later some of the members of the jury said, What could we do? The man had admitted that he had not filed the form, so we had to convict him.

The same Judge I told you about earlier. We were in a jury trial. I started bringing up the constitution and stuff. The judge called me to a sidebar and told me to quit talking about the constitution. I said to him but John Jay said that the jury was to judge law and facts. I can't remember what he said but he basically said to shut up about it. I went back to the podium. I had a copy of the constitution printed out. I took it and ripped it in half. Then I said I guess the constitution isn't in effect in this court room. So I must rest my case.

They found me guilty that time.

Old Friend  posted on  2009-03-01   17:51:30 ET  Reply   Untrace   Trace   Private Reply  

#5. To: Old Friend (#4)

I don't deal with the kangaroos.

Rotara  posted on  2009-03-01 17:52:23 ET  Reply   Untrace   Trace   Private Reply  

Then I said I guess the constitution isn't in effect in this court room.

That is and was correct. You were/are in an excutive tribunal (under the commander-in-chief) which is only competent to hear matters of contract. For general info, look up tribunal in a Black's Law Dict. and read the description of the court setting.

Did you have a driver's license? Was it revoked, or, did you lose it or simply not renew it?

Do you have state-issued license plates on your car? If so, case is over -- you are going to lose 90% of the time and believe me, the judge knows if you do or not.

Do you have a loan on your car? If so, case is over -- you are going to lose 90% of the time and believe me the judge knows if you do or not.

Do you have a state issued Certificate of Title for your car? If you do you are going to lose 95% of the time and believe me, the judge knows if you do or not. By the way, a certificate of title is not the title to the car; it is a certificate that stands for the title and entitles you to the beneificial use of the car; nothing more, and only according to the established laws of the state....... such as having a driver's lic. in your possesion when driving the car.

Do you have a Social Security number? If so, case is over -- you are going to lose 90% of the time and believe me, if the judge does not know yet, he will before this goes very far.

Are you answering his questions in the tribunal? If so, he has jurisdiction, and you have a real problem.

Sure you want to pursue this?

richard9151  posted on  2009-03-01 18:33:32 ET  Reply   Untrace   Trace   Private Reply  

http://www.apfn.org/pdf/ExD401.jpg

The court's are corporate/commercial courts. If you have a SSN you've opted to use them. The Judge has summary authority regardless of the law.

www.apfn.org/apfn/drivers-license-scam.htm

noone222  posted on  2009-03-02 05:22:11 ET  Reply   Untrace   Trace   Private Reply  

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