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You Don't need a Lawyer ! Look up all the post I have done under Fighter 1, In short all you need to do , if you are from out of state you can do a declaration by mail and you must in that letter DEMAND a verified complaint on the Notice to Appear, Citation or what ever the cop's have given you . That is your formal ( and Legal ) Demand to face your accuser, your constitutional right to due process, under U.S. Title 42, 1983. The problem is that the officer can not give the court one because there was no injured party and with out that the courts have NO jurisdiction in the matter and they dismiss your case and you pay nothing , plus you get a little legal experience in the process. Just today One man In Northern California went in to court for his trial after having done the same at his arraignment 30 days prior and when he came before the Judge, she told him that his case had been dismissed saving him almost $2,000.00 in fines.
Anyone considering following this advice should proceed with caution. This nonsense has been posted here before, and I asked one of our members (a licensed, practicing attorney) about the validity of the claim. Here's his response:
Quote:
Originally Posted by Mikeheel
Every now and then, someone tries it - just like folks argue the income tax code does not tax domestic income.
I paid $300 to a lawyer a few years ago for a ticket. No points, no dealing with the courthouse. They send out advertisements within days so I price shopped from them and problem solved. I would of paid $300 to just avoid the courthouse, let alone the fines lol.
My husband did the same thing last year, simliar price as well. I think we received about 14 or 15 letters from different attorneys. My husband never even met him in person, all was done over email and phone (I wont lie this made me nervous but all worked out just fine).
Anyone considering following this advice should proceed with caution. This nonsense has been posted here before, and I asked one of our members (a licensed, practicing attorney) about the validity of the claim. Here's his response:
Again not to be arguemenative with one of the Mod's on this site ,but he is a member of the bar, the same corporation as the courts, and he states no law, or rule of court as to why one should not use this response in an action in court., he dosen't state what is or isan't a verified complaint , instead he makes an assumption that it is nonsence. This member has paid a lot of money being "Educated" by and under the same corporation. do you really think he would support any idea that a pro-per person could do and suceed in a court of law doing the same type of work that he had paid thousands of dollars? , do you think he would support the thought of someone fighting in the same courts that he does without the same credentials ( bar license) ?. Weather or not anyone believes or cares what your constitutional rights are, they are there to help you defend your self. Given that , I have the pleasure knowing those that do use it and succeed in winning their case, proves this action is not nonsence. Additionally I never said anything about the tax code in any of my postings , as usually his responce just cercumvents answeringthe question in a proper foremat and provide suporting evidence to support his statement. Just topical legal gibberish.
Last edited by Fighter 1; 04-04-2012 at 07:18 PM..
Additionally I never said anything about the tax code in any of my postings , as usually his responce just cercumvents answeringthe question in a proper foremat and provide suporting evidence to support his statement. Just topical legal gibberish.
He used the tax code as an example of another common fallacy. His response was short and to the point -- I didn't ask for supporting evidence, thus he didn't supply any.
I've read some of your other posts here, in which you claim to have had tickets dismissed. However, you fail to prove that it was this "method" that was the cause for the dismissals, nor did you outline the specific steps you took that resulted in dismissal.
People are free to make their own choices, and if they want to believe a random anonymous poster on an internet message board over a licensed attorney, they're free to do so. I simply encourage people to use common sense and good judgment, especially when it comes to legal matters.
Last edited by Green Irish Eyes; 04-04-2012 at 08:43 PM..
My husband did the same thing last year, simliar price as well. I think we received about 14 or 15 letters from different attorneys. My husband never even met him in person, all was done over email and phone (I wont lie this made me nervous but all worked out just fine).
The same thing happened to me. I got a ticket between Clayton and Smithfield. I got about 10 letters in the mail, chose the cheapest one and they took care of everything for $300. If I can find his name, I'll post it or send a message. It can be done cheaper than $500.
He used the tax code as an example of another common fallacy. His response was short and to the point -- I didn't ask for supporting evidence, thus he didn't supply any.
I've read some of your other posts here, in which you claim to have had tickets dismissed. However, you fail to prove that it was this "method" that was the cause for the dismissals, nor did you outline the specific steps you took that resulted in dismissal.
People are free to make their own choices, and if they want to believe a random anonymous poster on an internet message board over a licensed attorney, they're free to do so. I simply encourage people to use common sense and good judgment, especially when it comes to legal matters.
WOW! common fallacy ?? some one better check with city-data member drew1503, he must be dreaming. He has been using the process I have been explaining here, If my process is a "fallacy" then the Judge that heard his case at the county seat level has a big problem because he sccolded the DA's attorney for failing to comply with the Penal code and ignoring drew1503's request for a "verified complaint" persuant the California penal code , ( the law) and yes the Judge did DISMISS the action . Just another victory for the people , Now I have posted proof for all to see. as to specific steps , pls reread my post's , I do believe I have listed step by step as to how the process needs to be handled ( Its really simple , a 5th grader can do it ).
WOW! common fallacy ?? some one better check with city-data member drew1503, he must be dreaming. He has been using the process I have been explaining here, If my process is a "fallacy" then the Judge that heard his case at the county seat level has a big problem because he sccolded the DA's attorney for failing to comply with the Penal code and ignoring drew1503's request for a "verified complaint" persuant the California penal code , ( the law) and yes the Judge did DISMISS the action . Just another victory for the people , Now I have posted proof for all to see. as to specific steps , pls reread my post's , I do believe I have listed step by step as to how the process needs to be handled ( Its really simple , a 5th grader can do it ).
This is the forum for Raleigh, North Carolina, not California.
There are no posts by a member named "drew1503", so it's going to be difficult to determine whether he's dreaming or not. <*shrug*>
Regardless, if anyone wants information on this "process," please contact this member via DM, as it's off-topic for this thread and this forum.
Anyone with legitimate advice for the OP, please continue to post it here.
Since this keeps coming up: 42 USC 1983 is a civil rights law that gives a civil right of recovery to individuals whose federal civil rights have been violated by a local or state government official. There is no provision for contesting a ticket or any other criminal proceeding under 1983. It is purely a civil redress statute and is most commonly applied in unreasonable search and seizure cases and police brutality claims. FWIW, judges and prosecutors have been granted absolute immunity by the Supreme Court for 1983 claims.
BTW, if it worked, you can bet every traffic lawyer would use it. They'd look like geniuses getting all those tickets dismissed, wouldn't they?
In terms of whether there's even a viable civil claim for damages, the courts have consistently ruled that routine traffic stops, so long as they were based on normal probable cause (like seeing someone was speeding) rather than something more insidious (like racial profiling) do not give rise to a 1983 action. It may be possible you can find an occasional judge who cannot read the law, but I would not count on that as my approach to handling a legal matter.
Hello. Got a speeding ticket in Clayton this week. I was only going 67 in a 55 and keeping up with traffic.
I'm from NJ where you can go to court, pled guilty, get reduced, and pay fines w/o points. Here you get a lawyer, pay $500, and they get the tix erased by "faulty equipment".
Besides that being totally immoral and the definition of how crazy our legal system is, does anyone know a lawyer who they recommend & doesn't charge over $350???
I sent you a recommendation for an attorney via DM.
Meanwhile, you could also just plead this one down yourself. At that speed, it's possible the DA would reduce it to Improper Equipment without needing an attorney. I'm not sure what the local policy is on that at this point, though. If you want to save the attorney fee, you can always call the DA's office and ask about their policy.
At the very least, if you have a clean record the past three years, you could plead the ticket down to 64 in a 55, which would not give you any insurance points. However, that would still show up on your record and could cause problems in the future (for instance, NC revokes your license if you have two convictions within 1 year of each other if both are for more than 55 mph).
Some folks might suggest a PJC, or Prayer for Judgment Continued. I'd avoid that for a variety of reasons, but the main thing is that it should be your last resort. You have better options.
Good luck,
Mike
Disclaimer - I am an attorney but I have not handled traffic tickets in over 10 years and am offering this feedback without full knowledge of your background. You should contact an attorney practicing traffic law in order to get specific legal advice.
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