For the lawyers among us-- does this have merit ??

flatchat(Chris)

Supporter
Its a bit of a read --but I know of some smarties that are challenging the rights of the constabulary (public servants) for traffic infringements etc
I'd be interested in comments from our wise community-----

When you see that a Pub...lic Servant (always refer to them as such) has put on Red and Blue Lights to pull you over as you are traveling non-commercially in your vehicle of conveyance or “Pleasurecraft”, follow these guidelines:
Immediately put on your hazard lights and slow down by 10 mph- this alerts the Public Servant to the fact that you acknowledge him/her and that you are not evading or resisting a traffic stop, and then
Proceed to a well-lit public place like a gas station or deli for your own safety, (witnesses) and for the safety of the Public Servant, so they do not risk being hit by a car on the side of a road. Being parked legally in a public space refutes the need to have the car towed for any reason, as anyone with a valid license can come for it and it can be registered or insured the very next day if either has elapsed.
As you drive to the well-lit public space, breathe deep, relax, smile and know that everything will work out for the highest good of all- breathe and visualize yourself surrounded by white light, angels of protection and/or the power of the Creator/Source
As you drive to the well-lit public place, or once there, make sure you are ready to use your $25 Dashcam from Amazon, the Fi-Vo App on your iPhone and prepare to initiate a Live Google Hangout on your 4G iPad or tablet device. Turn off your engine and any music or radio. Be completely relaxed, at-ease and fully present- don’t forget to BREATHE.
2) LOCK ALL YOUR DOORS. DO NOT lower your window more than one centimeter when the Public Servant walks up to your window maintain solid eye contact and smile. It is likely they will ask you to lower it and you just smilingly reply along these lines:
“There is no need to, I can hear you just fine and I am comfortable with the window at it’s current level, thank you. I am a Peaceful Man/Woman and I bestow my blessing of peace upon you right now, will you assure me of your peaceful intentions as well? Again, I am a Peaceful Man/Woman and I want to have your assurance that you will deal peacefully and professionally with me- will you?”
(Once they acknowledge that they are peaceful too, proceed)
“First, I will be needing your name and badge number and some form of ID so I know exactly who I am dealing with. In addition, I am making you aware that our entire interaction is being recorded on 3 video devices which upload all video and audio to a remote and secure server in realtime- again this is both for your safety and for mine”
These 3 devices are your $25 Amazon Dashcam recording onto a $20 video card, your iPhone with the Fi-Vo App, which starts recording as soon as it is opened and uploads all video and audio to your Dropbox (Make sure 5 of your friends and family have the login password info) and your iPad or 4g Tablet, which is recording everything in a Live Google Hangout with friends watching and which is then automatically converted into a shareable YouTube Video. You will have to organize with 20-30 friends and create a shared Google Circle so that you can invite them to the live Google Hangout all at once by inviting that Google Circle at the touch of a button. Practice hangouts in advance to get the “Hang” of them. Agree to be available for you friends as a live witness in a similar situation.
Now, this is very important, DO NOT allow the Public Servant to establish JOINDER or gain JURISDICTION by handing them any ID with the ALL CAPS NAME- which they seek to obtain in order to gain your consent to contract with them. Most people give their consent and establish JOINDER as soon as they hand over the “License, Registration and Insurance” upon request. You must be strong and refrain from doing so. Without your consent they cannot establish JOINDER and cannot gain legal JURISDICTION over you, the Living man/Woman, TRAVELING peaceably in your Pleasurecraft of Conveyance (never say “Vehicle, Car, Automobile, Driving”)
Everytime this matter has been brought to the Higher Courts, the Right To Travel has been reconfirmed as a fundamental inherent Right which cannot be infringed. they can only involve you in their fraudulent Legalandia Name Games by obtaining your consent to be SURETY for the ALL CAPS NAME, the Corporation that was established legally when you were REGISTERED at birth via the Birth Certificate.
After obtaining the ID, Name and Badge Number of the Public Servant, DO NOT say anything other than:
“I am a Natural-born Citizen of a Sovereign State and am not subject to the Motor Vehicle Code. I thoroughly know the Law and my Rights. I invoke my Right to remain silent”
If he/she tries to get more info, asking questions, say:
“I don’t answer questions.”
“Am I being detained?”
“Am I free to go?”
“Am I under arrest?”
“I don’t answer questions.”
“Am I free to go?”
If the Public Servant says you are not free to go, ask again:
“Am I under arrest?”
If The Public Servant says “No”, reply:
“Well then I will just be on my way, have a good day/evening” and start your car. If the Public Servant continues to equivocate and stall, INVOKE A HIGHER AUTHORITY and demand to speak to his Superior, the Local County Sheriff, as you feel that your “Rights are being violated as per United States Code Title 18 sections 241 and 242, which are Conspiracy Against Rights and Deprivation of Rights Under Color of Law, respectively, each carrying heavy civil penalties that you, the Public Servant, can be held personally liable for”
Then immediately ask one final time:
“Am I being detained?”
“Am I free to go?”
If the Public Servant says you are NOT free to go, say;
“For the record, what is the articulable probable cause that leads you to believe that I have committed or am about to commit a crime that authorizes you to stop and detain or arrest me?
I am not “operating” in a “for hire” capacity by engaging in any form of “transportation” or other commercial use of the highways. Officer ______, Badge #_______, please acknowledge that you have been so informed.
For the record, it is my belief that the information you are demanding may possibly be used against me in a court of law or in an attempt to incriminate me and if that is so, ten, upon the advice of legal counsel, I must respectfully decline to provide you with any information or evidence that possibly can or would be used against me for those purposes.
In addition, I do not consent to being detained by you for any additional time or other purposes. Am I free to go or are you just going to continue to illegally and falsely imprison me beyond the time needed to conclude this stop?”
If the Public Servant continues to stall or equivocate, rather than permit you to be on your way without further impediment, say:
“For the record, in order to protect my Rights and not waive any by error or accident, I wish to clarify my legal understanding of the situation:
“You said that I am not free to go, so I must conclude that I am in a custodial arrest and not simply an investigative detention.”
“Therefore, I am invoking all of my fundamentally protected rights, including my rights to remain silent and my right to assistance of counsel.”
“From this point forward I do not consent to providing you with any information or documents that could or will be used against me in a court of law or to possibly incriminate me, so please do not ask me to produce anything and give it to you.”
“From this point forward please do not ask me to answer any questions or to perform any form of test relating to any matter whatsoever without my legal counsel present”
“Officer ________, Badge #_________, do you intend to harm, injure or punish me by any method of assault, arrest and/or incarceration because I have invoked these fundamentally protected Rights?”
If the Public Servant makes any inference that he smells alcohol or marijuana, say:
“Officer ________, Badge #_________, your statement is patently false and an outright lie. Are you now trying to fabricate probable cause by making false statements into the record and false allegations against me?”
If the Public Servant implies threat in any way, either overtly or directly, say:
“Officer ________, Badge #_________, due to your attitude, demeanor and your continuous threats to falsify charges and commit acts of violence against me and my property while displaying a deadly weapon, I feel physically threatened and in fear for my life. I demand that you cease and desist and request the immediate presence of a supervisor. I do not consent to any of your actions, the use of force against me or my property, or to being forced to exit my car for any purpose, especially so that you may attempt to steal my property and/or assault, injure or kill me”
If the Public Servant continues to threaten you in any way, say, and repeat over and over again for every new threat:
“Officer ________, Badge #_________, I do not consent to being detained for any additional time or for any other purposes. Am I free to go or are you going to continue to illegally terrorize, threaten and falsely imprison me beyond the time needed to conclude this alleged “transportation stop”?
At this point, it is likely that one of 3 things will happen:
The Public Servant will realize that he caught a “Live One” and will throw you back into the water and let you go unmolested.
He will issue you a Ticket/Summons (how to sign below)
He will call for back-up and/or ask for the Sheriff to be present.
REMEMBER, INVOKING AND REFUSING TO WAIVE YOUR FUNDAMENTAL RIGHTS IS NOT AND CANNOT BE CONVERTED INTO A CRIME. IF YOU ARE ARRESTED AND CHARGED FALSELY FOR INTERFERING/OBSTRUCTION, THEN YOU GET TO SUE THE CRAP OUT OF THEM AND RECEIVE JUST COMPENSATION AND DAMAGES: $$$$$$$
Remember, your personal safety come first. Never comply or agree with any proposal the Public Officer makes, because that grants them power and jurisdiction and will come back to bite you on the butt. Do not exit the vehicle under any circumstances, if you need to, reiterate that everything is being recorded and uploaded live for all the world to see. Do not insult, challenge or debate a Public Servant at a traffic stop and get yourself hurt. Remain in Honor.
If for some reason they end up pulling some crazy-ass move like smashing your window- at that point, comply with every directive of the officer and do not resist arrest or create any circumstances that can escalate violence or the use of force- just remain totally and absolutely silent and go limp, make them move you- do not resist- but do not cooperate in any way in any of these unlawful and dishonorable actions.
At this point, they are going to do whatever they are going to do, so if that means bringing you down to the police station- do not resist and do not speak. Immediately invoke your right to remain silent and just go with the flow.
Invoke your right of Habaeus Corpus if they intend to jail you, this is a Constitutional guarantee of Due Process by which they must allow you to appear before a Judge or magistrate to settle the matter before incarcerating you.
Whatever you do, in Court or out of it, NEVER AGREE TO BE SURETY FOR THE ALL CAPS NAME. Absolutely deprive them of the ability to gain JOINDER and challenge Jurisdiction immediately while proclaiming as often as possible “I Do Not Consent”
TICKET
If you are issued a Ticket/Summons:
1) Write V.C. (Via Compulsiva) BEFORE your Signature. This indicated you are being forced to sign under threat.
2) Sign with an illegible Scribble Mark as your “Signature” followed by the words “Without Prejudice - UCC 1-308”. This reserves all your rights.
3) On Bottom Right, write “UDTC” (Under Duress, Threat and Coercion)
The Public Servant will slip you back your copy thru the tiny crack in your window. Take your copy home home and then:
Across the face of the Ticket, Diagonally and in RED INK, write “Disputed, Refused for Cause” (This indicates your refusal to contract)
Sign with an illegible Scribble Mark as your “Signature”, date it and copy it.
Send it “Return Receipt” (Proof of Reception) to the address listed and make sure it is postmarked within 72 hours of it’s issue. This is the period of Right of Refusal, or the 3 Day Right of Rescission.
If you do this, you should never hear from the Court again. If there is a formal response and you are asked to appear in Court- be sure to make a Special Appearance (Google It) - a way of settling the matter without having to ever physically show up in Court.
COURT
If for some reason you wish to accept the invitation to Court, go with an understanding of these legal terms and case laws:
1) Quo Warranto~ “By What Authority?” Challenge Jurisdiction
2) 18 USC 31 Chap. 6 (Definition of a Motor Vehicle)
3) USC Title 18 sec. 241 & 242
(Conspiracy Against Rights and Deprivation of Rights Under Color of Law)
4) Hobbs Act 18 USC 1951 (Deals with Robbery and Extortion, Prevents the Taking of
Personal Property if your Pleasurecraft is impounded)
5) Title 42 USC 1983 (Civil Action for Deprivation of Rights- Used to sue Judges and
Public Servants for abuse of authority and dereliction of duty)
6) FRCP 12b6 (To help avoid being ignored with a regular tactic they use “Failure to state a claim upon which relief can be granted.” Make sure you always state a solid and lawful claim upon which remedy MUST be granted)
Remember, your Consent is gained via “Adhesion Contracts” that were never disclosed to you at the Titling and Registering of your “Vehicle”/Pleasurecraft. See CVC 17459 17460/ Charlie Sprinkles Case. It applies in your State too or it become ‘Void for Vagueness”
In Court, you must appear “Sui Juris” as a “Belligerent Claimant” of your Inherent Right to Travel. Your goal is to establish, on the record, that you were engaged in TRAVEL, and that you were NOT “Driving” or “Operating in Commerce”. (Motor Vehicle Code only applies to those who are driving in commerce, or “for profit”)
If you need more time to prepare your case, you can always motion to “Postpone to a Future Date”
Never take a plea deal or enter a plea of any sort. If the judge enters a plea for you, object right away and motion to strike the plea. Demand to know what rules the Court is going to proceed against you with so that you can use their own rules against them, they rarely follow them to a “T” and if you can point out a procedural error, the case will be dismissed with prejudice.
Raise the issue prior to trial that they have violated their own procedural rules, and that they have done so in a manner that knowingly and willingly violated the Right of Due Process.
Proceed to point out the numerous crimes listed in the NJ (or your state) Penal Code that they have actually committed by doing so, even to the degree of pointing out how they had gone about violating each element of the crime. They may bluff and proceed right up to trial, but will end up dismissing the case anyway.
If they did not dismiss, then all the motions you have written and filed would become an active part of the record on appeal and their crimes would now be open to the public via the pleadings and the attached criminal complaints.
In Court, keep asking questions, even if it takes hours. Ask them to legally define everything.
As a last resort, file a Deprivation of rights case using Oath of Office violations for Breach of Contract under Article 1 Section 10.1 of the US Constitution. Request Discovery, proving the existence of the law that you must be regulated to TRAVEL.
Federal Law trumps States statutes and codes (neither of which are laws).
Look up the Uniform Bonding Code PDF 5.2 and 9.2- this PDF will educate you on how Municipalities are Bonded/Insured and how you can go after the Bonds of individual municipal Employees like Judges or Police Officers if they violate your Rights. The last thing a Municipality wants is to become uninsurable from too many violations where the insured municipal employees have been repeatedly sued for abuse and have increased liability to the point where the Bonding Company drops the policy and no other Bonding Company will cover such a troublesome Municipality that cannot keep their employees in-check.
Challenge Jurisdiction of the Public Servants (Title 5 USC 556d) and demand they prove they are lawfully qualified to practice law over your Rights under the Bill of Rights. Ask the Judge and Prosecutor for their oaths and if you lose the case, file Title 42 1983 action against the Public servants. The Judge and Prosecutor are committing “Deprivation of Rights” as are all other Public Servants in fact.
 

Larry L.

Lifetime Supporter
My prediction is if you do all you're suggesting when a LEO pulls you over, he WILL then take a look at your entire vehicle from stem to stern looking for equipment/safety violations and whetever else he can think of...and he WILL find multiple 'somethings'...whereupon he'll cite you for all those, too.

In the end, by the time you file all the lawsuits and motions, etc., you're suggesting, you definitely will have spent a few thousand dollars in addition to whatever your original ticket would have cost you all by itself...not to mention the cost you'll shoulder in lost wages pursuing said strategy to the end.

Bottom line: just pay the ticket (if you actually are guilty) and vote "NO" on every new tax measure/tax increase and every other government 'request' you find on your election ballots from then on no matter for what purpose it/they may be intended. In the end, your vote(s) won't matter either any more than your ticket strategy did...but, you won't be as 'light-in-the-wallet' for having done so.
 

Keith

Moderator
All of the above I'm afraid Chris.. They'll get you one way or the other. Best to be "invisible". Try half that and you'll be marked for life..:cry:
 

Pat

Supporter
++Larry,

My brother was a policeman and his advice was to plead not guilty and just to show up in court. If you were not a belligerent ass and the offense is not something awful (i.e. DUI or an accident), you have a fair chance in that the police are so busy, they don't have the time to go to all their court dates. If you are there and they are not, in many jurisdictions, the judge simply dismisses the ticket. But check to see if there are any additional court costs for contesting the ticket first, it may be easier/cheaper to simply pay it.
Of more concern here than the fine is the impact on insurance rates. In some locales, you can attend a course and have the points removed from your license and minimize the rate hit.
One other thing to consider, I've been pulled over twice in the '40 and the officer simply wanted to look at the car. I can easily imagine that if you want to act the ass out of the box, that contact with law enforcement could turn out considerably more unpleasant than Officer Smith taking a few selfies with your car.
 

Larry L.

Lifetime Supporter
I have a solution. Don't break the law.

'Impossible to accomplish, Pete. There are hundreds of thousands of "laws"...and NO ONE knows 'em all. No one. As a consequence, all of us break a trainload of 'em every day...and, as we all know, ignorance of the law is no excuse...so...

(Yeah...I 'got' your point! :D)
 
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