The Four Organic Laws of The United States of America

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traffic ticket

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Logos
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traffic ticket

#1 Postby Logos » Fri Dec 28, 2018 7:17 am

Recently a policy enforcer handed me a ticket for my "unregistered vehicle", after which I promptly mailed it in after checking the "not guilty" box. I plead, as opposed to mailing it in without a plea, to help get the proverbial ball rolling so they'd mail me an acknowledgement of their receipt of the ticket, which they later did. A plea doesn't estop one from raising the issue of jurisdiction, which can be challenged at any time.

Their receipt letter also stated one should mail it back with any additional information one might want a state's attorney to review, prior to his deciding to initiate courtroom drama. I replied back with a slimmed-down version of the two page predecessor to our Memo/N&D template suite. I gave it to a friend some time ago who claims to have used it on petty tickets several times for both himself and others, with 100% success.

I was confident that our old handiwork is sufficient to address this issue, and desired to save on the postal costs of mailing the full document package. The case was nolle'd.

The "State" has plenty of plausible deniability here, as they (a) don't state the reason for the nolle and (b) even said in the ticket receipt letter that the ticket may be nolle'd with no action on my part; this has happened to me in the past, presumably because their caseload at times is too burdensome.

NOTE:
Unlike the new docs, the old one is not a demand but rather an informal letter suggesting that not proving TJ may place the moving party in an unfavorable position. Therefore, I think I can also speak for my co-author when I say the old doc may suffice only for minor issues, e.g., parking and minor traffic citations. It would behoove one to use the full template suite for more serious challenges from the gov't, or any action initiated by a private party/attorney.
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iamfreeru2
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Re: traffic ticket

#2 Postby iamfreeru2 » Sat Dec 29, 2018 5:34 pm

Very nice Logos. Well done!!
1 Corinthians 1:18 "For the word of the cross is foolishness to those who are perishing, but to us who are being saved it is the power of God."

Logos
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Posts: 42
Joined: Sun Jun 10, 2018 4:49 pm

Re: traffic ticket

#3 Postby Logos » Mon Dec 31, 2018 1:19 am

Thanks!

I think I was mistaken in my letter to the Bureau. I now think the other party left "liable for damages" was not Town of Windsor but State of Connecticut. Although the guy works for Town of Windsor as a cop, it was instead State of Connecticut, in the guise of a state attorney, looking to benefit from his misdeed; Town of Windsor's attorney would have sued if I was allegedly cited for violating a Town ordinance, for example, in which case the Town would be the other liable party.

The same applies to the TRAFFIC template in that State of Florida is the other party liable for damages, not State of Florida Highway Patrol, as the suit would be initiated by a State attorney for State of Florida.

In short, when determining who/what is the other party liable for damages we must look to the party initiating the suit (plaintiff looking to benefit), not necessarily the party for whom the offending man/woman immediately works for.

In the end, people are going to do what they're going to do. If someone working as a cop or other gov't official goes "rogue", I don't think it would be fair to try to hold his/her employer liable for his actions--especially if he/she isn't even claiming we violated his employers laws/ordinances--unless said employer was trying to benefit from his/her misdeed (i.e., become an accessory after the fact?).

In my case and the TRAFFIC template scenario, the cops aren't claiming Town of Windsor's ordinances or State of Florida Highway Patrol's own policies, respectively, were violated, but rather State of XYZ's statutes.


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