Plan to win on appeal
From LibertyActivism
In my experience about half of those that go to trial for a traffic citation, get it dismissed because the citing (arresting officer) doesn't show. I have never been so lucky and I'm found guilty regardless of my approach. So, I will now presume that I'll be challenging a guilty verdict on appeal from the time I see the blue and red light in the mirror.
Contents |
At the stop
Actions that might help an appeal: Sign driving license "without prejudice" or "under duress", instead of signature. Establish detainment: Am I under arrest? Am I free to go? Ask if information on the license and registration could be used against you in a trial? Ask if the officer has any first hand knowledge of a contract between you and the state? Ask who has been injured or damaged? Don't answer questions about driving habits. Ask what the consequence of not signing a ticket is? Add the words, "under coercion and duress", next to your signature.
Before arraignment
Serve the court and prosecutor with a notice of standing and acceptance of oath of office. Serve the court with question about jurisdiction.
At arraignment
Announce your standing. Ask who is prosecuting. Ask why you didn't get answers to your questions and explain you can't enter a plea until jurisdiction is established by those answers. Make the oath of office an issue since it requires a trial by jury. Decline to under-stand, stand-under, the charge. Don't accept the role of surety or defendant in the case.
At trial
Don't accept or aknowledge the charge. Point out the lack of controversy because the prosecution didn't respond. The officer can't be the prosecutor. Question the officer about his oath of office, lack of victim, lack of agreement or contract.
