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I NEED HELP !!!!

To my friends at the Daily Paul, in less than 12 hours….

I am sorry for posting this on such short notice. I myself just became aware of it this morning. My son’s best friend (two weeks away from 18) was ticketed for the following;
Mo. Code #380.020, failure to have lights on at a certain time. Thirty minutes before dusk or dawn. Also 390.205, Failure to signal a turn. One stop, two tickets. I am not sure of the actual code numbers, they were hard to make out on his tickets. I think (BIG stretch) that I read them right.

He told me that when he was stopped, it took 15 to 20 minutes before the local cops even approached his car, and another 15 minutes before they wrote the tickets. (That is the ‘time’ wrote on the tickets. It was light enough he did not need his lights at the time. He also stated that when he started the car again, the first thing he had to do was turn OFF the turn signal.

This is nothing more than a case of harassment or a attempt to meet the daily quota. I have known this boy for ten or more years. He is one of the VERY FEW people I would ride along with, and not worry about safety. I live WAY in the country and this kid uses his turn signals to turn into my yard! I care enough about him that I have told him he could come live with me and my family. (he does not get along with his current house-hold. (step mom/sisters/dad, who is retired military).

This is simply a case of harassment and revenue for the county.

I drafted the following for the kid to read to the court.

JUDGE: How do you plead?
ACCUSSED: For the record, I am here Pro Per. I am not well versed in the law. I do not understand the charges or the laws concerning them. There-fore, I cannot plead guilty or not guilty nor will I allow the court to enter a plea of guilty or not guilty for me.
I do know that the charges are being brought against me by members of the Buffalo City Police Department who are agents for the state. I am being prosecuted by the County Prosecutor who is an agent for the state. Further more your Honor, you, yourself, are an agent of the state. Which Is a clear, conflict of interest on your part.
I cannot possibly, with any reasonable hope, expect to receive a fair, unbiased and impartial out-come given these conditions. I demand, that, should the Prosecutor not dismiss these charges, that I be afforded my right to an, Article Seven, trial by jury in accordance to the rules of law.
Any determination by this court other than to move to a trail by jury will be appealed to the next higher court.
When I took him home, he asked that I come in and explain or answer any questions his dad had. What his dad said, shocked the hell out of me and left me speechless. I could not believe that I was hearing this from a veteran. “Dallas County is a small community, it’s better that he just plead guilty and pay the fines”. He went on to tell his son, “plead guilty and I will pay the fines, anything else and you are on your own”. GOD, I hope that the military doesn’t cave in like this one did!! This man fought battles for our country, but when it comes to standing up against the county for his son, he is a coward. Excuse me, the politically correct name is ‘sheeple’. How does anyone expect change if we ourselves don’t change?

I guess the purpose for this post is to obtain as many letters of encouragement as I can to show him he is not alone. He knows right from wrong. He KNOWS this is nothing but extortion. He wants to read the statement. But he also is (understandably) scared of dad.

I KNOW the county will drop the case if he reads this statement. I AM prepared to defend him if they do not. I WILL pay all the charges myself, if I lose.

The hearing is tomorrow at one o’clock. PLEASE, post some letters of encouragement for this young man.

YOUR servant for freedom, Clay Carey

Update: The kid went to the prosecutor to see if he could just pay the tickets. He was told that there were no “set” fines for these violations and that he would have to go before the judge. He caved into his dad and pled guilty. Received a $5.00 fine on each ticket and paid court costs of $45.00 on EACH ticket. It’s all about the money.

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Interesting information

from DP friends that may help in the future.

livefree question

Are you familiar with the Missouri Code of criminal procedure or the Missouri penal code ? govt code or the administrative code ? In Texas a drivers license is not recognized by the courts here as being a symbol of the state's permission to operate a vehicle ? In other words we have a freedom to travel right here, however there is a provision for the enforcement of COMMERCIAL licensing as well as posted speeds for commercial traffic, inspection..etc...There is nothing in the Texas codes that allow police to interrupt a sovereign person the right to travel to and fro in their private vehicle under any circumstances. If you poke around in the Missouri code I'll bet you'll find the same things apply there.

Just one last kick in the nuts, then a final deathblow

Yes, it's the same here. I am

Yes, it's the same here. I am still reading and learning. It is quite exciting and I am finding that I like researching the laws and for educational purposes only, helping people win their case(s).

Nail their sorry hides to the wall with it.

Right off the bat the cop committed aggravated perjury.
The stop was based on fraud. The ticket is fraud and in writing something he/she should have known was faulty committed aggravated perjury, abuse of official capacity, official oppression...I could go on...Time for criminal complaints against the cop, but most importantly CRIMINAL COMPLAINTS CONCERNING THE JUDGE. Nail the judge at every turn. Might be time for a lawsuit against the judge for acting without subject matter jurisdiction. When judges act
knowing that what they are doing is illegal they lose any sovereign immunity afforded them by the state. They are acting in a criminal capacity and are just that criminals.
SUE HIS/HER BUTT.

Just one last kick in the nuts, then a final deathblow

If you can speed up my

If you can speed up my learning curve, please send me what you can. Ruleings, links, resourses, ect.

My e-mail is: dallascounty@live.com

YOUR servant for freedom, Clay Carey

Hey

I got a ticket once. I was going too fast. I got a ticket. ...

For Freedom!
The World is my country, all mankind is my brethren, to do good is my religion.

Hi, it's the kid.

I decided to join this forum to see what I could learn. I'm extremely grateful to Mr. Carey for trying to help me with my tickets. I plan on using his legal advice next time I have trouble, and I will hopefully be better informed myself.

I would like to say, in defense of my decision to just pay the tickets; it was almost my court date when I told Mr. Carey about it all, and I was pretty nervous about contesting the judge. First court appearance and all that.

I know that this is not a particularly large issue, but, like a lot of other people have said, you have to start somewhere. Plus, it all starts with people accepting the little things. My father is a perfect example. His belief that the system should not be fought (you could almost say 'might makes right') extends into all aspects of today's government. What really saddens me is that he see's that a lot of it is not right, but he thinks that those in power essentially have the right to make bogus laws and regulations, and feed off of the people. Way too many Americans today share this same view. At least, this is how it seems to me.

All I'm wondering is, what happened to the America that we learn about in school? I had thought that America was founded to protect and serve the people and keep their freedoms safe, not collect $100 dollars out of some kid's already skimpy paycheck because he happened to be driving home when the local police needed to fill their ticket quota. Or how about when they raise your taxes to help pay for that fancy new presidential limo, or that luxury jet, or how about a $200,000 (lifelong) paycheck when most families struggle to buy food with both parents working. I don't even need to mention the massive funding that was poured into stock companies and banks that weren't intelligent enough to keep themselves out of trouble. Could somebody please explain what happened?

So, two traffic tickets may not be much in the grand scheme of things, but that sort of thing is a very slippery slope. I'm incredibly grateful for the support that people here have shown, and I'm glad to know that there are other people in this country that are willing to stand up and say, 'This is wrong, and it must change.'

Your friend and fellow Patriot,
Chris Minear

P.S. - Sorry if parts of this don't make much sense and/or go way off-topic. I tend to get excited when discussing some things. I'm also extremely sorry for anything that is not completely accurate, but that is part of the reason I am here. To learn the truth.

"oligarchy" - A government in which a small group exercises control esp. for corrupt and selfish purposes.

Wait, how many people are in the House and Senate? And how many people in America? That's not a parallel situation at all...

Hiya kid

Im glad your ok...and that you are smart enough to know the truth can be found and that you found us.

I believe in Hope & Change..I Hope the government will Change
Spindale-Rutherford County-North Carolina

Welcome Chris

I have learned a lot here and I hope you will as well. As to your question what happen to the country? Apathy. When people get lazy and want others to take care of things then we get what is happening. Get involved while your young and it will become very natural for you and if all of us do this it will help get the country back on track.

Prepare & Share the Message of Freedom through Positive-Peaceful-Activism.

Hi Chris

Nice to have you here.

Ron Paul "Sign Wave Across the USA" -- November 5th!

"...part of the reason I am here. To learn the truth."

Awwww, too bad you did not show up last month. "Truth" is now a taboo topic here...
Good luck to you in the future. I go to GREAT lengths to avoid talking to cops, but I have made a commitment in my heart and mind that if they ever pull me over again, I will deal with them as a sovereign being, not a subject to bleed for revenue. I am very sympathetic to the desire to just take the easy way - everyone else does, and it is the easy way...

Truth exists, and it deserves to be cherished.

He pled guilty?

Then it looks like the apple didn't fall far from the tree did it? Now he's paying an illegal executive equity excise tax assessment to officers of the court who have: 1) a personal financial interest in the fine being paid, 2) no oath of office or surety bond, 3) no evidence of their foreign agent registration statement on file, 4) no delegation of authority from the state to bring in revenue through the above-said tax or 5) evidence of a form 700 being filed. The "kid" (another name for baby goat which is a satanic conotation) needs to know this: if you're gonna be dumb ya better be tough; in this case rich.

"I'll not have cowards in my army." - George S. Patton Jr.

THIS is a pathetic post

Sorry... but with all the things that are going on in the world and we're talking about a TEEENAGER'S TRAFFIC INFRACTION? Good grief... let's get some perspective.

We have people (successfully) taking over the world and we're wasting time on this? Sorry "livefree" but your issue ain't the biggest deal out there. It's a waste of bandwidth.

"Sorry... but with all the

"Sorry... but with all the things that are going on in the world and we're talking about a TEEENAGER'S TRAFFIC INFRACTION? Good grief... let's get some perspective."

I know where your coming from. Yes, there are MUCH bigger issues. But, we educate, one issue at a time. We give support to each other and to "newbies", one issue at a time. This issue was important to this youg man. I think he will be a great patriot down the road, once out of his fathers house. If I cannot instruct him in the small stuff, why should he believe me in the big stuff? Why should he even fight the big stuff, if he doesn't know how to handle traffic tickets? Change, has to start somewhere? How about with the children?
I agree with you 100%, "let's get some perspective."

It is these little things

we let slide that lead to the big losses of freedoms and being submissive to the socalled powers that be. It is Important. If you can't stand up for the little things you sure won't get far in the big picture. That is where it all started.

Come on Gary

I understand what you are saying, but this site is also designed to help eachother out. Yes, there are bigger fish to fry, but it is important that we all as individuals stand up to tyranny, which is exactly what this person is trying to do. We have to be on our toes locally as well as federally, so let's give this person the advice they need to start making a difference. I unfortunately, do not know enough to give this person the advice they need, but felt the need to put some ice on your reply Gary. Good luck livefreeordie, I hope it works out.

Those who expect to reap the blessings of freedom must. like men, undergo the fatigue of supporting it.-Thomas Paine

The R3volution requires action, not observation!!!!

Save for future encounters........

with law enforcement.

"First they ignore you, then they laugh at you, then they attack you, then you win!"
GANDHI

"The belief is worthless if the fear of social and physical punishment overrides the belief."

My thanks to all who offered

My thanks to all who offered help.

YOUR servant for freedom, Clay Carey

How about a "No Contest" plea?

It sure sounds like it applies here because they waited so long to ticket him and it got darker in the meantime.

Actually it sounds like it could just as easily be a not guilty plea too.

As for the turn signal, I'm not sure that is even a ticket-able offense. It may depend on the state law which you could "GOOGLE."

Furthermore it is a case of his word against the officer's on whether he signaled or not. Or maybe he signaled and the turn signal turned itself off on its own which does happen from time to time.

Also if a headlight is out, the turn signal may not work.

Hope these help. It sounds like this kid should not be ticketed at all.

"We have allowed our nation to be over-taxed, over-regulated, and overrun by bureaucrats. The founders would be ashamed of us for what we are putting up with."
-Ron Paul

No contest

...or Nolo Contende is essentially the same as a guilty plea.

edit

reposted below, sorry

Not giving a plea

Means not contracting. This is a very good piece of advice you gave. however, this...

"ACCUSSED: For the record, I am here Pro Per."

...is damning. Even if one does not know the laws/legislations, one should NEVER state a status of Pro Se, Pro Per, In Propria Persona or 'PRO' ANYTHING. Pro-anything means that you are your own attorney, which constitutes a 'representation' of you. You want the court to recognize that you are a flesh-and-blood individual and NOT a legal representation of yourself ("Your honor, I do not need any representation of myself. I AM myself."). Once you create any kind of 'representation' of yourself, you have contracted with the court, are expected to know the laws and are bound to proceed as any other attorney. You can stand in a court room all day, but as soon as you claim Pro-anything, the judge will say, "The defendant has APPEARED." Look into this - it does NOT mean that you showed up in the court room. It means that the legal representation/version of you has just been claimed and created, and it is that creation of a representation with which the court may deal.


The desirable status is 'Sui Juris'. This means that the court is dealing with a flesh-and-blood individual, and not a legal representation wherein any impositions will, by contract, be commuted to the individual. I am presently involved in a civil case, which is unfamiliar territory to me. However, because of asserting my status of Sui Juris, I have a GREAT DEAL more latitude in the court room than any attorney or Pro-anything representation. As such, I am not bound by the same standards and expectations as attorneys. I can pretty much say what I want, and I have noticed that the judge is MUCH more lenient toward me than he is toward the opposing attorney. I have fought and beat many traffic tickets where there is no injured party, but am not very well versed in the laws and procedures related to the civil case in which I'm presently involved. Nevertheless, asserting Sui Juris status has given me a great deal of leverage, and more time to learn related laws.


As one attorney described the difference between Sui Juris and Pro Se: "Sui Juris is I am your MASTER (you are the public servant SLAVE). Pro Se, Is THEY are going to bend you over and screw you hard cause you don't have an attorney!"


Where traffic court (or any other situation where there is no injured party and no valid cause of standing) is concerned, your strategy of showing conflict of interest is good. I've used it myself several times. However, instead of going into court and stating that everyone is an officer of the state and that there is a conflict of interest, it's much more effective to get the court to make those statements for you...


YOU: Your honor, may I have your true name for my records?

JUDGE: May answer with his full name. If he says something like, "My name is 'Judge' so-and-so," you ask him to affirm that his true name is 'Judge'. Harp on this point and get him to state his real, true name. Once he does...

YOU: Your honor, do you have a claim against me?

JUDGE: No.

YOU: Do you know someone who has a claim against me?

JUDGE: No.

YOU: Am I entitled to a fair trial here today?

JUDGE: Yes.

YOU: Can there be a fair trial if there is a conflict of interest?

JUDGE: No.

YOU: Who accuses me?

JUDGE: The state of [whatever].

YOU: And who do you represent here today?

JUDGE: Excuses, lies, temper tantrums, yelling and etc. Stay in this point and make the judge answer, no matter what he threatens.


Essentially, you want to ask as many questions as possible in lieu of making any more statements than you have to. They do not tell you that ANYTHING you say CAN AND WILL be used AGAINST YOU for nothing. If at any point the judge cuts you off, denies you answers, threatens you, refuses to answer you or gives you the run-around, you say, "Your honor, am I being denied access to the court?" If he says "no" then you say, "Thank you, your honor. I'll continue. Now please answer the question. I'll repeat it for you for the record..." If he says "yes" then, no matter what happens in that court room, the judge is in a lot of trouble. No matter how many times the judge cuts you off, and no matter what he threatens, you keep saying, "Am I being denied access to the court?" and/or, "Have you made a judicial determination that I do not have freedom of speech in this court room?"


Also, make sure all of that is on record. Be sure that, no matter what anyone says to you in the court, you keep asserting that you cannot be compelled to make any statements or answer any questions until the court affirms that the official record has been started.


Essentially, you want to bait the court into harming itself, which is easy to do in cases where there is no party claiming injury, and there are many ways to do it. Some may say that is playing dirty, but so is the court. Aside from the Pro Se status, your strategy is dead-on, with the exception that you should be asking questions instead of making statements - to let the court make the statements you want to be made.


With respect to the numskull willing to contract his son and throw the son to the wolves, I have no idea how to deal with that. As you yourself said, the kid knows that he is being scammed. Reiterate that to him and point out that his dad is advocating that the kid roll over and submit to the scam. Then ask him which is more American – to roll over and submit, as his dad has naively suggested, or to exercise his God-given and Constitutional rights to stand up to a fake court. You have to lay out the dilemma in clear terms and offer as much help as you can, but the decision will ultimately have to come from the kid.

The judge will contempt you for the above questioning

Always best to do a Notice of Special Appearance. Why go into the lions den when you can drop him with a clean shot from a safe distance?

The judge will threaten a contempt charge

However, if you get them to make the right statements on record before that point, they will not follow through. This is not hypothetical; I've seen it on many occasions.

Wow, do we have a lot to learn from you.

Thank you so much for posting this and I look forward to more of your expertise. I was uncomfortable with his advice that included insulting the judge, and I pray all went well for this boy yesterday.

Yeah, I just noticed the date :-(

I hope it went well for him.

man I love these topics.

Great post. Thank you.

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"Those who make peaceful revolution impossible will make
violent revolution inevitable."
John F. Kennedy

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"Those who make peaceful revolution impossible will make
violent revolution inevitable."
John F. Kennedy

I can't wait

for the update on this. May the good prevail!

what

what time did he get stopped. what state are you in? every state issues hunting/fishing licenses and in that manual it issues it has the stated sunrise/sunset for every day of the year.

first

first off. plea not guilty.