California Motorist beats 5th Seat-Belt Ticket Through the Mail Using Constitutional ArgumentSubmitted by Resistance_2009 on Thu, 06/20/2013 - 21:33
California Motorist beats (5th) Seat-Belt Ticket Through the Mail Using Constitutional Argument
By Martin Hill
June 19, 2013
A California man who has previously beaten four traffic infraction tickets through the mail has beaten his fifth ticket using the TRIAL BY DECLARATION option, which is available to all motorists ticketed
John Shanahan of Southern California, who's a Constitutionalist, electrical engineer and a licensed member of Architects and Engineers for 9/11 Truth, just received the court ruling for his seat belt ticket. His previous victory was only four months ago on February 15th, when he beat a nearly $600 red-light camera ticket through the mail.
What's interesting is that John never denied not wearing his seatbelt and used a Fourth Amendment defense in his court declaration, and was found not guilty by the judge. This is his third ticket for not wearing a seat belt ticket that he has beaten through the mail.
Technically, Shanahan was found not guilty of the latest seat-belt offense because the officer, who is the witness for the prosecution, did not submit a response to the Trial by declaration. However, Shanahan always brings up the Constitution in his traffic declarations and no officer in any case has yet taken the time to rebuke the arguements- which is interesting in itself- hence, John wins every time.
Unlike in person court trials, officers do not collect overtime for going to the courthouse if it's a trial by declaration, so they have to take their own time and write up responses to court filings. If the cop is to lazy to do the work and doesn't reply, it's considered a 'lack of prosection' and the defendant wins.
Here's all the court filings in one zip file or if you want the short version, here is the
Trial by dec. attachment (John's main arguement in written form) and
The minute order from the judge pronouncing him NOT GUILTY. In his declaration, Shanahan stated, in part,
"Judge, since I was not hurting anyone or driving irresponsibly, the act of a police officer stopping me is certainly a violation of his oath to protect the U.S. Constitution and my rights under the 4th Amendment. I would have understood if he had just given me a repair ticket for the headlight.
Since I have 2 engineering degrees, I have taken more than one course in statistics. I would strongly question the results of any traffic safety study which tries to conclude that wearing seat belts is safer than NOT wearing them...
"It is up to me to provide for my own safety, not Officer Lepe and the "nanny state" government supervisors who give him his orders. If I had to find them, I know that I could produce various Supreme Court cases that clearly state that the police have no charter or responsibility to protect individual people. Your Honor, in view of the constant degeneration of our individual rights that are supposed to be protected by the U.S. Constitution and the Bill of Rights, the whole idea that I could be given a citation because Officer Lepe or the California General Assembly thinks that they know better how to provide for my safety than I do is absolutely outrageous. This is the type of intrusion that is so offensive when we are so close to losing our country due to other federal government actions (especially the Federal Reserve). Officer Lepe's action, while giving him his perceived appearance of merely enforcing the law, actually makes it appear to me and others that he is simply a bagman or revenue agent for big government."
The excellent free website HelpIGotATicket.com
has all the information California motorists need to beat their tickets. I first found the site in 2001 and have beaten about 15 tickets since then; one in California Superior Court of Appeals, in which a three-judge panel ruled for me and overturned a phony speeding ticket conviction. Here is their information on TRIAL BY DECLARATION. If a California motorist loses the trial by declaration, they are entitled to a brand new trial (not an appeal) called a TRIAL DE NOVO. This is all spelled out in the California Vehicle Code. It is truly a peice of cake. Countless family and friends of ours have beaten tickets using these methods, by simply invoking the CA vehicle code and exerting their right to due process and the presumption of innocence. Even my 19 year old niece, who probably weighs less than 100 lbs and had never even been to court in her life, has beaten 3 tickets- the first three she ever got: a stop sign ticket, a seat belt ticket, and a parking ticket. HelpIgotaticket.com site is great and Geo McCalip should be applauded for his public service. Here is an interview with McCalip from a few years ago.
Here are John's four prior victories along with court documents. Also be sure to check out our archives below.
Constitutionalist beats seat belt ticket through the mail - Read this short article to see how easily one can fight and beat a traffic ticket through the mail in California. Jan. 18, 2009
Defendant wins stop sign ticket through the mail using 'TRIAL BY DECLARATION'
Motorist refers to traffic cops as "revenue agents (bagmen) for the government", wins case Oct. 30, 2009
Freedom advocate beats third traffic ticket through the mail (This was John's second seat belt ticket victory, Oct. 25, 2010.)
Visit our traffic ticket archives here: http://libertyfight.com/traffic.html
Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, LewRockwell.com, WhatReallyHappened.com, Infowars.com, PrisonPlanet.com, Economic Policy Journal, FreedomsPhoenix, Haaretz, Veterans Today, Educate-Yourself.org, The Wayne Madsen Report, Devvy.com, Rense.com, The Dr. Katherine Albrecht Show, Jonathan Turley blog, National Motorists Association, RomanCatholicReport.com, Republic Broadcasting Network, WorldNetDaily, Dr. Kevin Barret's Truth Jihad radio show, The Orange County Register, KNBC4 TV Los Angeles, Strike-The-Root.com, DavidIcke.com, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640, Antiwar.com, IamtheWitness.com, The Press Enterprise, Redlands Daily Facts, BlackBoxVoting, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, Whittier Daily News, and many others. Archives can be found at LibertyFight.com and DontWakeMeUp.Org.