Constitutionalist Beats Seat Belt Ticket In CA

its a fun game of chess...

In CA it is called bail or a penalty fee, in lieu of something less dramatic like a "fine" or in Europe a "demerit" (how high-school) you can see where their heads are with the language they use, can't you? Us criminal-types are encouraged to just pay the bail (maybe before we get arrested?) and the matter will be dropped, you can take your points and be on your way, and it is oh, so easy to pay instead of fighting. They take credit cards, checks, cash, payments, just fork it over and they'll be happy to drop it in the endless bucket and you will be relieved of the scumbag stigma. But seriously, if you look up California Rules of Court, Bail and Penalty Schedule January 2009, you will see the traffic infraction and misdemeanor list and a column marked "total bail" it's even on the courtesy notice they send out, how pleasant. It's also called bail for infractions for Boating and Fish & Game! Fun huh?

Thank you for posting.

.

Thank you for posting this. It should be stickied for life.

For those who would say "what is this doing on the Daily Paul?" I will say that common every day topics like this are an excellent way to ease people into thinking differently about their relationship to government. It's amazing how empowering it can feel to beat a simple traffic citation.

Here are two tactics I have used for parking citations:

1. Write "Refused for Cause" diagonally across the top in red felt pen and send it back certified mail within 72 hours. These insidious little slips of paper are nothing but commercial offers to contract with no valid cause of action. Fighting them only validates the claim being made by the privately funded parking meter attendant. Remember, in law he who claims last bears the burden of proof. Walk into court screaming "I'm not guilty!" and the black robed pirate will quickly respond "Prove it!".

2. After 72 hours, you can send something like this by certified mail:

City of Kingsville
PO Box 1234
Kingsville, California [99666]

Re: “Notice of Parking Violation, Issue No. 333666999"

Dear City of Kingsville,

In accordance with California Commercial Code – Article 3, Section 3501 (b) (3), The enclosed instrument “Notice of Parking Violation” is, without dishonor, hereby returned for lack of a necessary indorsement.

and

In accordance with California Commercial Code – Article 3, Section 3501 (b) (3), The enclosed “Notice of Parking Violation” is, without dishonor, refused for payment and not accepted for failure to comply with the terms of the instrument.

This submission satisfies and retires “Notice of Parking Violation, Issue No. 333666999”. All terms herein will stand to the exclusion of any and all alternate terms if no valid response is received within 10 days.

To be relevant, a response must demonstrate that “Notice of Parking Violation, Issue No. 333666999” are not subject to California Commercial Code. Presentment contents “Due Now, $45.00” establish “Notice of Parking Violation, Issue No. 333666999” as an offer of commercial contract fully subject to and bound by California Commercial Code and the options exercised herein.

Sincerely,
Maynard Griffin; Krebbs

Enclosed:

• Flawed presentments (original parking citations)

• Pre-Addressed Envelope provided by parking enforcement
• Copy of applicable law (below)

COMMERCIAL CODE
3501. (a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (1) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (2) to accept a draft made to the drawee.
(b) The following rules are subject to Division 4 (commencing with Section 4101), agreement of the parties, and clearinghouse rules and the like:
(1) Presentment may be made at the place of payment of the instrument and shall be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.
(2) Upon demand of the person to whom presentment is made, the person making presentment shall (A) exhibit the instrument, (B) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (C) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.
(3) Without dishonoring the instrument, the party to whom presentment is made may (A) return the instrument for lack of a necessary indorsement, or (B) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.
(4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cutoff hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cutoff hour.

3204. (a) "Indorsement" means a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of (1) negotiating the instrument, (2) restricting payment of the instrument, or (3) incurring indorser's liability on the instrument, but regardless of the intent of the signer, a signature and its accompanying words is an indorsement unless the accompanying words, terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was made for a purpose other than indorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument.
(b) "Indorser" means a person who makes an indorsement.
(c) For the purpose of determining whether the transferee of an instrument is a holder, an indorsement that transfers a security interest in the instrument is effective as an unqualified indorsement of the instrument.
(d) If an instrument is payable to a holder under a name that is not the name of the holder, indorsement may be made by the holder in the name stated in the instrument or in the holder's name or both, but signature in both names may be required by a person paying or taking the instrument for value or collection.

These tactics seem to work very well for parking citations, but I haven't tried them for a moving violation. I imagine if you signed the citation "under duress" or "all rights reserved" or something to that effect you could use the above tactics.

If you find yourself in a court situation, a great source for using codes and statutes is David Myrland's site. There are audio instructions and downloads.

http://www.jurisinformatics.com

************
http://www.pyrabang.com - the People's "information stock exchange" that will take a huge bite out of Google's ad profits and put them in your pocket!

If you must appear in person, always attempt to schedule your hearing on the opposite schedule of when you got the ticket. If the ticket was issued during the day then ask for night court (if available) because the officer will not usually appear in his off time and it will be dismissed.

impressive.

valuable information that you researched
and shared with us.

"Ask not what your country can do
for you, Ask what you can do for
your country."
John F. Kennedy 1961valuable information

love it...

"When governments fear the people there is liberty. When the people fear the government there is tyranny."
-Thomas Jefferson

I am more concerned about the return of my money than the return on my money. --Mark Twain