"UPDATE" CHP told me "the Constitution doesnt apply" help get her fired.Submitted by juliusbragg on Wed, 06/03/2009 - 02:03
The courts sent me a "courtesy notice" to appear in court in late june....(knowing that a "summons" is NOT an "order" and not mandatory, and knowing that after the "courtesy notice" goes uncontested for 3-10 days the court then sends an "order and notice to appear") I sent back a letter:
JUDICIAL COUNCIL OF CALIFORNIA, THE
Also Traded as SOLANO COUNTY SUPERIOR COURT / VALLEJO BRANCH
321 TUOLUMNE ST,
Certified Mail number: 7008 1140 0002 2938 1732
DOCKET NO: F 1501587
Thank you for your correspondence titled "COURTESY NOTICE", however, because this is not an order, nor have I consented to a summons by being a "resident" of California and having a "California Drivers License" or "California Registration" (see CVC 17459, CVC 17460), nor have I consented to a summons by signing a "notice to appear", as my 'signature' was under duress and threat of arrest, and accompanied by "non-assumpsit", and "under protest UCC 1-308", I must decline this offer for appearance.
This action is being taken because officer Rodriguez, operating without proper jurisdiction, as I claimed and exercised my right to travel by my private non-commercial conveyance, responded to my rejection of signing the "notice to appear' with threat of arrest, although she could not cite which section of the code, CVC or otherwise would allow her to do so.
According to California law, ONLY if I am being arrested for an "arrestable offense" may an officer arrest me for failing to sign a contract.
see California Penal Code 853.5
Furthermore, I returned my "copy" of the "notice to appear" to the Fairfield branch of the CHP within 72 hours of the issuance, and stamped "REFUSED FOR FRAUD" across the face of the contract, and no new contract has been sent.
Please review the "citation" or "notice to appear" issued by officer Rodriguez before further correspondence.
Please also review my recent correspondence to Commissioner Farrow of the CHP, and Governor Schwarzenegger, and my current fee schedule.
All rights reserved, without prejudice UCC 1-308
LETTER TO GOVERNOR
well, I NEVER received my "order and notice" and I called today, and there was NO RECORD of this incident on file with the court!!!!
fight ALL of your tickets, the govt. hopes you just pay the fine and move on. My friend got a "job" $40 focus group to see "how much would a cell phone ticket have to be before you would fight it". this was set up and held at the court house. They do this to keep the ticket low enough so you wont fight it. THE STATES CAN NOT be a plaintiff!!!!
it is a conflict of interest for a plaintiff to be "PEOPLE OF THE STATE OF CALIFORNIA" or "STATE OF ARIZONA" etc, because the judges are EMPLOYED by those states....some might say "well, then how do the States file charges?", the answer is, THEY DONT!! they are not allowed to! their job is to PROTECT your rights, not trample them!!! this is why they USE TO say "would you like to press charges?".....
a cop pulls you over for a loud muffler, cites you, 75$ ticket, plaintiff= State, illegal case, conflict of interest
someone who has to wake up early files a valid cause of action against you for revving your loud truck at 1:30 in the morning, they call the sheriff and file a valid complaint...now, the neighbor is the plaintiff, the judge is impartial, legal case!
ORIGINAL POST BELOW!!!!!!!
I was pulled over by a Fairfield CA highway patrol woman yesterday "officer Rodriguez". I informed her that I travel by right under the Constitution of the united States. She said:
"Do you know how old the constitution is? It doesnt apply anymore"
I couldnt believe she said that!
Even though I had no plates, she only issued me a citation for being in the wrong lane with a trailer.
I am of course fighting the ticket, since the entire California Vehicle Code ONLY APPLIES to state and local employees.
SEE CVC 21052;
"The provisions of this code applicable to the drivers of
vehicles upon the highways apply to the drivers of all vehicles while
engaged in the course of employment by this State, any political
subdivision thereof, any municipal corporation, or any district,
including authorized emergency vehicles subject to those exemptions granted such authorized emergency vehicles in this code."
(There is no other section of code that I or the Sargent, or the CHP attorney could find that mentions the applicability of the code)
I refused to sign the ticket (summons) and she said she would arrest me. I asked her on what charge and she didnt know. She said "I just will". So I reserved my rights under the UCC 1-308, and signed "NON-ASSUMPSIT" I called the court today and demanded an affidavit of injured party if this prosecution is going to continue. They told me I should call the sargent and get them to cancel the ticket.
After the incident I called the Fairfield branch of CHP and talked to the Sargent, and I also called the law firm that represents the CHP and "helps" the public understand the code. I told both of them what she said about the Constitution, and fortunately they were amazed she said that.
Neither of them knew what charge she could have arrested me for!
Feel free to call and tell the Sarge that Officer Rodriguez should be fired!!