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When pulled over by a cop: Officer, am I under arrest?

No: Then am I free to leave?


No: Then I must be under arrest. Do you have a warrant with my name on it?
No: What is your probable cause for placing me under a warrantless arrest?
If he asks to see your drivers license, registration and proof of insurance: Are you going to use this
information against me in a criminal investigation? If so, I wish to eercise my !
th
Amendment
right against self"incrimination.
Traffic Tic#et stamp $to be submitted within %& hours'(
This Offer to Contract is Rejected;
This Contract is Cancelled.
Please send written acknowledgment that
this matter is closed, within 10 days, to:
ohn !oe
c"o PO#o$ 111
%&gene, Oregon '()*0+,
-ll Rights Reser.ed /itho&t Prej&dice,

#y: 0000000000000000000000000000000000
-&thori1ed Re2resentati.e
!ate: -&g&st 11, 3004
Reg. 5ail 600000000000000000000000
)tanding(
Without standing, there is no actual or justiciable controversy, and the courts will not entertain such
cases. !lifford ". v. "uperior !ourt, #$ !al. %ptr.&d ''',''$.
If you can show that the plaintiff has no standing in their co(plaint against you, then they have no subject
(atter jurisdiction and the case has to be thrown out.
If a party is found to lack standing, the court is without subject (atter jurisdiction to deter(ine the
cause)and the court lacks discretion to consider the (erits of a case over which it is without
jurisdiction. *iss. "o. + of ,ardons - ,aroles, ./0 1.&d .2/ .3& 4!onn.&2205.
1 co(plaint6 ticket is not synony(ous with a cause of action or standing.
,urpose of govern(ent: 7overn(ents are established to protect and (aintain individual rights.
1rticle &, "ection & of the 1ri8ona "tate !onstitution
!ourts are part of the govern(ent, so courts e9ist to protect and (aintain individual rights. :he courts
jurisdiction is li(ited to its purpose.
:o have standing, the plaintiff has to allege the violation of a legal right.
"tanding is a necessary co(ponent of subject (atter jurisdiction; %a(es v. <yrd, $&3 =" .33.
"tanding is perhaps the (ost i(portant of the jurisdictional doctrines) standing represents a
jurisdictional re>uire(ent which re(ains open to review at all stages of the litigation) ?@W, Inc., v.
"cheidler, $32 =" &#/.
:he re>uire(ent of standing, however, has a core co(ponent derived directly fro( the !onstitution. 1
plaintiff just allege personal injury fairly traceable to the defendants allegedly unlawful conduct and
likely to be redressed by the re>uested relief. 1llen v. Wright, #0. =.". A'A, A$3 43/.#5.
If there is no personal injury, then there is no standing or subject (atter jurisdiction.
Bow to i(peach 4legally dis>ualify fro( testifying5 the police officer witness: Bis written testi(ony is
on the ticket and you have the right to >uestion your accuser. :he cop is re>uired to file a valid cause of
action. Without a valid cause of action, there is no standing. Cudge has no discretion to accept his
testi(ony, and even his prior testi(ony 4ticket5 (ust be thrown out.
Band the police officer a copy of the ticket. Did you file a valid cause of action against me? *ow
many elements are in a valid cause of action?
Objection. This calls for a legal conclusion. The witness is not competent to testify.
:his now re>uires the judge to strike all the testi(ony.
I(possibility of a fair trial: :here is no such thing as an i(partial and independent judiciary. :here is an
i(per(issible conflict of interest.
Am I entitled to a fair trial?
+an I get a fair trial if there is a conflict of interest?
1 jusge cannot be fair and independent if there is a conflict of interest.
:o the judge: Who do you represent here? Who are you acting on behalf of?
In all trial court proceedings, a judge shall disclose on the record infor(ation that the judge believes the
parties (ight consider relevant to the >uestion of dis>ualification, even if the judge believes there is no
actual basis for dis>ualification; !alif. Cudicial !anons '4D54&5.
Cudges represent the "tate, the pretended plaintiff and party to the action. 1ny judge acting on behalf of a
party to the action, a fair trial is i(possible.
)cript for Arraignment(
,ractice these scripts until you dont have to think. Eou (ay want to hire your own licensed court
reporter or bring in a tape recorder. Cust announce before anything else, that you intend to appeal if found
guilty and you want to have a record of the proceeding to aid (y appeal. If the judge objects, insist on
your right to a record of the proceeding. If he objects to a tape recorder, ask for a continuance to be able
to provide your own court reporter. "tate that you have heard that court tapes are so(eti(es inaudible
and you cant take any such chance with your appeal.
1t the 1rraign(ent:
:he judge will infor( you of the charges against you and ask you how you plead)
1s soon as you plead you give the( jurisdictionF instead:
Do you understand the charges against you? ,o, your honor, I don-t understand the charges against
me.
How do you intend to plea? I can-t enter a plea until I get some .uestions answered. I don-t
understand the nature and cause of the actions against me.
Is this going to be a +ivil action or a +riminal action?
Civil action 4unlikely5: Than# you, your honor. /et the record reflect that this is a +ivil action.
0our honor, since this is a +ivil action, I ma#e a motion to dismiss for lac# of a sworn complaint by
an in1ured party and no in1ured party is present.
Criminal action: Than# you, your honor. /et the record reflect that this is a +riminal action. 0our
honor, the +onstitution grants this court two different criminal 1urisdictions( One is a criminal
1urisdiction under the +ommon /aw2 the other is a criminal 1urisdiction under admiralty or
military tribunal venue from Article 3, )ection 4, +lause 3% of the +onstitution. In which of these
two criminal 1urisdictions does this court intend to try me?
Common aw 4unlikely5: Than# you your honor. /et the record reflect that this is a +riminal action
under +ommon /aw. 0our honor, since this is a +riminal action under +ommon /aw, I ma#e a
motion to dismiss for lac# of a sworn complaint by an in1ured party and no in1ured party is
present.
The !tate is the injured party: 0our honor, I ma#e a motion that this case be dismissed. We are in
the wrong court. If the )tate is a party to the case, they cannot also be the 1udge and prosecutor.
This case needs to be transferred to federal court or be dismissed.
"ou need to get a licensed attorney for legal advice: Than# you, your honor, but I don-t thin# you
would be violating your Oath of Office by doing your duty under the +onstitution. 0ou see, I am
not see#ing legal advice2what I want to #now is legal intent. I have the right to appear as myself, in
my own person without a licensed attorney, and in order to intelligently defend myself, I have to
#now the 1urisdiction that this court is operating under. The 5ules of +riminal 6rocedure under a
+ommon /aw 1urisdiction are very different from the 5ules of +riminal 6rocedure under an
admiralty or military tribunal venue. I need to #now under which 1urisdiction you intend to try me
in order for me to proceed with this case. The 7
th
Amendment grants me the right to #now the
1urisdiction being applied and it grants you the duty to inform me. Therefore, will you please
answer the .uestion so that this court is properly identified?
"ou need to get an attorney: Than# you, your honor, then let the record of this court show that I,
88888, the accused in this +riminal action, has as#ed the court to divulge the nature and cause of
the accusation upon the authority of the 7
th
Amendment and that this court has failed in its duty to
inform me of the nature and cause of the action. 9urthermore, let the record also show that this
courts also intends to bring this action against me under a secret 1urisdiction #nown only to
licensed attorneys.
!tatutory jurisdiction: Than# you, your honor, let the record of this court then show that it intends
to conduct a criminal action against me under a statutory 1urisdiction2 but your honor, that raises
another .uestion( I have never heard of a criminal action under a statutory 1urisdiction and there is
no such 1urisdiction established in the +onstitution. I would be happy to accept this, your honor, if
you can please tell me where I can find the published rules of criminal procedure under a statutory
1urisdiction and where this nature, cause and 1urisdiction information eists. It is imperative that I
have the published rules of procedure so that I may conduct a fair defense in a fair trial.
If he threatens with conte(pt of court: 0our honor, I don-t wish to be held in contempt. I am simply
trying to eercise my 7
th
Amendment right that you disclose the nature and cause of the charges
against me. I can provide court citations that show that the eercise of a +onstitutional right
cannot be converted into a crime. 6lease either identify the properly established 1urisdiction or I
ma#e a motion that you dismiss the case against me.
#dmiralty jurisdiction: Than# you, your honor, then let the record of this court show that this court
intends to proceed with a +riminal action against me, 88888, as a condition of contract under an
Admiralty 1urisdiction, as a military tribunal under Article 3, )ection 4, +lause 3% of the
+onstitution. *owever, your honor, you must reali:e that you have no such 1urisdiction without
also having a valid international contract in dispute. I am not aware of having entered into any
international contracts, so I deny that any such contract eists. Will you please instruct the
prosecuting attorney to inform this court if there is such a contract? And if so, to place it into
evidence and eplain how I am a party to it and am compelled to perform under it. If the
prosecution cannot do so, your honor, I ma#e a motion that this case against me be dismissed.
*ake a (otion for dis(issal whenever you have the opportunity to do so.
Case dismissed: Than# you, your honor. /et the record of this court reflect that +ase; 88888
against 888888 has been dismissed. Geave >uietly.
Cudge enters ?ot 7uilty plea: 0our honor, I ob1ect. 9or you to enter a plea on my behalf is
practicing law from the <ench. =ntering a plea is my 1ob or my attorney-s 1ob. *as the court made
a 1udicial determination that I am ,ot >uilty?
"es: Than# you, your honor. /et the record of this court reflect that the 1udge has made a 1udicial
determination that I am ,ot >uilty of the charges against me. Therefore, I ma#e a motion that this
case be dismissed because the 1udge has determined that I am not guilty.
No: Than# you, your honor2 then I ma#e a motion that the plea be withdrawn and that I be
allowed to be able to enter my own plea once I #now the nature and cause of the case pending
against me.
Cudge enters ?o !ontest plea: 0our honor, I ob1ect. 9or you to enter a plea on my behalf is
practicing law from the <ench. =ntering a plea is my 1ob or my attorney-s 1ob. 9or you to ma#e a
1udicial determination that I am entering a plea of ,o +ontest would result in the court treating me
as though I had plead guilty. The court is trying to constrain me to an unfair plea choice in the
absence of my understanding the nature and the cause of the charges against me. I ma#e a motion
that this plea be withdrawn and that this case be dismissed because this court has failed to identify
a legitimate 1urisdiction.
$ deny that motion. "our trial date will be%: 0our honor, I would li#e to re.uest that we set a
?otions *earing prior to the trial date, as I must resolve some pivotal #ey issues in order to
continue and these motions must be made prior to the trial so that I can properly defend myself.
Cudge gives a continuance and de(ands the obtaining of a licensed attorney: *as the court made a
1udicial determination to deny me the right to defend myself in my own person and to force me into
hiring a licensed attorney that will conspire with the court to try me under a secret 1urisdiction
#nown only to the 1udge and the licensed attorney?
If you walk out of this hearing without a dis(issal, then go to "tep &, ,retrial *otions. 1sk for a *otions
hearing or ask for *otions to be heard at the beginning of the trial. I must resolve some pivotal #ey
issues before continuing and these motions must be heard prior to a trial. 1t a *otions Bearing, you
cannot be found guilty, but the case can be dis(issed. 1ssert that each (otion (ust be heard and ruled
upon separately and individually.
":D, @?D: 1%%1I7?*D?:: Gisten to the audio until you can recite it by (e(ory. =se this at
your preli(inary hearing. %ole play and practice if necessary, as following this process is crucial
to your success. Heep in (ind, you are your own lawyer. :his (ethod was designed for traffic
violations, but has been used for other tickets, such as a loose dog that injured no one.
Bave the (otions for preli(inary hearing prepared and ready for presentation to the judge as
necessary. :hese are the (otions to ,rotect and @bserve all of the accused Gegal %ights, and to
co(pel the court to identify itself. 4"ee pages $05 Eour case will hopefully be dropped right
here. If it is, drop us an e(ail and tell us about it.
)T=6 TWO( ?OTIO,) If you get a judge that has no regard whatsoever for the law, he
will enter a plea on your behalf and set a trial date. 1t that ti(e, either set a date for a (otions
hearing, or (ail by certified (ail with a third party co(pleting the proof of service, all (otions
4assu(ing all apply to your situation, which they probably will.5 Io all (otions even if you
served the first two (otions at the ti(e of the arraign(ent. 4"ee pages #325
)T=6 T*5==( T5IA/ 7o to trial, with the proper (otions and list of >uestions to ask the
cop. 4"ee pages 333$5. <e prepared by reviewing all of the trial infor(ation in the packet.
)T=6 9O@5( A66=A/ 7et the appeal paperwork fro( the court clerk. Jollow the appeal
process in a ti(ely fashion. Eou will probably have to post an appeal bond. %e>uest a transcript
of the court case at this ti(e. :here will probably by a s(all fee, but it is worth its weight in
gold. Jollow appeal process pages 303A. Eour appeal should be successful, your case dis(issed,
and your pay(ent refunded. If your appeal is not successful, see your (oney back guarantee
4page 3.5 for the process to receive the refund of your invest(ent in the "top:he!op.co(
progra(. If you are successful at any stage, please let us hear fro( you, by sending an e(ail to
infoKstopthecop.co(
?OTIO,)( Bave the first two (otions with you at your preli(inary hearing, prepared to give
the( to the judge when they are appropriate. *otions you will present at your preli(inary
hearing are: *otions to ,rotect and @bserve 1ll of the 1ccuseds Gegal %ights 4how can they
say no to thatLLL5, and *otion to !o(pel the !ourt to Identify Itself.
*otions can be (ade orally, or in writing. Bowever, it is reco((ended that you (ake the(
orally while giving a written copy, and keeping written copies for yourself. Bave at least three
copies with you at all ti(es: one for you, one for the judge, and one for any prosecutor that (ay
be present. @nly offer one copy to the judge, and give out the second copy only if instructed to
do so.
If your judge refuses to honor the law and sends your case to trial by entering a plea on your
behalf, you will ask for a (otions hearing, or prepare and (ail 4by certified (ail with a proof of
(ailing co(pleted by a third party5 additional (otions. :hese will be the *otion to "trike
,leading, *otion to %ecuse the Cudge, *otion to Iis(iss the !ase, and possibly the *otion to
!ontinue 4use this only if your judge is clai(ing a "tatutory Curisdiction5.
%efer the sa(ple (otions attached, and just fill in the re>uired infor(ation if they fit your case.
:o deliver your (otions: "i(ply take the( with you if you are granted a (otions hearing.
@therwise, you have the option of hand carrying or (ailing your (otions to the court. If you
hand carry the( to the court clerk, take an e9tra copy with you that you have the clerk sta(p to
serve as proof that the original was served on the court. :his way the court cannot deny that they
received the(. If you (ail the(, have a disinterested third party 4ie: neighbor, friend, anyone not
part of the case5 do it by certified, return receipt (ail with a certificate of (ailing, as per the
attached e9a(ple. 4"ee page '5 Jill in their address, the na(e of the (otions, the na(e and
address of the court na(ing the judge by na(e, and co(plete the location, date, and signature at
the botto(. Heep a copy for yourself. :his will prevent the court fro( clai(ing that all you did
was (ail an e(pty envelope.

,%@@J @J "D%MI!D I a( an 1(erican !iti8en, over the age of 3. and a( a disinterested 'rd
party, not a party to this action. *y postal location is:
@n the date below, I served by certified =.". *ail the following docu(ents described as:
on the interested parties to this action as follows:
I declare under penalty of perjury under the laws of the =nited "tates of 1(erica that the
foregoing is true, correct, and co(plete.
D9ecuted at Iated:
"igned: NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN
:BI" I" 1 "1*,GD *@:I@?. !BD!H WI:B :BD !@=%: !GD%H I? E@=% ":1:D :@
GD1%? :BD ,%@,D% J@%*1: J@% ,%D,1%I?7 E@=% *@:I@?". %D1I :BD* 1GG
:@ *1HD "=%D :B1: DMD%E W@%I 1,,GID" <DJ@%D ="I?7 :BD* I? E@=%
!1"D 4Dspecially in the *otion to %ecuse. Jill in the judges first and last na(e in the space5
":1:D @J NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN NNNNNNNNNNNNNNN !@=?:E
?a(e of !ourt Bere 4D9a(ple: "uperior court of NNN county5 <ranch na(e of court here, if
applicable 4D9a(ple: ?orthern <ranch5 "treet address of !ourt Bere !ity, "tate, and Oip !ode of
!ourt here
,%@"D!=:@%": :he "tate of 4your state here5
Ms !1"D ?=*<D% NNNNNNNNNNN5
1!!="DI: 4Eour ?a(e Bere
*@:I@? :@ ,rotect and @bserve 1ll of the 1ccuseds Gegal %ights
?ow co(es the accused, 4your na(e here5, respectfully re>uesting this court to:
,rotect and observe the accuseds constitutional rights, his right to a fair trial, his right to due
legal process, his rights given the accused in appropriate rules of court procedure for this
jurisdiction, and his rights that are specified in the <ill of %ightsF and to notify the accused, sua
sponte, in all pursuant court proceedings, whenever any of his rights are at risk of being waived
or co(pro(ised, and to identify to the accused e9actly which right is at risk.
:his (otion should be granted because:
3. :he accused insists that his rights be protected and observed in all court proceedings.
&. :he accused has opted to e9ercise his right to proceed in propria persona with this case.
'. :he accused is aware that the judge has sworn to uphold said rights by virtue of taking his oath
of office.
#. :he accused has observed the judges dedication to i(partiality.
%espectfully sub(itted,
:ype your na(e here, In ,ro ,er
:ype your street address here
:ype your city, state, 8ip here
":1:D @J NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN NNNNNNNNNNNNNNN !@=?:E
,%@"D!=:@%": :he "tate of
Ms. !1"D ?=*<D% NNNNNNNNNNN
1!!="DI:
*@:I@? :@ ,rotect and @bserve 1ll of the 1ccuseds Gegal %ights
?ow co(es the accused, NNNNN , respectfully re>uesting this court to:
,rotect and observe the 1ccuseds constitutional rights, his right to a fair trial, his right to due
legal process, his right to know the jurisdiction under which the court is operating, his right to
have all evidence against hi( placed before the court, his rights given the accused in appropriate
rules of court procedure for this jurisdiction, and his rights that are specified in the <ill of %ightsF
and to notify the accused, sua sponte, in all pursuant court proceedings, whenever any of his
rights are at risk of being waived or co(pro(ised, and to identify to the accused e9actly which
right is at risk.
:his (otion should be granted because:
3. :he accused insists that his rights be protected and observed in all court proceedings.
&. :he accused has opted to e9ercise his right to proceed in propria persona with this case.
'. :he accused is aware that the judge has sworn to uphold said rights by virtue of taking his oath
of office.
#. :he accused has observed the judges dedication to i(partiality.
%espectfully sub(itted, , In ,ro ,er
":1:D @J NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN NNNNNNNNNNNNNNN !@=?:E
,%@"D!=:@%": :he "tate of
Ms. !1"D ?=*<D% NNNNNNNNNNN
1!!="DI:
*@:I@? :@ !o(pel the !ourt to Identify Itself
?ow co(es the accused, NNNNN , respectfully re>uesting this court to:
Identify whether it is a civil court, or a cri(inal court. If cri(inal, accused respectfully re>uests
to know which of the two cri(inal jurisdiction authori8ed in :he !onstitution of the =nited
"tates this will be: under the co((on law, or under 1d(iralty jurisdiction.
:his (otion should be granted because:
3. :he accused insists that his rights be protected and observed in all court proceedings
&. :he accused has opted to e9ercise his right to proceed in propria persona with this case.
'. :he accused has a right to know the identity of the court so that he knows which rules of
procedure apply so that he can properly defend hi(self.
%espectfully sub(itted, , In ,ro ,er
":1:D @J NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN NNNNNNNNNNNNNNN !@=?:E
,%@"D!=:@%": :he "tate of
Ms. !1"D ?=*<D% NNNNNNNNNNN
1!!="DI:
*@:I@? :@ ":%IHD
?ow co(es the accused, NNNNN, respectfully re>uesting this court to:
"trike the pleading filed by the judge ostensibly on behalf of the defendant, and over the
defendants objections, in the above entitled case.
:his (otion should be granted because:
3. :he accused insists that his rights be protected and observed in all court proceedings.
&. :he accused has opted to e9ercise his right to proceed in propria persona with this case, and it
is the accuseds job to enter a plea on his own behalf.
'. :he accused did not give the judge power of attorney to enter a plea on his behalf, and the
judge was illegally practicing law for( the bench, and defrauding defendant out of his power of
attorney.
%espectfully sub(itted, , In ,ro ,er
":1:D @J NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN NNNNNNNNNNNNNNN !@=?:E
,%@"D!=:@%": :he "tate of
Ms. !1"D ?=*<D% NNNNNNNNNNN
1!!="DI:
*@:I@? :@ %D!="D :BD C=I7D
?ow co(es the accused, NNNNN, respectfully re>uesting this court to:
%ecuse Cudge fro( this case.
:his (otion should be granted because:
3. :he accused insists that his rights be protected and observed in all court proceedings.
&. :he accused has opted to e9ercise his right to proceed in propria persona with this case.
'. :he judge was illegally practicing law fro( the bench by defrauding defendant out of his
power of attorney by entering a plea on defendants behalf and over the defendants objections.
#. :he judge failed to identify for the defendant a !onstitutionally valid jurisdiction under which
this case is being tried.
$. :he judge clai(ed this was a statutory case, and when asked for the %ules of !ri(inal
,rocedure for "tatutory !ases, the defendant was referred to the *otor Mehicle !ode. ?o such
%ules of !ri(inal ,rocedure e9ists with that !ode.
%espectfully sub(itted, , In ,ro ,er
":1:D @J NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN NNNNNNNNNNNNNNN !@=?:E
,%@"D!=:@%": :he "tate of
Ms. !1"D ?=*<D% NNNNNNNNNNN
1!!="DI:
*@:I@? :@ II"*I"" :BD !1"D
?ow co(es the accused, NNNNN, respectfully re>uesting this court to:
dis(iss the above referenced case.
:his (otion should be granted because:
3. :he accused insists that his rights be protected and observed in all court proceedings.
&. :he accused has opted to e9ercise his right to proceed in propria persona with this case.
'. :he court has failed to identify the nature and cause of the case against defendant. :he
constitution grants this court two different cri(inal jurisdictions: one is a cri(inal jurisdiction
under a !o((on Gaw, and the other is a cri(inal action that constitutes a condition of contract
under the cri(inal aspects of a colorable 1d(iralty Curisdiction, which is in fact a *ilitary
:ribunal of Gegislative Menue under color of !onstitution 1rticle 3, "ection ., !lause 3A. :he
court has repeatedly failed to identify under which of these jurisdictions defendant is being tried.
<ecause the %ules of !ri(inal ,rocedure under a !o((on Gaw jurisdiction are very different
fro( the %ules under a colorable 1d(iralty jurisdiction, defendant needs to know which
jurisdiction this court intends to try hi( under in order to proceed with this case.
%espectfully sub(itted, , In ,ro ,er
":1:D @J NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN NNNNNNNNNNNNNNN !@=?:E
,%@"D!=:@%": :he "tate of
Ms. !1"D ?=*<D% NNNNNNNNNNN
1!!="DI:
*@:I@? :@ !@?:I?=D :BD !1"D
?ow co(es the accused, NNNNN, respectfully re>uesting this court to:
!ontinue this case until such ti(e as Iefendant can be provided a published copy of the %ules of
!ri(inal ,rocedure under "tatutory Curisdiction.
:his (otion should be granted because:
3. :he accused insists that his rights be protected and observed in all court proceedings.
&. :he accused has opted to e9ercise his right to proceed in propria persona with this case.
'. :he accused has a right to know the rules of procedure of the court so that he can properly
defend hi(self.
%espectfully sub(itted, , In ,ro ,er
1: :BD :%I1G
<efore trial: fa(iliari8e yourself with the rest of this package, especially thinking in advance to
the appeal process. Eou want to try to get the judge to (ake co((ents that fit into the grounds
for appeal. 1lso, fa(iliari8e yourself with the trial >uestions so that you dont appear to be using
a prepared package. Eou are, of course, allowed to have private notes at your disposal for your
defense. %e(e(ber, you are acting as your own attorney. In fact, did you know that by the very
act of hiring an attorney, you have declared yourself inco(petent and a ward of the court+
I*,@%:1?:: <egin the case with the sa(e routine you did at the preli(inary hearing,
de(anding to know the jurisdiction under which you are being tried, so that you can properly
defend yourself. 1ct as if it is your preli(inary hearing all over, and use the audio infor(ation
you already learned. While you are hoping he will drop the case, as he should, e9pect the judge
to stonewall and de(and that the trial begin.
If you didnt previously have a (otions hearing, have three copies of each of the (otions you
had (ailed with you, and ask hi( to rule individually on the(. 1sk for a continuance until such
ti(e as receiving the proper rules of procedure. <e prepared for hi( to tell you to get a lawyer.
=se your sa(e routine fro( the preli(inary hearing. If the judge threatens conte(pt, use your
sa(e line fro( the audio, but proceed with the case if you (ust. It is better to proceed with the
trial and win on appeal. If the judge has threatened you with conte(pt for si(ply asking what is
your legal right to know, he has probably given a(ple grounds for appeal.
@nce the trial begins, the prosecution will go first. :he judge will probably play a dual role as
prosecutor 4which is one of the reasons why youll win on appeal5, and ask >uestions to the cop.
"he is going to answer by telling the story. D9a(ple: I observed defendant traveling westbound
on Bwy '& at &:'$ p.(. *onday 1ugust '', &22#. Iefendant appeared to be traveling at an
e9cessive rate of speed. I pointed (y radar gun, and deter(ined that defendant was traveling .&
*,B in a 0$ *,B 8one. I put on (y lights and drove up behind defendant, who pulled to the
side of the road. I asked for defendants license, registration and insurance. I cited defendant with
the notice to appear, and we both left the scene.
GI":D? :@ D1!B W@%I, 1?I :1HD ?@:D" @J :BD :D":I*@?E.
4Iont trust your (e(ory P after all, being your own lawyer can be a bit nervewracking.5 It is
possible that the judge (ay only let you directly respond to co((ents (ade by the officer.
Dvery word the officer speaks should be challenged if it opens up any of the >uestions on your
list. 1sk the provided >uestions to the police officer, in this order as (uch as possible. D9pect the
judge to interrupt and interfere as you atte(pt to do so. If he does, state, Eour Bonor, I( trying
to lay a foundation necessary to (y defense. I a( seeking to establish that the officer is biasedF is
involved in a conspiracy to deprive (e of (y propertyF and lacked the legal authority to pull (e
over, (ake a warrantless arrest, and issue a notice to appear. I a( seeking to establish that he is
therefore is an inco(petent witness as it relates to the issue before the court.
<e aware that these >uestions and citations are based upon !alifornia law and the !alifornia
*otor Mehicle !ode. In your state, you should go to your Iepart(ent of *otor Mehicles or local
law library to obtain a copy of the *otor Mehicle !ode, or look it up at www.findlaw.co(. Gook
up the sections nu(bers that apply and use your states !ode "ections where appropriate.
If the judge only allows >uestions fro( the testi(ony, you still have a(ple roo(. *ost of the
>uestions below will still be valid. :ry to ask each and every one, and (ove to the ne9t if the
judge is objecting. In fact, hope that he objects, because then he is acting as both judge and
attorney for the prosecution witness P another ground for appeal. 1 judge is supposed to be an
i(partial arbiter, not objecting on behalf of the prosecutionLL
:%I1G Q=D":I@?" :@ 1"H :BD !@,:
R 1re you an injured party in this case+
R Iid you witness (e injure any person or property+
R Iid you have reasonable cause to suspect I was about to injure you or the person or property of
another+
R Io you follow the !alifornia *otor Mehicle !ode 4*M!5 procedure on violations involving
(otor vehicles+
R =pon which code section, specifically, were you relying as your authority to pull (e over+
,lease read that code section for the record. 4let her6hi( read it, then ask: where specifically in
that section does it authori8e you to pull (e over+5 4if no answer to original >uestion: then do
you ad(it that you do not have personal knowledge of any authority under the *M! to pull (e
over+5
R 1t the ti(e that you began writing the notice to appear, was I under arrest+ 4If no, ask her if she
is fa(iliar with the court case ,eople v *onroe and read the >uotation fro( it into the record5
R Iid you read (e (y *iranda rights+ 4@r, at what point did you read (e (y *iranda rights+5
R Iid you have a warrant for (y arrest with (y na(e on it+
R Would you kindly read aloud for the record !alifornia *otor Mehicle !ode Iivision 3A,
!hapter &, ,rocedure on arrests, section #2'22.$ regarding arrests without warrants+
R Iid you have reasonable cause to suspect I was under the influence of alcohol+
R Iid you have reasonable cause to believe I had been in a traffic accident+
R Iid you have reasonable cause to believe I was obstructing a roadway+
R Iid you have reasonable cause to believe I was a flight risk+
R Iid you have reasonable cause to believe I was about to injure (yself or property if not
arrested+
R Iid you have reasonable cause to believe I was about to destroy evidence of a cri(e+
R 4If she says no to those si9 >uestions5 :herefore, do you ad(it that *M!
#2'22.$ did not give you the authority to (ake a warrantless arrest+
R =pon what basis did you believe you had the authority to arrest (e+ 4if she cites anything fro(
the ,enal !ode, ask her if she is fa(iliar with the court case of ,eople v. Wohlleben and read the
provided section for the record, if she cites *M! #2'2& read the section of ,eople v "uperior
!ourt into the record5
R Io you follow the !alifornia *otor Mehicle !ode procedure on notice of violations and notice
to appear+
R Would you kindly read aloud for the record "ection #2022 of the !alifornia *otor Mehicle
!ode regarding reasonable cause for issuance of a notice to appear+
R "ince you previously stated that you did not have reasonable cause to believe I was in a traffic
accident, do you ad(it that you did not have authority under *M! #2022 to issue a notice to
appear+
R =nder which section of the *M! were you relying when you issued the notice to appear+ 4GD:
BD% 1?"WD%, and if she gives a *M! code section, say: ,lease read that code section for the
court. 4WBD? "BD I" I@?D %D1II?7: Where in that specific code section does it authori8e
you to (ake a warrantless arrest and give (e a notice to appear+ 4IJ "BD !I:D" ,D?1G
!@ID, ask if she is fa(iliar with the court case ,eople v. Wohlleben and read the >uotation
fro( it into the record5
R 41sk any other >uestion you believe relevant that (ay have arisen fro( officers responses.5
R ?o further >uestions.
E@=% !G@"I?7 ":1:D*D?:: Eour honor, because the only witness against (e did not have
the authority to pull (e over, (ake a warrantless arrest, or to issue a notice to appear, I (ake a
(otion that this case be dis(issed, and that I be legally judged to be not guilty of the cri(e
charged.
If the judge has illegally allowed things to progress this far, e9pect this (otion to be denied and
to have to post an appeal bond e>ual to the a(ount of your fine. :hen get hi( on appeal.
!ourt !itations that you (ay need at your arraign(ent or trial
4Eou can access the entire case law by using the citation provided through legal search engines
such as www.findlaw.co(5
If the judge cites conte(pt when you ask for your 0th a(end(ent right to know the nature and
cause of the accusations: *iller vs =."., 3&2 J &nd #.0,#./ 4this is a Jederal case5 :he clai(
and e9ercise of a !onstitutional right cannot be converted into a cri(e
If the cop says that you were not placed under arrest:
,eople v *onroe, 3& !al.1pp.#th 33A# 4this is a !alifornia case5 Where a (inor Mehicle !ode
violation is involved, the arrest is co(plete when, after an investigatory stop, the officer
deter(ines there is probable case to believe that an offense has been co((itted and begins the
process of citing the violator to appear in court
:o show that the Mehicle code is civil, not penal
,eople v Wohlleben, &03 !al.1pp.&d #03 4this is a !alifornia case5 :he procedure on arrests
without a warrant for (isde(eanor Mehicle !ode violations is that prescribed by the Mehicle
!ode and not the procedure prescribed by the ,enal !ode.
:o show that sections of the vehicle code in and of the(selves are not enough to be a basis for
arrest:
,eople v. "uperior !ourt, A !al.'d 3.0 4this is a !alifornia case5 =pon analysis it will be seen
that one cannot be arrested on the sole authority of section #2'2&: such section is not penal in
nature and cannot for( the basis for a lawful arrest. :he section by its ter(s applies only when
a person is arrested for any nonfelony violation of this code and one of the four specified
conditions is (et. It thus assu(es the violator has already been arrested under a substantive
provision of the code, and si(ply declares the procedure which is then to be followed.
Instructions for 1ppeal
!o(plete the appeal docu(ents provided by the court clerk I? 1 :I*DGE J1"BI@?. :he
court will not accept a late appeal, so you auto(atically lose if you are late. :hose in the e9a(ple
are taken fro( an actual successful appeal fro( the "tate of !alifornia. *ake sure that each ite(
applies to your case prior to putting it on your appeal.
Eou will be re>uired to type in the na(e of the court, your na(e, address, case nu(ber, and a
few basic blanks. In the area for stating the grounds for appeal, type "ee 1ttach(ent 3 unless
you believe it will fit in the space provided. Eou should type your own 1ttach(ent using the
sa(ple, however, if every single ite( in the sa(ple applies to your case, you can fill in the
blanks and use it. !o(plete 1ttach(ent 3 by filling in the na(e of the state, your na(e, and
your case nu(ber in the blanks at the top. =nder "ection 4a5, fill in the na(e of your state. In
"ection 4e5, fill in the date your (otions were signed for by the court. If not every ite( applies to
your case, you will have to retype the sa(ple to o(it the ite(s that do not apply.
When you sub(it your appeal docu(ents, you (ay do this in person, being sure to get a receipt
for the( so you have proof that they were delivered. :his is best done by having a second copy
with you that youll keep, that you ask the court to sta(p with the date of receipt. Eou can even
take a witness with you. If you chose to (ail the(, use the proof of (ailing process that you
used for (otions.
%egarding sections 4b5 and 4f5, if you are in a different state than !alifornia, you (ay wish to
o(it the court cases referenced, as they are !alifornia law. Eou can research www.findlaw.co(
to see if there is si(ilar law in your state, or you can also go to your local law library 4your
courthouse probably has one free of charge5 to do this research. :he law librarian can assist you.
Eou can also o(it these two points referring to !alifornia law if you feel that the re(aining
reasons are sufficient. %e(e(ber, the judge only needs @?D reason to throw out your case P you
are providing eight as the attach(ent currently stands. Bowever, the (ore reasons you give, the
(ore likely you will be successful.
"ection 4g5 will also not apply to all cases. *ake sure that this actually happened in your trial
before you list it in your grounds for appeal.
If your transcript proves the judge (ade state(ents going to the specific points on appeal
4e9a(ple: in section c if he stated that :he "tate of SSS is the injured party5 >uote his e9act
words and the page nu(ber and line nu(ber of the transcript. With "ection J, if the judge has
done this to you, cite the page and line nu(ber of the transcript in your appeal. 1lso, if your
transcript proves judicial error other than those enu(erated on the e9a(ple, dont be afraid to
add the(.
,%@"D!=:@%": :he "tate of
Ms. !1"D ?=*<D% NNNNNNNNNNN
1!!="DI:
1ttach(ent 3. 7rounds for 1ppeal
a. :his hearing was in the wrong court due to jurisdiction error. :here is no legal foundation for a
cri(inal jurisdiction under the statutes of the "tate of . :he constitution allows for cri(inal
jurisdiction under the co((on law and under ad(iralty, but (entions nothing about under
statutes. Iefendants repeatedly asked for clarification of jurisdiction each ti(e he entered court,
including (aking a written (otion, which was not ruled on.
b. :he hearing was in the wrong court since it was civil, not penal. :he *otor Mehicle !ode is
civil, not penal, so should be in a civil, not cri(inal court. "ee ,eople v. Wohlleben,
&03 !al.1pp.&d. 4not the procedure prescribed by the ,enal !ode5 and ,eople v. "uperior
!ourt, A !al.'d 3.0 4such section is not penal in nature and cannot for( the basis for a lawful
arrest.5
c. :his hearing was in the wrong court because the "tate cannot be both a party and judge on the
sa(e case. In the absence of an injured party, the "tate is i(plying that it is the injured party.
Bowever, if the state is an injured party in a lawsuit, it needs to be heard in the proper venue. 1
state cannot be a party to, and judge of, its own action.
d. :he judge e9ceeded his role of i(partial arbitrator by acting as the prosecuting attorney and
attorney for the states witness. Be entered objections on behalf of the witness when she didnt
know how to answer defendants >uestions.
e. :he judge failed to perfor( his duty by failing to rule on a (otion to strike the pleading,
which was entered over defendants protests by a judge practicing law fro( the bench. :he judge
failed to perfor( his duty by failing to rule on a (otion to dis(iss based on the courts refusal to
identify the nature and cause of the charge against (e. I was forced into a trial without knowing
the nature and cause of the charges against (e or the identity of the court and thus the proper
%ules of ,rocedure. :hese (otions were served by certified (ail and received by the court on .
!opies of both (otions, proof of service and proof of (ailing are attached.
f. :he judge erred by stating I was not arrested and refused to allow >uestions regarding (y
arrest. "ee ,eople v. *onroe, 3& !al.1pp. #th 33A# which states Where a (inor Mehicle !ode
violation is involved, the arrest is co(plete when)the officer)begins the process of citing the
violator to appear in court. "ee also ,eople v. "uperior !ourt, A !al.'d 3.0.
g. :he judge e9ceeded his role of i(partial arbitrator when he practiced law fro( the bench by
entering in a negative (y wish to go to traffic school despite the fact that I did not specifically
(ake a state(ent one way or the other on that issue pending appeal of (y case.
h. :he judge granted the (otion to protect and observe (y legal rights but failed to do so by
co((itting the aboveenu(erated errors.
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