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Opinions please on a legal issue(traffic)

C

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
Charged with driving without a license.... I haven't had one in twenty years... Never any violations....

My defense will never win on the local level....( Traveling is a right, not a privilege), no local court will support my argument nor will any lawyer make said argument on my behalf.... So no problem, I will go it Pro Se....

To date, I have had two adjournments, the prosecutor is not forthcoming with my discovery request. Now the caveat, this is a small township in NJ,

The prosecutor is now the sitting Judge,,,, Should I file a motion to have the judge recused from the case? Or do I simply inform the court of my concern for getting a fair and impartial trial( on the record) with the ex prosecutor now judge, then use that argument on my appeal?

While my defense is somewhat weak, having the original prosecutor that was not so happy with my discovery request now sitting as the judge gives me no shot.:(

Thoughts and opinions are much appreciated..

TIA

Regards

CCJ
 
SovereigntyOrDeath

SovereigntyOrDeath

Regular Member
Joined
Dec 15, 2014
Messages
411
Location
Coeur D Alene, Idaho
countryclubjoe said:
Charged with driving without a license.... I haven't had one in twenty years... Never any violations....

My defense will never win on the local level....( Traveling is a right, not a privilege), no local court will support my argument nor will any lawyer make said argument on my behalf.... So no problem, I will go it Pro Se....

To date, I have had two adjournments, the prosecutor is not forthcoming with my discovery request. Now the caveat, this is a small township in NJ,

The prosecutor is now the sitting Judge,,,, Should I file a motion to have the judge recused from the case? Or do I simply inform the court of my concern for getting a fair and impartial trial( on the record) with the ex prosecutor now judge, then use that argument on my appeal?

While my defense is somewhat weak, having the original prosecutor that was not so happy with my discovery request now sitting as the judge gives me no shot.:(

Thoughts and opinions are much appreciated..

TIA

Regards

CCJ
Click to expand...

It would not be a good idea to enter the BAR. Way too complicated to explain here. A paper battle, "motions" via certified mail etc, works best.

A drivers license was originally intended for commercial drivers only. It is all a revenue generating scam.

If you are not prepared and understand how the system works, I would get a traffic attorney and have him or her work out a deal with the court.

An attorney is an officer of the court and they will work within the system only. They are part of the system. Not really on your side.

Caveat Emptor.
 
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SovereigntyOrDeath

SovereigntyOrDeath

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davidmcbeth said:
What's the penalty for no DL? just a fine?
Click to expand...


A person convicted of driving without a license in New Jersey may be fined and incarcerated. If convicted, a person will be subject to the following penalty:

A fine of up to $500; or
Imprisonment in the county jail for not more than 60 days

If the person never had a license in New Jersey or any other jurisdiction, the person will be subject to the following penalty if convicted:

A fine of not less than $200; and
The court will issue an order that prohibits the person from receiving a license for a period of not less than 180 days

Looks like possible jail time. Ouch!
 
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HPmatt

HPmatt

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Dallas
Say you're a Dreamer - they'll give you spending money, a clothing allowance, in-state tuition - if not free, and they'll get some trustees to come and cut your grass or shovel snow.
 
J

jfrey123

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Sparks, NV, Nevada, USA
You're looking to make a constitutional case out of this. I expect you'll be losing your first appearance no matter what, forcing you to appeal to the higher courts. Lower courts are less likely to differ from previous opinions and long standing traditions. Yes, travel is a right. Travel by a car, however, is upheld a privilege subject to licensing that can be revoked for a number of reasons. Lower courts will abide by the laws as written, higher courts may be inclined to hear your argument and either uphold, dismiss individually, or actually consider a law change based on constitutionality.

My opinion, since you asked for opinions, is I don't expect #3 to happen for you, #2 is doubtful. Good luck though, it'll be a helluva ride.
 
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MAC702

MAC702

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Joined
Jul 31, 2011
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Location
Nevada
jfrey123 said:
...Yes, travel is a right. Travel by a car, however, is upheld a privilege subject to licensing...
Click to expand...

To clarify, travel by car is still in the right, but OPERATING the motor vehicle is what requires the license. Anyone is allowed to own a car and hire a licensed driver.

I'm on the fence as to whether this is right or wrong.
 
SovereigntyOrDeath

SovereigntyOrDeath

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MAC702 said:
To clarify, travel by car is still in the right, but OPERATING the motor vehicle is what requires the license. Anyone is allowed to own a car and hire a licensed driver.

I'm on the fence as to whether this is right or wrong.
Click to expand...

Words of Art are what makes the whole system seem correct. One must break through the vail of these words. One must know who they truly are. One must educate themselves and learn how to do battle in the paper arena. Do not enter the BAR. Do not enter and submit to their jurisdiction.

Start with Common Law.

Learn how to stay within Common Law.

Use Common Law to defeat the paper tiger.
 
davidmcbeth

davidmcbeth

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earth's crust
MAC702 said:
To clarify, travel by car is still in the right, but OPERATING the motor vehicle is what requires the license. Anyone is allowed to own a car and hire a licensed driver.

I'm on the fence as to whether this is right or wrong.
Click to expand...

That's an argument that they may make (they'll likely not even make it, assuming courts to rubber-stamp their authority).

But I'm on the side of the fence for good. That no DL can be required to operate a MV for traveling purposes. We have the right to assemble...combine this with our right to travel = no DL required.

No plates, insurance etc too
 
SovereigntyOrDeath

SovereigntyOrDeath

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davidmcbeth said:
That's an argument that they may make (they'll likely not even make it, assuming courts to rubber-stamp their authority).

But I'm on the side of the fence for good. That no DL can be required to operate a MV for traveling purposes. We have the right to assemble...combine this with our right to travel = no DL required.

No plates, insurance etc too
Click to expand...

Agreed, and if they admit it or enough folks find the remedy in the Common Law, their revenue scheme goes out the window.

They will fight this tooth and nail.

This is why they will dismiss cases that are properly fought. They will hold folks over in court until the end of day that know what they are doing, and dismiss when everyone has gone on their merry way. The cases will remain in the dark. Not brought to "trial" so there is no legal precedent to fight future theft.
 
color of law

color of law

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Cincinnati, Ohio, USA
You will never win on the right to travel, period.

I have never lost a traffic case I chose to fight. A couple I paid because I had no time to fight. That is the cost of doing business in Ohio.

I win the case because the court or the cop did not play by the rules. Not on the merits of the case.

Most states cannot jail a pro-se. But NJ rules are what is important.
 
color of law

color of law

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Prejudice Caused by Delay

A significant delay may cause prejudice to a defendant. Prejudice can be shown by a loss of evidence, witnesses and memory. The death of a key witness or the inability of witnesses to recall evidence is enough to show prejudice after a long delay.

Demand for Speedy Trial

A defendant can lose his claim of being denied a speedy trial. Generally, a defendant shouldn't accept long pretrial delays and should assert his speedy trial right early in a criminal proceeding. A defendant can't silently allow a delay and later claim his right to a speedy trial was denied.

File a motion to dismiss due to prejudice. assert your speedy trial rights.

Ohio is one of the few states that have fixed speedy trial times. Go one day passed, case dismissed. NJ says your rights were violated if we say your rights were violated.
 
G

georg jetson

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Slidell, Louisiana
CCJ

You are absolutely correct that traveling is a right and that right includes traveling with your personal property. Its also true that this is a proven losing argument even at the appelant level. Like 'color of law' states, you don't argue the merrits.

If you want to win your case you need to learn the rules and laws relevant to your case. There's a better forum than this to bring these questions...

Join the Yahoo Group called Law-discuss. The owner is an attorney. Be prepared to do some homework.
 
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C

countryclubjoe

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nj
Motofixxer said:
Lot's of useful info here http://forum.opencarry.org/forums/s...RIGHT-TO-TRAVEL-Defined-Legal-style&p=1496229
Click to expand...

Great thread Motofixxer, I was an actual contributor to it.

Currently my dilemma is that the prosecutor who gave me a hard time with discovery request is now the Judge.... Therefore my query, Should I file a motion to have the judge recuse? Doesn't seem like I can expect a fair and impartial trial with the ex prosecutor now residing over the case....

I filed a 44 page brief with the EX Judge citing many of the cases in your old thread, however I never received a reply from that judge....

So my plan is

1- file a motion to have the judge recused, also file a MTD for lack of subject matter jurisdiction.

Should the judge refuse either of my motions, then I will simply use the appeals court....

I don't intend to pay these rat bastards a penny in fines and or fee's....

My .02

CCJ
 
SovereigntyOrDeath

SovereigntyOrDeath

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Messages
411
Location
Coeur D Alene, Idaho
countryclubjoe said:
Great thread Motofixxer, I was an actual contributor to it.

Currently my dilemma is that the prosecutor who gave me a hard time with discovery request is now the Judge.... Therefore my query, Should I file a motion to have the judge recuse? Doesn't seem like I can expect a fair and impartial trial with the ex prosecutor now residing over the case....

I filed a 44 page brief with the EX Judge citing many of the cases in your old thread, however I never received a reply from that judge....

So my plan is

1- file a motion to have the judge recused, also file a MTD for lack of subject matter jurisdiction.

Should the judge refuse either of my motions, then I will simply use the appeals court....

I don't intend to pay these rat bastards a penny in fines and or fee's....

My .02

CCJ
Click to expand...

Tried & True:

http://ticketslayer.com/
 
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davidmcbeth

davidmcbeth

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In my state there is a law in the Connecticut Practice Book, Sec. 36-11, pictured here...

I use this law all the time, before I enter any plea...to make them replace the ticket with an information.

99% of time, the case goes away as they don't want to spend an hour writing an information to replace the ticket.

Most states have this - replacing a ticket with either a proper complaint or information.

With the current OP's case it looks beyond this point in time...I think he already pled.
 
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