Time: Fri Nov 15 13:59:55 1996
To: tfs@adc.com (Tony F Sgarlatti)
From: Paul Andrew Mitchell [address in tool bar]
Subject: Advice requested regarding DL issue..
Cc: 
Bcc: 

Dear Tony:

My advice:  call Rich Scully at
(602) 234-9640, pager: (602) 665-7522
and request information about joining
Pre-Paid Legal in Oklahoma.  I believe
they now handle pre-existing problems.
I get no financial gain from this advice
(unless Rich takes me to dinner again soon).

/s/ Paul Mitchell

copy:  Rich Scully (no computer (yet))



At 01:44 PM 11/15/96 -0600, you wrote:
>A friend of mine was recently pulled over by a local cop for not 
>stopping his car soon enough in an intersection (it was raining),
>and so the front of his car was beyond the pedestrian cross walk
>(it was also in the evening and no pedestrians or cars were at
>risk of injury).
>
>He didn't have a drivers licence since he's a state Citizen of
>the California Republic domiciled in Minnesota (and has all of
>his paperwork viv Richard McDonald in order), so after the cop 
>asked him for his license, he showed him his state Citizen ID 
>card.  The cop then wrote him up for driving without a valid 
>license.  He had registration and insurance on the car since
>it belonged to his wife (common law marriage), and she is not 
>a state Citizen. Interestingly enough, the cop didn't write him 
>up for anything else, like failure to stop or whatever.  That 
>offense of driving without a valid DL is a misdemeanor here in 
>Minnesota.
>
>He filed a motion to quash based on lack of jurisdiction, not
>enough miniminal contacts in the state, etc. which at his 
>arraignment the judge said he read.  He went to court 
>representing himself in propria personna.  I was at court with 
>him for the arraignment, and his arguement was basically that 
>the court did not even have jurisdiction to try him since he's 
>a state Citizen.  So he didn't enter a plea, and the judge had 
>the 'court' enter a plea *for* him of not guilty over my friends 
>objection.  
>
>Then the DA wanted the charge reduced to petty misdemeanor which 
>also meant he wouldn't be allowed a jury trial.  The judge asked 
>my friend if he wanted a jury trial, but my friend kept insisting 
>that he's still arguing the jurisdiction issue.  The judge said 
>he's not waiving his rights to jurisdiction but he only has two 
>choices to his question - did he want a jury trial or a judge 
>to hear his case.  My friend said he wanted to research it more, 
>and the judge then said it will be scheduled for a pre-trial 
>conference.  There was a court stenographer there and he's
>getting a copy of the transcript.
>
>Any advice for my friend in this matter short of hiring an attorney?  
>His pre-trial conference is next week, and I'm afraid the 
>'procedures' part of the court thing may be his downfall.  He has 
>good arguements, but I'm not sure if the court is just taking 
>advantage of his naivety with how to handle himself in court, i.e., 
>how to argue, object, make motions, etc.  Thanks.
>
>Tony Sgarlatti
>tonys@the-truth.org
>http://www.future.net/~thetruth/
>
>
      

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