Posted by mindset on November 12, 1998 at 00:42:53:
In Reply to: Need help and advice with a COURT hearing posted by Shane Hanson on October 21, 1998 at 22:26:04:
I can't give advise. If I were you, I would buy
time... CONTINUANCE.
1) I would try submitting a DEMAND FOR BILL OF
PARTICULARS to th prosecutor.
2) I would also consider making up an INTERROGATORY
for the accusing officer.
3) Since the judge gets paid some of your fine for
his retirement, I might consider an OPEN RECORD ACT
REQUEST or FOIA concerning this.
4) I would consider a plea of NON-ASSUMPSIT.
HN 1. TAXATION - LICENSE FEES - PAYMENT UNDER VOID STATUTE -
ACTION TO RECOVER - STATUTE OF 1893 - FORM OF ACTION.
-An [assumpsit] action may be maintained to recover license
taxes paid to the state under
protest... ...and this action is in form a common-law
action in ASSUMPSIT upon an implied contract.
Welsbach v. State, 206 Cal. 556 (1929)
[emphasis added]
5) I would do other things as well, but its probably
better to do a few things well than alot poorly.
6) I would pray alot.
7) I would also make a DECLARATION OF INTENT, helping
to negate CULPABILITY, if its criminal (its probably
civil in form but criminal in nature).
Of course, that's what I would probably do and I'm
not familiar with your circumstances. I can't
really advise you one way or another.
8) I would bring friends and expect to loose in a
legislative court as opposed to a constitutional
court. Oooh, there's a good question as to NATURE
AND CAUSE.
By the way, my understanding is that all licenses
(driver or operator) are ONLY FOR CARRIERS, be they
public or private. I would look up PASSENGER in
Blacks Law Dictionary. As well as CARRIERS, for
hire and not-for-hire.
I would also try to find an old book on CARRIERS
at a law library, such as "A Treatise on the Law
of Carriers" by Angel (1856)
I might also check the State's Administrative Code,
because it's comparable to the implementing regulations
in the CFR to the US Code., and tends to have more
precise definitions.
I would look up 18 USC 31 "Motor Vehicle."
I would also beware of a "Nisi Prius" court,
which does NOT look at the law (definitions), but
only "facts." Of course, how can facts be determined
without the precise meanings established for words?
Lastly, I would be mentally prepared to spend some
time in jail, if I were to loose at all steps.
[Hello to the gov't agents reading this e-mail.]
YHWH bless,
mindset