Posted by Derek Kyle on January 12, 1998 at 11:45:30:
In Reply to: Re: Cop crossed out my "without prejudice" posted by Common Right Group on December 17, 1997 at 06:11:51:
: : Some please help with this:
: : I recently received a citation for speeding (going 55 in a 45 at 6:30 in the morning, taking
: : a friend to hospital for surgery). When I signed my name with the words "without prejudice,
: : the officer crossed them out before handing me my copy. I asked why and he said I had no right
: : to add anything besides my signature to "his" citation. I said it was a legal document and as
: : such, I had a right to reserve my rights in writing. He said "it wasn't a legal document".
: : Anyway, an attorney has confirmed that according to the Code of Criminal Procedures under which
: : this falls, the officer was justified in his action because the UCC isn't applicable for this type
: : of legal matter. The problem I have is that this flies in the face of all I've read and heard
: : about use of the UCC for protection against signing under duress. I thought I may have a good
: : case against the officer when I get to court, but now I'm unsure. Someone wiser than I on this
: : issue please respond. Much thanks indeed. Please respond to c.mark@ix.netcom.com.
: Use of UCC is inappropriate in matters of criminal charges. An application for a driver's license IS a statement made by the applicant that prejudices the applicant's rights, and is antecedent to any disclaimers on a citation.
: I wish to take issue with the above statement. The issuance of a 'traffic citation' is in reality a municiple warrant, [See Black's 5th or 6th] and therefore valid as a negotiable instrument. If it is not refused for cause or returned for fraud, demurred or abated, a plea of quilty is presumed and at the court appearance a payment is negotiated. You do not have a 'right' to trial as the DMV code is enforced by contract, that contract being the driver's licence. The traffic infraction is a contract breech in which a penalty is assessed. I would limit my argument [Of course not with the officer] to the issue of what constitutes a valid signature [Again reffer to any legal dictionary]. Or use the statement: threat, duress or coersion [TDC as some have used] in conjunction with your signature [which invalidates willfulness, (a requirement for a signature)]. However, I am convinced that the use of 'Without prejudice' is applicable since the citation is the negotiable instrument.
I posted much earlier on this site a challenge for anyone to discuss the difference between the Right to Travel, and the Liberty of Movement. Any takers?
Derek Kyle