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THE COMMON LAW TRAFFIC TICKET DEFAULT
PROCESS
The Ticket Slayer common law traffic default method
consists of six legal documents. The six documents are filed
in five steps with the prosecutor's Office and the Traffic
Court Clerk as outlined in our easy to follow instructions.
You will need approximately 15 to 20 days before the date of
your trial to complete the filing process. If you have less
than this amount of time before your trial date, then in most
cases you can simply call the traffic court clerk and ask for
a postponement of your trial. Generally, the court clerk is
authorized by the court to allow you a one time postponement
of your trial. The court clerk can usually grant a
postponement of up to 30 days, and in some cases he is
authorized to grant even more time.
STEP ONE:
The default process is begun by serving your Affidavit
of Truth upon the prosecutor, and filing a copy with
the court clerk. The Affidavit of Truth is your sworn
statement of facts, which include facts such as; you deny that
you are the corporate person (under law a corporation is a
corporate person) whose name appears in ALL CAPS upon your
traffic ticket, or on court records, you have no contract with
the county or the state, you say you are a sovereign, a
creation of God, and are not subject to administrative law
(referencing Yick Wo v. Hopkins). The prosecutor by law has X
amount of time to rebut your claims made in your Affidavit of
Truth or he is in default. Hundreds of people have used our
default method across America, and only two prosecutors have
ever attempted to counter the Affidavit of Truth. However,
both prosecutors only made some general vague allegations
about how they felt the Affidavit of Truth was somehow not
valid, but they failed to attempt to rebut even one of its
claims.
STEP TWO:
After time has expired for the prosecutor to rebut your
Affidavit of Truth, then you will file a "Notice of
Default and Three Day Notice to Cure" (this is one
document), this notice advises the prosecutor that a default
now exists, and he has three days notice to cure the default.
Meaning; the prosecutor has three days to drop the case
against, or you will file a Final Notice of Default legally
establishing a default against him.
STEP THREE:
When the prosecutor fails to cure the default you file a
Final Notice of Default. The Final Notice of
Default finalizes the default under the common law, and under
the common law principle of "bars and
latches" the prosecutor can not legally proceed
to prosecute you in this case.
STEP FOUR:
After filing the Final Notice of Default, you will file your
Motions to Dismiss and a Writ of
Praecipe together at the same time. The Motions to
Dismiss are legal reasons why the court should dismiss your
case. Mostly, the reason we provide you with the Motions to
Dismiss, is to provide the judge with a list of excuses he can
use to dismiss your case. No judge is likely to ever admit his
reason for dismissing your case is because, you left him no
choice when you placed the prosecutor in legal default.
Instead, the judge will find some other excuse to dismiss your
case. However, don't be surprised if the judge does not use a
one of the reasons listed in your Motions to Dismiss to
dismiss your case.
In normal
circumstances, only about 10 to 15 percent of traffic cases
get dismissed in traffic court because the citing officer was
not available to appear in court. It does strike us a just bit
odd however, 90 percent of the time our customers have the
judge dismiss their case because, the citing officer was
unavailable to be in court to testify against them. Very
curious, very curious indeed. We do have a name for this
curious phenomenon; we call it the "Ticket Slayer
officer-flu pandemic." It only strikes traffic
officers just before they are scheduled to appear in court as
a witness against a Ticket Slayer customer using our common
law default method. We might be wrong about this.... it could
be that judges are really just informing traffic officers not
to come to court in cases where the officer has cited a Ticket
Slayer customer using our common law traffic default, but that
wouldn't be kosher now would it?
If the
judge waits to the last minute before trial to read your
default documents, he may not have time to inform the officer
that, the officer has the flu, that is.... the officer
shouldn't show up for trial to testify against you. In this
case the judge has to quickly come up with a quick excuse to
dismiss your case, without admitting the default is his real
reason for dismissal. Judges are often a crafty bunch and they
keep an ace shoved up their sleeves for just for such
emergencies. In this case the ace up their sleeve is the old,
- "I am dismissing this case in the interest of justice"
excuse. This ace or magic phrase is used by judges to conceal
the real reason why they are being forced to dismiss a
case.
In step
five, you will also file the Writ of Praecipe. A "writ" is an
order. The Writ of Praecipe respectfully orders your servant,
the traffic court clerk, to enter the default against the
prosecutor and to notice all parties of interest. You give the
court clerk three days time to carry out your
demand.
STEP FIVE:
When the court clerk fails to do his ministerial duty by
recording the default and sealing it with the court seal, and
by noticing the parties of interest, then you will be forced
to file a Writ of Mandamus. Mandamus means
"we command." Writs are used by higher courts to command a
lower court do its ministerial duty, or by courts in general
to command a person holding government office do their
ministerial duty. In this case we present the Writ of Mandamus
to the court, and respectfully ask the court to use our writ
to command the Clerk of the Court, a person holding government
office, to do his ministerial duty and enter the default.
The
prosecutor defaults when he fails to rebut your sworn
statement of facts, which attests to the fact that you are a
sovereign; not subject to laws derived by governmental bodies.
This fact is supported biblically, by common law and by the
United States Supreme Court in the case of Yick Wo v. Hopkins.
Together, these three foundations in support of your claims
effectively create a legal claim so strong it becomes an
almost certain legal impossibility for the prosecutor to rebut
your claims.
When you
arrive in traffic court for your trial, the traffic court
judge should have already received and read a copy of all of
your documents. The judge seeing that the prosecutor has
defaulted, has no choice legally, but to dismiss your case as
the prosecutor by law lost all right to prosecute you when he
defaulted. Now, we know approximately 5% of the judges will
violate their ministerial duty and their judicial oath of
office by refusing to dismiss your case. Judges, even though
some may not think so, are not above the law, and a judge who
refuses to dismiss a case where the prosecutor has defaulted
upon his right to prosecute, can be sued for violating their
ministerial duty and judicial oath of office. |
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