Misdemeanor Dredging Charge

[Enlitnd1]

I've noticed several threads concerning the Ca. prohibition against suction dredging. LEOs (law enforcement officers) have the option to issue tickets for infractions or misdemeanors, rather than take you before a magistrate for a probable cause hearing. However, that ticket you sign, promising to appear, is not a summons and does not confer jurisdiction upon the court over your person. Now, personally, I try to stay within the confines of the law and consequently, I seldom receive tickets of any nature. But, if you find yourself receiving a ticket, for whatever reason, there is a way to successfully fight it and win.
I wrote the following tutorial for traffic tickets because those are the most common, but a ticket written for any purpose is just as much a nullity. I have used this successfully and am now on the "DO NOT TICKET" list. The State does not want to see these issues raised in the courts.
Bill in Ariz.

TRAFFIC COURT TUTORIAL


Understand the scam that is traffic court. Never go to the merits when you already have the charges defeated for lack of in personam jurisdiction. In personam jurisdiction is jurisdiction over your person.

Q. From whence does in personam jurisdiction derive?
A. From procedural DUE PROCESS which derives from substantive due process

Q. What is substantive due process?
A. Substantive due process is found in the fourth article in amendment to the constitution “No warrant shall issue but upon probable cause supported by oath or affirmation.”

Q. What is procedural DUE PROCESS?
A. Procedural DUE PROCESS is promulgated in furtherance of substantive due process and is the steps required to place you properly before the court and confer upon the court jurisdiction over your person.

Q. What are the steps of procedural DUE PROCESS?
A. In a criminal action, the placing of a sworn complaint before a magistrate initiating a probable cause hearing and a subsequent finding of probable cause initiating the issuance of either a summons or a warrant. In lieu of the probable cause hearing, the submission of a sworn complaint to a grand jury and a subsequent indictment to properly place the defendant before the court. If a summons is used to bring the defendant before the court, the summons must be served in accordance with the procedures for service of process.

Q. In the case of a traffic ticket, has any of the above been observed?
A. No!

Q. How then does the court presume to have in personam jurisdiction?
A. The court depends upon you to waive your right to procedural DUE PROCESS by making a general appearance or traversing within the court.

Q. What constitutes a general appearance?
A. Any appearance not specifically identified as a special appearance for the purpose of challenging the jurisdiction of the court.

Q. How do you traverse within the court?
A. By asking the court to do anything. If you enter a plea you are asking the court to accept your plea and implicitly recognizing the jurisdiction of the court over your person. In personam jurisdiction can be waived if not challenged timely and once waived is forever lost to the defendant.


Q. Am I required to enter a plea?
A. No! Use of the term “may” rather than the term “shall” in traffic court procedures determines that entry of plea is discretionary rather than mandatory.

Q. Can the court enter a plea on my behalf?
A. There is no provision in traffic court procedures for the court to enter a plea on your behalf.

Q. Why would the court procedures fail to provide for the court to enter a plea if the defendant refused to do so.?
A. The court, because of insufficiency of process, does not have jurisdiction over your person and must depend on you to waive this issue and thus is powerless to enter any plea on your behalf.

Q. How does the court obtain in-personam jurisdiction in a civil action
A. The only instrument which can place you properly before the court in a civil action is a civil summons.

Q. Does a traffic ticket meet the requirements for a civil summons?
A. No, the form requirements for a civil summons states that the summons must be signed by the clerk of court.

Q. Does a traffic ticket meet the form requirements for a criminal warrant?
A. No, a warrant must be signed by the issuing magistrate

Q. Does a traffic ticket meet the form requirements for a criminal summons?
A. No, the criminal summons must also be signed by the issuing magistrate.

Q. Does a traffic ticket meet the form requirements for an indictment?
A. No, an indictment must be delivered in open court by the foreman of the grand jury.

Q. What then is a traffic ticket if not a summons?
A. A traffic ticket is nothing more than a promise to appear.

Q. How do I appear without making a general appearance or traversing?
A. You appear by filing a motion to dismiss with the court challenging in personam jurisdiction for insufficiency of process or insufficiency of service of process and prominently labeling the appearance as a special appearance.

Q. Is the challenge to in personam jurisdiction necessarily fatal to the charges against the defendant?
A. No.

Q. Can the prosecutor cure the defective process?
A. Yes, by observing the steps outlined above for procedural DUE PROCESS, the prosecutor can place the defendant properly before the court. The traffic ticket is a method of shortcutting procedural DUE PROCESS by inducing you to waive your right to same.

CONCLUSION

Traffic tickets:

1. Do not meet the requirements of substantive due process.
2. Do not meet the requirements of procedural due process.
3. Do not meet the form requirements of criminal process.
4. Do not meet the form requirements of civil process.
5. Do not require the entry of a plea.
6. Do not confer in-personam jurisdiction upon the court.

 

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[Goldwasher]

so i can speed when i want....run lights and stop signs.....drive with no headlights hell why not drink and drive? and i can dredge out in the open all i want because i have jurisdiction over myself.... awsome........................................................................

 

[Enlitnd1]

Would you have me believe the only thing preventing you from running amok is the fear of receiving a traffic ticket? Surely you operate on a higher level than that.
Your rights to due process of law is that which distinguishes this country from all others. However, the way our courts work these days, if you don't know what your rights are, you don't have any.

Bill in Ariz.

 

[sniffer]

thanks for sharing

 

[Hoser John]

WHAT A DAMN SICK BLOODY JOKE--this scam has put soooooooooooooooo many folks in jail up here it's bloody pathetic!! This sham has been around for almost 20 years as the ol'pay me for my precious info-yaaa now you can to jail and I keep your cash---nothing but trash--John

 

[patches63]

wow, if i tried that,would probably bump my head while being assisted into the back of a cop car.having a head concusion,i would not be aware of all the boot prints on my ass. is b.e. smith on tn? not signing a ticket=baloney sandwich at gray bar hotel.impound fee,lawyer fee,court costs etc ad naseum.drive safe

 

[Enlitnd1]

Admittedly, this information is not for everyone. There are those who simply cannot comprehend it and still others who view any criticism of the system as somehow unpatriotic. I speak only the truth as I know it and I have nothing for sale.
This controversy lies not with the LEO, who is following the orders of his superiors, but with the judge, who has taken an oath to support and defend the Constitution, within which is found your right to due process of law. It is up to each individual whether or not to knowingly waive their right to due process. In the same breath, I believe it is everyones right to know what due process actually is.

Bill in Ariz.

 

[Goldwasher]

i was sayin what hoser said i just chose sarcasm......i fully understand due process and i think it gets trampled alot if i get caught speeding what makes me a better AMERICAN goin to court and accepting the consequences of my actions or trying to get off on a technicallity thats the survey question of the day what do you guys think?? do not ticket list what a joke.

 

[Goldwasher]

by the way if you live in the borders of this nation or its territory arent you within federal jurisdiction?or within the states border its jurisdiction oh yea if im runnin from the law all i have to do is cross Hazzard county line right screw you Boss Hogg you dont have Jurisdiction over me.... ha ha ha i win cause i said so.... b.s. hoser ur a good guy ..

 

[patches63]

say bill,was not demeaning your original post.believe your right,in theory only however.have studied up on due process in the past.but as i recall,was only studying due process because my ass was in a legal sling.due process was mandated by constitutional amendment.4,5,6, cant remember which. the men who wrote that document must be rolling in their graves.for it has been circumvented in so many ways.local and state goverments could give a hoot about our const. rights.only federal courts really observe these rights.officers in the field cite,arrest,confiscate dredges or whatever,tell it to the judge,they say.because they well know,municipal court(county)to federal appeals court is a very long stretch for a private individual. i have thought long and hard about this very subject.and have decided to choose my battle wisely.traffic court is the bottom of the pile.and i will need my truck to drive down the mountain and help vote some of those deleted anti-american congressmen out of office.as for misdemeanor dredging charges,am afraid those could escalate to felonies rather quickly,i.e. dont tread on me.just my 63 cents.tx good luck all

 

[Eric Willoughby]

Here's a thought, have this inormation verified with an actual lawyer before putting one's dredge on the line.

 

[Relichunter1]

Guys we lost , they won....."you cannot fight city hall" and win. At the end, everything is enforced by the pistola. So go to court , pay your fines and get over it. Our country needs the money.

 

[Eric Willoughby]

Guys we lost , they won....."you cannot fight city hall" and win. At the end, everything is enforced by the pistola. So go to court , pay your fines and get over it. Our country needs the money.

No disrespect intended, but it's comments like this is why nothing ever changes. We live in a thoroughly corrupt system and it stays like this because today's citizens will roll over to any lie and any threat presented to them, we take the easy way out. There are countless of historical examples where people challenged the power-that-be on it's own turf and won. The "can't fight city hall" is the mantra of those who are not willing to make sacrifices to safegaurd thier freedoms, plain and simple.

I really wish to start seeing all of us Americans return back to our roots of being the hardy, tough, and self-sufficient, dont-tread-on-me mentality that our ancestors had.

Plain and simple............... we have been neutured guys. This crap will only end when we decide it to.

 

[patches63]

agree with you cappy,however,lets work from the top down.and not start in traffic court.the op was quoting an old common law theme.followers of this philosophy become mired in petty pissing contests.then someone has to drive them to grocery shop,thus weakining the whole family.think big,state/federal.lets fix it.stay strong.and drive legal/safe.why get pulled over :P

 

[Seamuss]

Sounds like you said due process is not the way it is and the rules can be made up along the way. Or did I miss read what I thought you said.

I think I will follow the rules as long as I know for sure that I'm being watched. Other wise, I will bind the rules that I know I can get away with if I can cover up the evidence. (I don't speed passed radar traps any more or dredge in Mexifornia)

 

[TURNMASTER]

I agree with cappn

I think the thought is that you sign the ticket so as not to loose truck or license. Then you get special hearing for dismisal.

Do not ticket list... there is one (believe it or not). Friend of mine was on it here in Spokane. If the LEOs say it ain't so they are lieing. Check that police don't lie. Or drive drunk or beat their wives, etc.

It may not be an official list though.

Buddy had been ticketed over unresonable trafic violations for a period of time. He got tired and hired a lawer for each violation. Judge dismissed each subsequent ticket. Then each time he was pulled over regardless of violation or guilt he was told to carry on. Later to find out he was on a do not ticket list. Believe it or don't. Just what I know. Or i'm full of it.

This still could be a great country. We are in a tenous position. Which way does the scale tip?

God be with us all!
Jeff

 

[patches63]

due process is still alive.but it usualy takes some cpr from a federal judge with the fortitude to uphold the constitution.sb670,the bill that indefinitely banned instream dredging,spits on due process.not like it is the first time either.any level of goverment will ignore the constitution when convenient for them to do so.like the civil war,states have the absolute right to secede from the union.income tax,temporarily enacted to finance ww1.a judge can routinely make unlawful rulings,a higher court may overturn these rulings,but the dirty judge is immune from liability.unless it can be proven that he acted in malice,under color of authority.(good luck).money=political power.with recent supreme court rulings,allowing unlimited campaign contributions from special interest groups,things may get worse.california sb670 is clearly unlawful legislation.but only a few thousand shoestring miners really suffer.and local merchants in gold country.balance them against the million eco-facists with their huge war chest,throw in the misinformed public,most of whom will never realise that the dams,and water diversions are what is decimating fish populations,well, its not looking to rosy for us miners.even if plp wins the present federal suit,the oppositions judges will slap on fresh injunctions.(as per jerry hobs,plp).things may shape up,but probably not.the eco facists are putting planes in the air to look for guerrilla dredgers,and im hearing miners wishing for their forty seven dollar permit fee back.i dont understand how grant money(taxpayer money)is readily available to the anti logging/redwood deck liberals,for use in putting a couple thousand stewards of the land closer to poverty.but i will say this,those green eco-libs better try an save the world.because if the feces hit the fan,no eco rat will eat venison an salmon at my fire.and oh yea lamprey eels :P what a farce.

 

[Tarkus]

Alas I fear too many of our citizens have drank the kool-aid, not realizing the slavery that awaits them. Laws that punish a few with out just cause are the tools of would be tyrants, these that hide behind the ignorance of the masses.

"The tree of liberty is a fragile thing, and must be watered occasionally with the blood of tyrants and patriots" Thomas Jefferson

Again I fear not enough patriots left

Sleep lightly and keep yer powder dry

 

[AU Seeker]

Bill,

Quote:
"Q. How do I appear without making a general appearance or traversing?
A. You appear by filing a motion to dismiss with the court challenging in personam jurisdiction for insufficiency of process or insufficiency of service of process and prominently labeling the appearance as a special appearance."

Are you saying that someone should go to the court and file this "motion to dismiss" in person or have it done by a lawyer, I guess I'm asking how to go about filing the "motion to dismiss" ?

Skip

 

[russau]

most judges want you to use a lawyer for this! even if youve read all the law books and know the proccess. the judges dont want you to be able to get off cheap!eaapeccially if your a out-of-state person!