Two people have done this in California and the tickets went away.
If that status changes I’ll post it hear.
If you get a citation for any kind of code violation, here is a remedy that keeps you out of the courtroom.
Citations only say appear at the court house it does not say any specific room.
The day that the citation states you “promise to appear”, you show up early and file the following letter.
citation # ________________
date ___________________ /time ___________
I am not entering a plea.
Now just go up to the window and ask the court clerk to please file the letter and give you a copy. The letter serves the purpose of proving you appeared and are not entering a plea. Judge can’t enter a plea for you if you are not physically present so it eliminates that problem and now the citation is stuck in “limbo”. No guilt or conviction may be conferred and you have no obligation to appear again. They will probably send you a letter stating that you need to appear again….but nothing on that citation or in written law says you must appear twice to an arraignment on the same citation. What can government do?
I don’t think govt has any remedy in place for this one…
>>Rascal Doug from California<<
If you do this send me a notice and I’ll keep a log of results.
Sometimes the simplest solution is the best.
In the Matter of Gordon L. Coville, Petitioner, v. Henry O. Bennett, Individually and as Town Justice of the Town of Phelps, Respondent
[NO NUMBER IN ORIGINAL]
Supreme Court of New York, Ontario County
57 Misc. 2d 838; 293 N.Y.S.2d 685; 1968 N.Y. Misc. LEXIS 1251
August 20, 1968
DISPOSITION: [***1] Respondent is entitled to judgment dismissing the proceeding, without costs.
PROCEDURAL POSTURE: Petitioner motorist instituted a proceeding to prohibit respondent town justice of the peace, individually and in his official capacity, from further acting on a speeding ticket issued to the motorist. The justice had notified the motorist that if the motorist did not appear in his court, he would issue a warrant for the motorist’s arrest.
OVERVIEW: The motorist had been issued a speeding ticket, which directed him to appear before the justice on a certain date. When the motorist arrived to appear, the justice’s court was not in session, and the justice notified the motorist to make arrangements for a time to appear. When the motorist did not do so, the justice notified the motorist that a warrant would issue on a certain date if the motorist did not appear. The motorist then brought the proceeding, contending that the justice’s court lacked jurisdiction to issue a warrant for his arrest. The court dismissed the proceeding, finding that the ticket was of no further significance because it failed to secure the motorist’s voluntary appearance. Assuming that the complaint provided a sufficient basis for the issuance of the warrant, the court found no reason for the justice not to proceed. The court noted that the delivery of the ticket was not an arrest but a notice to the motorist for his appearance so that he could be charged. The ticket did not confer jurisdiction over the person, and the justice’s court could not lose jurisdiction that it had not acquired.
OUTCOME: The court dismissed the proceeding.
(((Comment by Hansen – If there is no ‘sworn complaint’ in the record the administrator lacks evidenced cause to issue a warrant, citations are not a summon by a court, it is a contractual obligation with ‘licensed drivers’. Most acts of operating an automobile is not governed by the state due to activity (for profit), or by territorial jurisdiction (no state owned land involved). Use the administrative process, CLICK SEE > [M1S-65], to evidence this before arraignment is the best avenue to take. )))
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