PayDay
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- Joined
- Nov 15, 2011
- Posts
- 6,872
My next court date came up as 1/23/2013, with a different Judge (the one who is actually listed as the judge on the Official Legal Notice). So I got to court, with my signed certified mail receipt. Again, I go into the little soundproof room to talk to the prosecutor. I sit and I wait, he asks me what I am there for. So I remind him of the situation, and tell him I mailed the Motion. He replies "I didn't receive it." It had arrived on 12/27/2012.
When I showed him the USPS cert mail receipt though, he said: "I'll take a look."
So while waiting in the courtroom, I study the officers, they seem like nice guys, but I notice the one who issued me fines is not present, nor was he present last time. This doesn't matter, as they can always call him in, but since my complaint is jurisdictional and constitutional, it still did not matter.
The judge calls me up, and since the prosecutor had not read the Motion, I figure another postponement is in order. I explain to the judge what had happened, and how my Motion had not been looked at. Instead the Judge tells me that he "wants to deal with this today." I reply with a thank you and sit back down, and wait.
When I am called back up, the Judge asks me to state my case. I do. He then says my Motion is denied. I tell him that he hasn't even read it, nor has the prosecutor, at which point someone comes in and hands him some paper that 'looks' like the packet I sent to the prosecutor.
He says "I see no information here that shows what you are saying." So I begin to state the laws/statutes/NJAC codes and what they entail, and direct him to the Department of Transportation of the State of NJ website printing showing the road has been exempted from municipal control and is now the property of the state and listed as a 65mph speed zone. I did this in front of a half filled courtroom.
The judge, in turn, replies that police officers have Jurisdiction across the entire state. I in turn reply: "Based on what law?" He says he cannot remember, but that he's denying my Motion based on that principle.
The next thing I know - before I can retort with "Is that legal?" - the prosecutor is whispering in the judge's ear. As soon as he is finished, the judge states: "The officer is not present in court today, we'll postpone so that we can bring him in."
Perturbed was my state, but I held my calm and looked at every officer in the building as I left the court.
Another part, labeled as part 3, ends on 3/21/2013.
So my next court date came in the mail as 3/27/2013, same judge as last time. Two months later? So I attend court again, in spite of my physical state (read part 3). The first thing I do is go into the prosecutor's little soundproof room. I ask him if he read the motion for dismissal yet, to which he just laughs and says that I am having a trial. I tell him that's not legal, and that "It's a shame I have more knowledge of this and that I have to inform you of the law." He just laughs and tells me to go and have a seat in the courtroom. (It's not like I can leave.)
I 'accepted' the situation and I still have multiple grounds for dismissal, so I sit in court and wait. I was one of the first people there, yet I was the absolute last person left in the courtroom. (I was also yelled at and disregarded by the public defender (this is saying it nicely)). By this I mean that every other case was done with before they brought me before the judge. It was myself, the prosecutor, the public defender (whom I will not employ), and eight or so police officers.
They proceeded to start the trial, and not only that, an officer who has been in court the other two times I was there suddenly became the officer who issued the summons. He is not the officer who issued the summons. Not to mention, why would they have to wait until the officer was in court if that officer was in court the last time?
Minor details, which do not matter to the overall situation, as my guilt is irrelevant in a jurisdictional and constitutional dismissal. Once again the Judge ignores my constant raising of NJAC 39.4-98.4, the rules of Authority, and the fact that municipalities had to give up jurisdiction of the road in order for it to become a 65 mph Zone in the first place.
In fact, it's was as if I was not speaking. It was at this point that the prosecutor attempted to force discovery and a trial, neither of which I had requested or expected, upon me.
I had to stop this situation before I was charged with contempt (or shot by someone), so I tell the judge I wish to file official discovery against the municipality via the prosecutor's office. The judge, honorably and thankfully, adhered to the rule of Law and permitted me to file Discovery within twenty days (per NJ court rules), and ended court for the day.
After the microphones were off, the prosecutor once again attempted to force his discovery upon me. I told him at least four times that I did not want it (and just as many times on the court record), and that I was sending my discovery to the court clerk, asking him if that was correct. He replied "Yes, send it to the court," and then he said to take the information he had anyway, and that he would take my Discovery when he received it.
I left the courtroom, and I immediately filed my discovery via Certified USPS mail, and I wrote the Governor of my state, via Certified USPS mail.
When I showed him the USPS cert mail receipt though, he said: "I'll take a look."
So while waiting in the courtroom, I study the officers, they seem like nice guys, but I notice the one who issued me fines is not present, nor was he present last time. This doesn't matter, as they can always call him in, but since my complaint is jurisdictional and constitutional, it still did not matter.
The judge calls me up, and since the prosecutor had not read the Motion, I figure another postponement is in order. I explain to the judge what had happened, and how my Motion had not been looked at. Instead the Judge tells me that he "wants to deal with this today." I reply with a thank you and sit back down, and wait.
When I am called back up, the Judge asks me to state my case. I do. He then says my Motion is denied. I tell him that he hasn't even read it, nor has the prosecutor, at which point someone comes in and hands him some paper that 'looks' like the packet I sent to the prosecutor.
He says "I see no information here that shows what you are saying." So I begin to state the laws/statutes/NJAC codes and what they entail, and direct him to the Department of Transportation of the State of NJ website printing showing the road has been exempted from municipal control and is now the property of the state and listed as a 65mph speed zone. I did this in front of a half filled courtroom.
The judge, in turn, replies that police officers have Jurisdiction across the entire state. I in turn reply: "Based on what law?" He says he cannot remember, but that he's denying my Motion based on that principle.
The next thing I know - before I can retort with "Is that legal?" - the prosecutor is whispering in the judge's ear. As soon as he is finished, the judge states: "The officer is not present in court today, we'll postpone so that we can bring him in."
Perturbed was my state, but I held my calm and looked at every officer in the building as I left the court.
Another part, labeled as part 3, ends on 3/21/2013.
So my next court date came in the mail as 3/27/2013, same judge as last time. Two months later? So I attend court again, in spite of my physical state (read part 3). The first thing I do is go into the prosecutor's little soundproof room. I ask him if he read the motion for dismissal yet, to which he just laughs and says that I am having a trial. I tell him that's not legal, and that "It's a shame I have more knowledge of this and that I have to inform you of the law." He just laughs and tells me to go and have a seat in the courtroom. (It's not like I can leave.)
I 'accepted' the situation and I still have multiple grounds for dismissal, so I sit in court and wait. I was one of the first people there, yet I was the absolute last person left in the courtroom. (I was also yelled at and disregarded by the public defender (this is saying it nicely)). By this I mean that every other case was done with before they brought me before the judge. It was myself, the prosecutor, the public defender (whom I will not employ), and eight or so police officers.
They proceeded to start the trial, and not only that, an officer who has been in court the other two times I was there suddenly became the officer who issued the summons. He is not the officer who issued the summons. Not to mention, why would they have to wait until the officer was in court if that officer was in court the last time?
Minor details, which do not matter to the overall situation, as my guilt is irrelevant in a jurisdictional and constitutional dismissal. Once again the Judge ignores my constant raising of NJAC 39.4-98.4, the rules of Authority, and the fact that municipalities had to give up jurisdiction of the road in order for it to become a 65 mph Zone in the first place.
In fact, it's was as if I was not speaking. It was at this point that the prosecutor attempted to force discovery and a trial, neither of which I had requested or expected, upon me.
I had to stop this situation before I was charged with contempt (or shot by someone), so I tell the judge I wish to file official discovery against the municipality via the prosecutor's office. The judge, honorably and thankfully, adhered to the rule of Law and permitted me to file Discovery within twenty days (per NJ court rules), and ended court for the day.
After the microphones were off, the prosecutor once again attempted to force his discovery upon me. I told him at least four times that I did not want it (and just as many times on the court record), and that I was sending my discovery to the court clerk, asking him if that was correct. He replied "Yes, send it to the court," and then he said to take the information he had anyway, and that he would take my Discovery when he received it.
I left the courtroom, and I immediately filed my discovery via Certified USPS mail, and I wrote the Governor of my state, via Certified USPS mail.