By Martin Hill
Scott, a friend of mine and insurance salesman from Alta Dena, California and father of three kids, recently called me up and relayed the story of how he was crossing the street in Los Angeles and was given a jaywalking ticket. He protested to the cop that the lighted crosswalk sign (which flashes and counts down the number of seconds you have left) still had 13 seconds on it. The dutiful state servant informed him that if he entered the street after the countdown had already begun, that constitutes jaywalking. Scott is currently fighting the ticket. It's the first ticket he has ever fought, and got a 2 month extension to begin the process.
John Shanahan, PE, licensed engineer member of Architects and Engineers for 9/11 Truth [AE911truth.org] and co-founder of Inland Empire 9/11 Truth, is a Constittuionalist and liberty advocate who recently beat a seat belt ticket in Rancho Cucamonga CA.
When John was pulled over for not wearing his seat belt, he had engaged the officer in a discussion about the 4th Ammendment, privacy concerns and the nanny state in which cops serve as revenue collectors, spending time ticketing people for things that are none of the state's business. The cop defended his position and gave him the ticket.
As you will read below, the cop that ticketed John denied that he even swore an oath to the U.S. Constitution! So after receiving his ticket, John contacted the Sherrif's Dept. and asked them for a copy of the oath that the officers swear to.
I have always shared my stores of traffic court success and highly encouraged friends and coworkers to do the same. So when John got his ticket, he gave me a call. 'How could he not fight this b.s.?', I insisted.
John filed what's called a trial by declaration. The good thing about this is that if you lose, you are entitled to what's called a TRIAL DE NOVO [CVC 40902], in which the first conviction is vacated and you get a trial in person. It is not an appeal, but rather a brand new trial. this is why I always encourage people to do a trial by declaration through the mail first. It's basically like a free shot at winning. My friend Sylvia Smith, former owner of the UPS Store in Upland, had gotten a $600 speeding ticket. I encouraged her to visit HelpIGotATicket.com and told her about my success in using the site. By the way, Geo McCalip does an absolutely great job with his free informational website HelpIGotATicket.com. This is where I learned all this stuff and I cannot praise him enough. He is a true liberty advocate an example for us all. Sylvia filed a trial by declaration and also asked for a BAIL WAIVER ("I can't afford it right now",) which the clerk will usually give you, at least in my town. If the ticketing officer does not submit his TRIAL BY DECLARATION evidence to the court, the case is dismissed. This is what happened with Sylvia. She did not miss one minute off work and didn't spend one dime. The next time I saw her she exuberantly told me of her victory- she had never fought a ticket before. "Now Sylvia, will you ever plead guilty to anything ever again?" I asked. 'HECK NO!' she shouted, giving me a high five. When I do a trial by declaration, I only write the words "I'm not guilty" in the description area. You can include as much or as little as you like, but I figure why show them your full defense ahead of time, in case it goes to an in-person trial. Sylvia had written only the words "Im not guilty" on her form.
In John's case, he atttached the following evidence. His text consisted of the following:
"During the course of our short roadside discussion in the extremely intrustive nature of seat belt citation, it became clear that deputy Fussell was ignorant of his sworn duty to protect "support and defend" the Constitution of the United States. On 6/17/08, I received by email a copy of the oath that is sworn by all members of the S.B. County Sheriff's Police, per Jennifer Hanblin (Public Affairs Division).
The contents of the solemn oath apparently mean so little to Deputy Fussell that he not only never gave any thought to the history and meaning of the U.S. Constitution (especially the 4th Ammendment which applies to my case), but he denied that he ever swore an oath to defend the U.S. Constitution!!! Date: 11/9/08"
Here is a COPY of John's statement [Here is a larger version] which he submitted on 11/4/08. Here is the front page of John's 'TRIAL BY DECLARATION' form that accompanied it.
Here is the
EMAIL FROM SHERRIF'S DEPT. outling the Constitutional oath that every Sherrif takes. Here is an actual copy of the CONSTITUTIONAL OATH they swear to uphold.
Here is the notice from the court stating that the officer did not reply to the challenge, and so the case is dismissed. He didn't pay the $103 dollar ransom they demanded, he never claimed to have worn his seat belt. and he won. Here is a page which includes INSTRUCTIONS FOR THE TRIAL BY DECLARATION..
You may also want to see my previous articles Opposition To Red Light Cameras- A Personal View [8/4/2008] which outlines my opposition to red light camera revenue scams, and a recent article the Press Enterprise Newspaper did on red light camera tickets after they contacted me about my website LibertyFight.com. Also, be sure to read An Easy Way To Beat A Traffic Ticket (Great Preemptive Measure) using the 'County Seat', change of venue measure which is our right under the California Vehicle Code. Also, the great website HighwayRobbery.Net, an invaluable resoruce that I highly recommend, covers the recent victory of a southern california man who beat a red light camera ticket in Superior Court of Appeals because the city that issued the ticket had an illegal contract with the red light camera company.
I will end with this reminder below, a recent article from MSN Money which outlines numerous admissions that traffic tickets are largely for nothing but revenue. A hearty congratulations to John Shanahan for beating his seat belt ticket, and remember folks- if we can't even fight the little petty tyrannies, How can we fight the serious tyranny when the time comes? You're gonna supposedly resist the FEMA Camps, forced innoculations, Military Draft, gun grabs, Civilian Service Corps, property seizures, etc. but can't 'bother' to fight a nonsensical ticket? Heed this adivce, and trust me it will make your day to beat these bastards using their own game against them. FIGHT YOUR TICKETS- EVERY TIME- AND WIN. FIGHT FIGHT FIGHT FIGHT FIGHT. AND WIN. Cost this beast system money. Break it down. And for that one day, drive down the road with the window down, in the sunshine, let out a 'whooo haw'! and smile. For me. ---------------------------------------
Speeding? You'll pay higher 'taxes'
Tickets are often as much about revenue as safety. And now, as a soured economy or other factors further empty coffers, many are turning to law enforcement to serve as part-time tax collectors -- with guns and badges.
Many states and cities no longer even try to hide that fact.
Making up for lost money Cities, counties and other government agencies have found that there's lots of money to be made in stepped-up traffic enforcement: ----A Detroit News analysis last fall found that metro-area police departments had "drastically increased" the number of tickets issued for moving violations as revenue from the state -- in the throes of multiple economic crises -- had declined markedly.