So I have an update. Back in Sept I was pulled over for allegedly exceeding the maximum posted speed limit. I informed the officer that I was operating in my private capacity reserving my rights and I did not consent to contract with him. I did not produce a state issued license, reg. or insuranc - as private people are not required to have those things to operate their private property on the public roads. I wrote to the prosecutor informing him of the mistake made by the officer and requiring his help in correcting the error. He eventually dishonored my private process and attempt to settle the matter privately. I filed notices into the court record as to my reservation of rights, special appearance, use of a court reporter and/or electronic recording devices and challenge to jurisdiction - as well as an affidavit documenting the complete record of communication with the prosecutor. Pleaday, as they call it came - I reserved my rights and noticed the court verbally of my special appearance, presented myself to speak with the judge and entered no plea because they had no charges before the court ( literally no charges listed on the charging instrument ) they cant assign charges until they have jurisdiction and I wasnt giving it to them. So the Magistrate tried to enter a plea for me of not guilty and I objected and asked for his written authority signed by me authorizing him to administrate for i, or my property. He ignored me and ordered me to step away. We left, got the transcript in the works from the stenographer and sent the magistrate a Writ of Quo Warranto - which is a common law remedy by which the people can hold their public officials accountable for their over-reach of authority. He dishonored it twice. We also presented the prosecutor with an invoice for my time ( which he tacitly agreed to in my private presentments ) if he forced me to be at court to deal with this issue. He accepted it AND the one we sent him the next day by Cert.Mail. He is in default on that. The trial was set ( after they tried to usurp jurisdiction ) for this Wed. and so we filed a claim in the Circuit Court ( common law, court of record ) against the prosecutor and magistrate for trespass against one of the people, challenging the jurisdiction. So that puts the brakes on the action in Muni-court for now. That gives me time to follow up with the prosecutor and magistrate on their breach of fiduciary duty, and ethics violations. Going MOnday to put a copy of the file stamped claim from Circuit Court into the Muni-court record and then enjoy seeing them on Wed when they realize that they cant do anything and when they find out that Ive noticed the mayor and city council about their naughty behavior and potential liability for the city. - Brian Armstrong
Posted on: Mon, 08 Dec 2014 09:46:59 +0000
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