Monday, February 28, 2011

How to Properly Fight Parking Ticket in Los Angeles and Other Places

I thought this was interesting about not understanding. Half the time I feel like I don't understand and I'm in the dark lol!

How to Properly Fight a Parking Ticket in Los Angeles

(and Most Other Places)

The Affable Dr. Stones

Ok, the title is a little off, I know. You can't fight a ticket and win in LA unless you have an angle. There are stories of people doing it, whispered rumors, like those of Bigfoot and Aliens. The reason there is


so much confusion is because people are not educated on the law... or rather, the statutes and how they work. I am not a lawyer. This is not legal advice. This is advice on avoiding legal issues.

That is the big misconception; that you can fight a ticket in court and win. We don't realize that once we are in the adversarial system we are at the mercy of the court. We may win and we may not but the decision is random at best. The key to actually getting out of a ticket is to know what they are. I am not a lawyer but I have fought and won tickets using the law with out a lawyer. Every person should have a copy of Black's Law 1st edition or Bouvier's.

All nations of laws are grown from either English law or Napoleonic law. Every state in America but Louisiana (they use Napoleonic,) uses English law, hence the requirement to pass the BAR. BAR stands for British Accreditation Regency. All lawyers have asked the Crown of England for permission to practice law in America and this is why they are able to add Esquire to their names. In spite of the conspiracy aspects of these facts, you can glean a lot of information by looking at other legal systems like Canada, Australia, and England. The legal foundations I use are from a movement based in Canada, Australia, and America.

I understand that all the lawyers out there are going to tell me I am wrong and that I won't win in court but for the rest of us, it is important to note that they only get paid if we go to court. So it is in their best interest to get us into the court room. This advice is designed to keep us OUT of the courtroom.

If you have made it to court then your odds of winning are much less. If you follow all of the steps required BEFORE you get to court, then you should have an iron clad case, but your biggest weapon is knowledge. You need to understand the weapons they are using against you, weapons that are designed to dismember your wallet and leave its innards all over for them to clean up.
Notice.

Have you ever gotten a ticket? Have you actually read it? I did and this is what I noticed: it is not a ticket. It actually says, right at the top, "NOTICE of violation." This is a big clue as of what to do in


 order to avoid the hefty fees they may try to impose on us. There is a legal definition of a notice and you must meet these simple minimum requirements to avoid being raked. This is how you do it.

The way the ticket system works, minus the Law Enforcement Officer and the Person, is, well... underhanded. They are using words against us and hoping that we are all too dumb to figure it out. They have redefined words that we all thought we knew and because we don't question them, they just keep doing it.

You must respond to the notice and tell them that you HAVE noticed it. This will encourage them to send you another Notice. You must respond to it as well. This may go on for ten years or a month. It is up to them. Finally, they will send you a Remittance. The definition of a Remittance is: value. What this means is, they are asking you to accept that the paper they have sent you has a value of what ever is written on it. It will look something like this: [FINAL REMITTANCE! Please send your remittance of $271.00 to the address below...] they are asking you to send them a processing fee for doing paper work that they created. It sounds complicated but it really isn't. It also sounds illegal, and it is.

Since you know that the definition of Remittance is Value, you must cross out the word Remittance and write "accepted as value" and send it back to them. It is best when you walk in and tell them that they have written remittance and then tell them their mistake. They will take it to their lawyers who will quickly figure out what is going on and tell their clerks that it is a typo and to get rid of it as soon as possible.

Court
If for some reason you make it to court. The judge and the Police are both working for the same boss. So are all the lawyers, clerks, bailiffs, and notaries. What they don't tell you, is that the Judge HAS to follow


 the law while the Police rarely even know what the laws are. This is important because an officer may tell you to do something that violates your right not to... especially when it comes to tickets.

The court system will be working with business law in all matters of tickets. They will assume you are a business (unless you explain that you are not) and are doing business with the Police. This is called contract law and it is exactly how the ticketing system is designed.

They will ask you for your Social Security Number which proves you are, in fact, a business, so arguing whether or not you are a business is pointless.

Since it is contract law designed only for companies and corporations, the judge's goal is to find out who is in dishonor. When he figures this out, he will award the judgment to the winner (this leads to a whole other subject I will leave for later.) The key to winning is to make sure you have not dishonored the ticket. But how do you do that?

Honor.

The way honor works is a bit complicated. A hundred years ago everyone from the poorest to the richest knew how honor worked but today no one does. If you get a Notice, you must notice it, or you are in dishonor. If you get a message, you must respond to it, or you are in dishonor. If you can prove to the judge that you responded to every notice they sent you, he will have to see that you were working with them to provide Remedy. So long as you were working with them, to provide remedy, he can not pass judgment against you.

Other Issues.

Ignorance of a law is no excuse but being ignorant is. If that statement doesn't make sense to you then let me explain it another way. If you are mentally unsound and can't distinguish reality from fantasy you can't be held liable for your crimes. This is called the insanity defense. It works because you can not be held liable for something you don't understand.

While in court, I had the unique opportunity to test this theory. The judge read the law (legal statute) to me and asked me if I understood it. I didn't and I told him that I didn't. He read it to me again and


 then stared at me and waited. I told him that I still didn't understand it. All laws must be understandable to a person with common intelligence or they have no legal standing. He then asked me if I was mentally deficient. I told him that I wasn't but if he could define driving (one of the words in the law he read me) I might understand it. He had no choice but to dismiss the case because the definition would have proven I was not driving and there for was not subject to the law (legal statute.)

The people in the legal society have their own language. They have redefined words that we all thought we knew. This is why you need a law dictionary to understand common words.

People do not drive cars. The legal definition of driving is to conduct business from a motor vehicle. The legal definition of a passenger is someone who is doing business with you while you drive, such as in a taxi cab. As free people we do not drive, we travel. We do not have passengers, we have friends and guests.

Laws were written knowing these definitions and they have been twisted and abused in order to take our money. They have no other purpose. It is a business. There is no point in getting mad at the judge or the officer because they are just conducting business but more then that, being nice to the officer and judges will get you further.

The big picture.

You may not have success every time you try to employ this method. You should but it may not always happen. There are judges who will write the law as they go, making it up to suit them selves. You may also find that you are going to be spending a lot of time in places you would rather not be. If you would rather be six feet under than standing in front of a judge, then let someone else do it. If you would rather be one of the free Americans who actively participates in our Republic, then you must do this. The muscles we don't use atrophy so think of this as a workout for your legal system.

"In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot." ~Samuel Clemens

RESOURCE
http://www.associatedcontent.com/article/725673/how_to_properly_fight_a_parking_ticket_pg4.html?cat=17

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