Traffic Tickets And How To Fight Them

Every traffic court and thus all moving violations bogus. Traffic tickets have nothing to do with justice. It is completely about the traffic court taking your money. The main interaction most men and women have with local government is with the traffic court. You know people who get ticketed. You also know that no one likes the experience.

In order to collect money quicker the court plays a mind game. They set the traffic ticket fine at the price people will pay buy not fight. They set the amount of the fine low enough for people to pay buy not high enough that people will consider taking time from work or school or family to go to court and fight. This is a public relations ploy played by the court that simply hopes people will pay and not bother them.

But the system would collapse if all people would fight the tickets. Or else the court would simply lower the fines until they came to a happy medium where men and women would just pay the traffic fine. But if you examine carefully, all traffic tickets lack validity because the court does not have standing. The traffic court does not have subject matter jurisdiction.

It does not matter the charge against you if the court cannot prove standing. This is a very huge issue and one of the methods to fight a traffic ticket. Realize that a ticket is not a cause of action in the specific legal sense. You must realize that government is created to defend individual rights. Courts, a part of government, are there to defend and maintain the rights of individuals. Thus protecting the rights of individuals is the bases for the court’s jurisdiction.

There has to be a plaintiff alleging a legal right violation for an American court to have standing. The court does not like hearing this in a traffic ticket proceeding of course. The traffic court has to demonstrate the plaintiff has suffered injury. Can the cop who issued the ticket demonstrate personal injury. No. Does the prosecuting attorney demonstrate personal injury suffered by the so called plaintiff? No.

Subject matter jurisdiction must be based on the violation of the right of an individual. Because there is no personal injury the traffic ticket has no validity. Also, another way to fight a traffic ticket is to question the credibility of the witness. This is called impeachment of the witness.

Impeach is to show that the witness testimony is inadmissible as evidence due to lack of credibility. You need to ask simply two questions. You hand the police officer on the witness stand a copy of the ticket. You ask the police officer if he filed a valid cause of action against you. He will answer yes because without a valid cause of action the case has to be thrown out of court.

Then your next question is how many elements are there in a valid cause of action. The prosecution will object to the question saying the witness is not qualified to answer the question. The judge will sustain the objection and you will have shown the witness is not qualified to testify. You will not always have the ticket thrown out of court but this is one way to fight traffic tickets.

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Adriana Noton




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