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2 counts of license suspension dismissed.

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2 counts of license suspension dismissed.

Postby wealllbe20 » Mon Apr 14, 2014 3:46 pm

I was pulled over and had 2 counts of license suspension.
1 failure to pay.
1 failure to appear.

long story short both counts dropped.

I tried to pay both but was denied.

This was in Hamilton county Ohio.

Huge ass court system with numerous people who are incompetent and ignorant.
1. I tried to file a Traf.R. 11(A) motion before both of my seatbelt tickets but was denied.
2. Was not told by clerks or anyplace else i called where or how I was supposed to file paperwork.
3. was told i was supposed to hand deliver motion(s)- hand delivered it to the clerk and asked for the criminal or traffic filing window/prosecutor and got a blank stare.
4. On the day of my arraignment for my 3rd seatbelt ticket and 2 counts of dwls I faxed my Traf.R. 11(A), Traf.R. 20 and ORC 2937.04 mtd/demurrer to 5 different fax numbers.

I went up and before I could say anything both dwls counts were dismissed.
I saw my 14 page motion with 11 page appendix in the prosecutors hands.

When I get some free time I will go down there and see if they can find my file to upload everything.
... man's power is evil no matter the noble words with which it is employed or the motives urged when enforcing it .... -Cicero
---
Atheism:
"The belief that logic and the brain deducing the logic is not flawed to the point that one can come to the conclusion/belief that no god exists." -wealllbe20
------
"Do we want to live in a society where we live totally naked in front of government, and they are totally opaque to us?" -Edward Snowden

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Re: 2 counts of license suspension dismissed.

Postby KnowLaw » Mon Apr 14, 2014 7:02 pm

Congrats, wealllbe20. Way to go.
Maxim of law: "The laws sometimes sleep, but never die."

Common Law Remedy To Beat Traffic Tickets (and a whole lot more!)
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Re: 2 counts of license suspension dismissed.

Postby wealllbe20 » Mon Apr 21, 2014 3:51 pm

Thanks guys, I appreciate it.

Took some hard work but it was well worth it!
... man's power is evil no matter the noble words with which it is employed or the motives urged when enforcing it .... -Cicero
---
Atheism:
"The belief that logic and the brain deducing the logic is not flawed to the point that one can come to the conclusion/belief that no god exists." -wealllbe20
------
"Do we want to live in a society where we live totally naked in front of government, and they are totally opaque to us?" -Edward Snowden
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Re: 2 counts of license suspension dismissed.

Postby wealllbe20 » Thu Jul 30, 2015 4:58 pm

All this talk about licensing reminds me.

This is how I beat my charges in Hamilton County.

Little tid-bit of my motion along with many others.

But I think this got their attention.

No Ohio statute or rule permits suspending my license for FTA or pay.

ORC 4510.22(A) Suspension of license for failure to appear or to pay fine.
States:
(A)” If a person who has a current valid Ohio driver's, commercial driver's license, or temporary instruction permit is charged with a violation of any provision in sections...”
I do not and have never had an Ohio driver’s license or commercial driver’s license.

Furthermore.
Traf.R.7 (C) States:
“If defendant fails to appear at the time and place specified on the citation and fails to comply with division (C) of section 2935.26 of the Revised Code, or fails to comply with or satisfy any judgment of the court within the time allowed, the court shall declare the forfeiture of defendant's license. Thirty days after the declaration, the court shall forward a copy of the declaration to the Registrar of Motor Vehicles for cancellation in accordance with division (D) of section 2935.27 of the Revised Code. If defendant deposits a sum of money or other security with the court, the deposit immediately shall be forfeited to the court if he fails to appear or comply with division (C) of section 2935.26 of the Revised Code.”

I cannot be charged twice as I appeared at the time and place specified on the citation.
I also cannot be charged one time as I do not have an Ohio Driver’s License.

ORC 2935.26 (C) States:

(C) In lieu of appearing at the time and place stated in the citation, the offender may, within seven days after the date of issuance of the citation, do either of the following:
(1) Appear in person at the office of the clerk of the court stated in the citation, sign a plea of guilty and a waiver of trial provision that is on the citation, and pay the total amount of the fine and costs;
(2) Sign the guilty plea and waiver of trial provision of the citation, and mail the citation and a check or money order for the total amount of the fine and costs to the office of the clerk of the court stated in the citation.
Remittance by mail of the fine and costs to the office of the clerk of the court stated in the citation constitutes a guilty plea and waiver of trial whether or not the guilty plea and waiver of trial provision of the citation are signed by the defendant.”

ORC 2935.27 (D) States:

“If a person who has a current valid Ohio driver's or commercial driver's license and who was issued a citation fails to appear at the time and place specified on the citation, fails to comply with division (C) of section 2935.26 of the Revised Code, or fails to comply with or satisfy any judgment of the court within the time allowed by the court, the court shall declare the forfeiture of the person's license. Thirty days after the declaration of forfeiture, the court shall enter information relative to the forfeiture on a form approved and furnished by the registrar of motor vehicles, and forward the form to the registrar. The registrar shall suspend the person's driver's or commercial driver's license, send written notification of the suspension to the person at the person's last known address, and order the person to surrender the person's driver's or commercial driver's license to the registrar within forty-eight hours. No valid driver's or commercial driver's license shall be granted to the person until the court having jurisdiction of the offense that led to the forfeiture orders that the forfeiture be terminated.”

I state again I do not have or have had an Ohio Driver’s License.
Since I do not have an Ohio driver’s license I am not subject to ORC 2935.27 (D)

... man's power is evil no matter the noble words with which it is employed or the motives urged when enforcing it .... -Cicero
---
Atheism:
"The belief that logic and the brain deducing the logic is not flawed to the point that one can come to the conclusion/belief that no god exists." -wealllbe20
------
"Do we want to live in a society where we live totally naked in front of government, and they are totally opaque to us?" -Edward Snowden
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Re: 2 counts of license suspension dismissed.

Postby Pumpkin » Thu Jul 30, 2015 9:02 pm

:lol: I bet they hate that too.
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Re: 2 counts of license suspension dismissed.

Postby heyday » Wed Aug 19, 2015 10:22 pm

Sometimes a very close look at the statutes will reveal that notification to the Department of Public Safety by the court clerk is not authorized where the ticket alleges other than a moving traffic violation.
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Re: 2 counts of license suspension dismissed.

Postby country_hick » Wed Mar 29, 2017 9:30 am

Weallbe shared a link to the court website showing the actual court case summary for his case with me. I can confirm that the court did actually dismiss 2 charges.

Respecting his desire for anonymity I will sanitize the court case summary by removing unnecessary details.

Count A: DRIVING UNDER SUSPENSION/VIOLATON RESTRICTION
Disposition: (date) - CHARGE DISMISSED
Count B: DRIVING UNDER SUSPENSION/VIOLATON RESTRICTION
Disposition: (DATE) - CHARGE DISMISSED

The win is real. I have seen proof of it.
There is a reason that LEO has a new meaning: Legally Entitled to Oppress. Thanks to Bob Livingston for this one.

Williams v. United States, 341 US 97 - Supreme Court 1951
It is the right of the accused to be tried by a legally constituted court, not by a kangaroo court.

Penhallow v. Doane's Administrators, 3 US 54 - Supreme Court 1795
Judges may die, and courts be at an end; but justice still lives, and, though she may sleep for a while, will eventually awake, and must be satisfied

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Re: 2 counts of license suspension dismissed.

Postby wealllbe20 » Thu Apr 06, 2017 12:49 am

Thanks country_hick,

Now you know what a real win looks like.
While the law helped me here and I showed everybody the specific statutes that deemed my license suspension counts as dismissed.
The real way to attack a license suspension for failure to pay in all 50 states is by researching bill of attainder's.

Here, I fully believe the court purposefully did this to exact more $$ from me.
But I am getting smarter :)
... man's power is evil no matter the noble words with which it is employed or the motives urged when enforcing it .... -Cicero
---
Atheism:
"The belief that logic and the brain deducing the logic is not flawed to the point that one can come to the conclusion/belief that no god exists." -wealllbe20
------
"Do we want to live in a society where we live totally naked in front of government, and they are totally opaque to us?" -Edward Snowden
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