Traffic Tickets And How To Win In Court
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 facilitate the taking of money the traffic court sets the fine at a price so that people will not consider it worth their time and effort to fight the ticket. They want people to believe it is easier to simply pay the ticket. Most people will not want to take time off from work, the court hopes, to fight a one hundred dollar charge. Here is a mind game the court plays. It has all to do with public relations. The court simply wants people to pay the fine.
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.
So a plaintiff to have standing in an American court has to allege the violation of a legal right. Of course they do not like to hear this in a traffic court. The court must show personal injury by the plaintiff. So is the police officer who issued the ticket showing personal injury? Does the prosecutor show personal injury of the so called plaintiff? No.
Subject matter jurisdiction is based on the violation of an individual right and since there is no personal injury, so you can see there is no validity to any of these traffic tickets. One way you can also win a traffic ticket is to impeach the witness which is the police officer.
You impeach a witness to show the lack of credibility of the witness which makes that testimony inadmissible. You only have to ask two questions of the witness. You ask the officer if he filed a valid cause of action against you. He or she will answer in the affirmative because a negative response means the case had to be tossed out of court.
Your next question is to ask how many elements are there in a valid cause of action. The prosecution objects because the officer is not qualified to answer your question. The court will allow the prosecution’s objection and then you have shown that the officer is not qualified to answer your question. Perhaps in all cases you will not win with this tactic but is is one way you can fight your traffic ticket.
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