Archive for November, 2010

Attached is an email from a very inspiring student of ours, and as all emails are, you need to go in reverse or read from the bottom up as each subsequent answer is placed on top. I have decided to start doing this so I can catalog our answers to students and others can learn from these interactions with court and solutions. It is always a moving target with tactics and answers changing in response to how the court reacts to each student.

In this one, Keegan (I have removed his last name and portions of his email and phone for privacy) gave us permission to use his activity and he even posted it on YouTube.  Although for privacy I did this, I will give his link to the YouTube as he wanted to pass this on for others to follow.  His emails are in black writing, our response is anything in red.

From: Keegan **** [mailto:keegan****@*****.com]
Sent: Sunday, November 21, 2010 11:15 AM
To: Service@caticketbusters.com
Subject: Re: Broken Links in CATicketBusters-Answers to your questions

Hi Louis,

Here is a link to a recording I made of my court appearance this past Thursday. http://www.youtube.com/watch?v=HFjBE8RtIqo

There’s a brief intro, and then the recording begins.  I did my best to edit the sound.  I had the mic hidden inside my coat so it scratches when I move, but hopefully you can understand it.

FYI, the part where she (the commissioner, who is new as of Sep 2010 by the way), finishes reading my charges and then mentioning the motions I’d filed, she basically motioned with her hands and expressed with her face, “OK, um, don’t know what to do with you, and said ‘You’ve filed some motions… so go ahead’”.  Looking back, it was quite comical, and pretty cool that I was the only one she never asked “How do you plea” since I had filed with Notarized Affidavit the day prior Removal of Court Entered Plea PC 1018.  

She was very respectful, and kind even.  She did all kinds of “favors” that day, reducing $600 fines all the way down to $300 at times.  ;)

I am amazed that she said on the record “I’ll ask the District Attorney to file a Complaint and I think he will based on the charges” (paraphrased).

This is where California Rules of Court 4.110 applies right? They have 15 days to file the Verified Complaint, and I’m coming back 28 days from this past Thursday, so unless they file before the 15 day mark, they’re outside of Due Process right? Or at least their own rules anyway?  

I imagine the Commissioner will say that this is not a criminal proceeding.

I held off on entering the Demurrer to “Notice to Appear” since she said she’d ask the DA to file a complaint.

Lastly, if you wanted to use my YouTube video on CAticketbusters, it’s in public domain, and I’d be fine with that.

I want this case dismissed!  Thanks for your help.

Keegan ****

Keegan;

The request should have been in writing and filed in court. It is OK, she said she would have the DA produce one. It is OK that the DA will NOT give you a verified complaint (they can’t- they missed time frames, etc).

Your next step is to file a demur to the complaint when you go back to court.

Save your request for additional time to plea (or discovery-or talk to counsel) until you need it. When you file the demur, she will probably deny it on the spot or again tell the DA to answer it.

Go!

Louis

From: Keegan **** [mailto:keegan****@gmail.com]
Sent: Sunday, November 21, 2010 1:03 PM
To: Service@caticketbusters.com
Subject: Re: Broken Links in CATicketBusters-Answers to your questions

One more thing.

I submitted the request for Verified Complaint via certified mail, with signature proof, but without Notarized Affidavit.  The court accepted it into the case, levitra pharmacy and as I mentioned, and as the Commissioner stated, she’d request the DA produce a complaint.  I noticed she neglected to say “verified” in front of complaint.

Should I submit again with a Notarized Affidavit attached, so they can’t falsify response?

If they do produce a Verified Complaint (first time in history in traffic infractions no?), I will request additional time to enter a plea.

Thoughts.

Keegan

On Wed, Nov 17, 2010 at 11:00 AM, Keegan **** <keegan****@gmail.com> wrote:

Hi Louis,

THANKS FOR TAKING THE TIME TO HELP!

One broken link is the Demurrer to the NTA.  It says “link appears to be broken” in Chrome and Firefox.

Motion and Declaration to Vacate Judgment is also broken.

You should check all the links on this page.  If it works on your computer, perhaps it’s because they’re stored on your computer. If you delete them, or rename them, maybe clear your cookies and cache, then you should see they’re broken links.  Or just use a computer that hasn’t already downloaded them.

Bummer, I need the Demur to the NTA today. I have to file with the clerk today, and show tomorrow.  I think I’ll just Motion to Dismiss and Probable Cause….

Also, I’ll get them all Notarized.

Thanks again.  

Keegan ****

***-699-****

On Tue, Nov 16, 2010 at 4:09 PM, <Service@caticketbusters.com> wrote:

Keegan;

 Below is a case that I was just sent, I am passing it on just for additional educational benefits. (I do this for others and you just happened to start!)

Please review my answers below in your questions in the body of the email.

 http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=355&invol=41

 Conley v Gibson U.S. Supreme Court (1957) on making a Sufficient Statement of Facts:  A rule 12 (b) for dismissal of a Title 42; Section 1983, action cannot be granted to a defendant(s) if you follow what is stated in this case.

 This is the benchmark case here guys & gals for the Fed Rule 12 (b) motion to dismiss.  Please Read.

 Don’t forget:

 Always ATTACH a Notarized Affdavit to your VERIFIED complaint as to the truth of FACTS stated in ALL your pleadings from now on! 

 REGARDLESS of what it is.

 When you do this, they (your) defendant) must do the same.  If they FALISFY their answer in any way to do the same, you prevail and they (your opponet)  is/are on the hook, NOT you.

 Verified means supported by a SEPARATE AFFIDVIT (attached) as to the truth of the matters set forth in the complaint. (2A C.J.S. fn 9.).

 From: Keegan ****
Sent: Sunday, November 14, 2010 12:26 AM
To: service@caticketbusters.com
Subject: Broken Links in CATicketBusters

 Hi,

 I am finding your course to be extremely enlightening, empowering, and I’m enjoying this very much :)

 I wanted to bring it to you attention that there are a few broken links within the Resources section.

 Also, I wanted to ask for verification of the process I’ve taken.

 Step 1: I requested an extension with the clerk. GOOD

Step 2: The same day the extension was given, I sent via Certified Mail (with receipt of delivery sent back to me), the Verified Complaint Demand on pleading paper.  I did this to enter into the record and “serve the court” in an appropriate way, rather than trying to serve it across the bench, which they could deny. IN FUTURE, SERVE OVER BENCH OR WITH CLERK, WE WANT A COURT STAMP.

 I’m breaking this one down into small items:

Step 3: The court responded with PLEA AND NOTICE OF COURT TRIAL (CVC 40519), in writing with a Trial Date (the officer to be present), said the NTA counts as a complaint in lieu of a Verified Complaint. Look up demur in the Resourses section, you will need to file this (it is a challenge to the NTA). 

 A Not Guilty plea is entered (You will need to file a PC1018 removal of court entered plea-so you are back to normal when you go to court and not under their Jurisdiction),

 I waive time, and they cited CVC 40513(a) (and neglected b and c of course). So remember (look up 40513), when was it filed with the Magistrate? (remember a Commissioner is NOT a Magistrate (see PC 808) Also it says that the defendant MAY plead, not that you have to. Also that a Defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written NTA. Question is: did you give them an agreement in writing?

  I will adhere to section (b), and not agree to the NTA being a Verified Complaint as you mentioned in your video.  There is a place for my address, date, signature, and phone.  WHAT A RACKET! It’s everything I won’t do!  Like I’m going to sign and enter into contract with them!

GOOD YOUR GETTING THIS

 So to recap, we want the following motions filed: All under the resources tab.

 Written Request for verified complaint

Demur against the NTA

Removal of Court Entered Plea (PC 1018)

 You will frustrate them (sometimes they just don’t listen as you are quoting the penal code to them and they don’t want to hear it or they think they know it.)

Remember, it is important to get all this in for the record, so if they kangaroo court you, you can beat them on appeal. It is for the record we want all of this. Whenever you THINK something is wrong, object for the record. Even if you don’t know why. Don’t hesitate to ask for dismissal also and they have to rule on your requests. Remember this if for the record. Remember, no emotions or anger, just a person standing up for their rights and asking questions of how they can do this if the penal code says different. (They tell me you can quote the penal code incorrectly-of course)

 So, it is important to file 5 days before your court date (even though most can be ((especially the demur PC 1002-1006 states over the bench in open court at time of arraignment)), because I can see the Officer in court and they will just try and hold a trial. When that happens, object-for your due process rights. It will be denied. Then let them proceed, the judge will ask the officer what happened, and then he will turn to you and ask for your side of the story. Just say you are not here to try when you have not been properly charged. Then state or show him the court entered plea removal and that you want to file the demur.

 

If the judge is not listening to you, for the record, tell him you want to file a Peremptory Challenge PC 170.6, which means you feel he is prejudicial to you and that you want a new Commissioner.

 Let me know what happens after that and I will attempt to help you. Lastly, we can’t find any broken links. Can you help us out with where they were.

  The court date, which I think requires my signature to be valid, is Dec 16th.  I think I should appear (as I planned) next week, and request in person the Verified Complaint, thereby initiating the 15-day time limit for the Court to produce a true Verified Complaint.  Then, depending on what they do, I’ll show up after the 15 days, and request dismissal based on lack of prosecution (and cites California Rules of Court 4.110 I think).

 Lastly, I’m an internet marketer, and would like to promote this Clickbank product, but I need all the Resource links to be fixed before doing so.  I will also be documenting everything to use as testimony to the “awesomeness” of this system/methodology.  Can I have a video camera and audio record the hearing?  Or just record the hearing?  Should I hide it?  Should I let them know? The CRC (California Rules of Court) say you can record for your own records and notes only, but you must get the judge’s permission first. Is your court minutes recorded by the court? Sometimes they are and you can buy them, that is the best record. I personally have and HIDE a digital recorder when I appear on the bench.

 Thanks for your time.

Keegan H***

 I will always follow privacy and confidentially unless you give us permission.

So if you use ‘the system against itself’ and want to share your victory or experience, you can email or send us a short video clip to service@caticketbusters.com and we will post it on our blog!

We don’t spam, sell, market or betray your email address with anyone. If you send us your testimonial by email, we will remove part of the email address so it is not out in the public.

I personally have used this on several Speeding tickets in California  and traffic tickets, cell phone tickets, commuter lane tickets, red light tickets,
red light camera tickets and seat belt tickets to tie them up and use their own rules of court against them. Remember,  it  works for all California infractions, 
to have them treated for our purposes, to hold them to the Misdemeanor laws and rules of court!

Ronald Cupp PHD

I received an email from one of our friends (Damon who beat his ticket from the skate park and gave us a testimonial-http://blog.caticketbusters.com/skate-park-and-drunk-in-public-testimonials/). He has been helping one of his friends, Valerie who got a seat belt ticket and proof of insurance fix it ticket.  This is the 3rd appearance for her, I think, and we still have not plead and have filed a Demur, AND the Assistant District Attorney has actually filed a response to our demur. Never has anybody gone this far to fight it. We must be making ground. They also caught him recording the proceedings, and DID NOT LIKE THIS ONE BIT! Spanked him for it, took his phone and erased his recordings. Now, does that sound like someone has something to hide?

This is the email from Damon to me!

So they confiscated my phone today when they noticed I was recording.  The bailiff had his cockles up and feathers ruffled, it was quite amusing.  He threatened to haul me off and lock me up, that no recordings were allowed.  When I asked if this was a court of record and reported that Marin County records audio, he said he didn’t care, this is how they do it here.  Meanwhile, BONILLA took a recess and the whole court stopped while the bailiff took me outside for the tongue lashing/finger pointing session.  He was very stern and his thick mustache wide.

When he was giving my phone back to me (I had to return at noon to collect it) he asked me how many recordings I’d made, to which I answered one, today, and he told me I’d made three (he missed another half dozen of KLINGLER and DENNARD), and that they had my name on file and if I ever got caught again they would prosecute, but today the Commissioner didn’t want to press charges.  I noticed he had erased all the recordings I made of the BORTON case from my phone, so here goes BONILLA’s replies from memory:

Motion to dismiss denied because subject matter jurisdiction retained because she holds that the NTA is a VC.  She said “I know we disagree on this” and went on to explain that everyone would get through if she caved on this issue.

The Commissioner went on to enter a plea, to which Ms. BORTON objected, to which BONILLA said she was going to do it anyway, that she would only be infringing on people’s rights if it was a GUILTY plea!  This was another point where BONILLA said if she let people not plea nothing would get done and they’d have to let everybody off.

She wouldn’t accept todays Motion to Dismiss based on 5 points including Speedy Trial violation saying that we’d already served the motion to dismiss, and that serving a new motion didn’t allow the DA time to respond.  About the Speedy Trial levitra cheap violation, she said if we didn’t keep filing voluminous pleadings it would have been settled long ago, even though Ms. BORTON told her about the 45 days from the date of citation.

Deputy DA Law Clerk Andrew was asked several times if he had anything to say, but he only objected to the use of KLINGLER’s exhibit, which the Commissioner also denied, saying it was in the public record and hadn’t been ruled on, so it had no bearing, relevance, or weight.

Basically she denied everything,  upheld the NTA and continued for Dec 23rd WHEN THE COP WOULD SHOW UP (they made sure to check the calendar).  Still no city atty.

Thanks for the message the other day Paul, that was an interesting remark on making them “bring into court the unrevealed contract existing between THE PEOPLE and municipal corporation showing where they were given authority”

Ron: Can we get some help?  Paul needs the transcripts from todays appearance: Case No. SRO###### because there were several places she tripped over herself and they will be valuable in the appeal.

I copied this so everyone can learn as we go, without giving up the peoples privacy. This is an ongoing saga and I will post you on this on our next update adventure!

I personally have used this on several Traffic tickets in California including speeding tickets, cell phone tickets, commuter lane tickets, red light tickets,
red light camera tickets and seat belt tickets to tie them up and use their own rules of court against them. Remember,  it  works for all California infractions,
to have them treated for our purposes, to hold them to the Misdemeanor laws and rules of court!

Ronald Cupp PHD

Nov
12

Cell Phone Ticket, Busted!

Posted by: Ronald Cupp PHD | Comments (0)

Meet Miss Tina Bean of Windsor (it’s what I call her). She is a caterer, bartender and cleans up for a living. A friend of a friend.  You can see her at https://tinahilt.wordpress.com . She got her cell phone ticket in Windsor I believe. She’s not the quiet shy type of gal, she says what is on her mind. Short and sweet, she was out in three appearances. Bust that Ticket! Miss Tina Bean.

So if  you use ‘the system against itself’ and want to share your victory or experience, you can email or send us a short video clip to service@caticketbusters.com and we will post it on our blog!

We don’t spam, sell, market or betray your email address with anyone. If you send us your testimonial by email, we will remove part of the email address so it is not out in the public.

I personally have used this cheap levitra on several Traffic tickets in California  including speeding tickets, cell phone tickets, commuter lane tickets, red light tickets,
red light camera tickets and seat belt tickets to tie them up and use their own rules of court against them. Remember,  it  works for all California infractions, 
to have them treated for our purposes, to hold them to the Misdemeanor laws and rules of court!

Ronald Cupp PHD

Meet Damien,

Damien did his testimonial on his own, at his house with his own computer. (now I’m shamelessly showing how easy it is for you to do so after you ‘Bust your Ticket with www.caticketbusters.com’) Short, to the point, and truthful. Who, what, when, where, why, that’s all I ask.   A minute or less.

Anyway propecia online prescription back to Damien, a moving violation in Sonoma County. A California traffic ticket! No less. He is a local boy so when he joined up (he made a couple of appearances before I talked to him) I had him come in and we ‘played court’, I rehearsed with him what they could say or how they could treat him and we went over his responses and his paperwork.  Most importantly we scripted his items so he could not be rattled.  I can’t stress how important this is. Like Bill Walsh scripting his opening drive or 12 plays. He  was very secure and confident, and it was all about the principle of the traffic ticket and not about the money. He won!

So if you use ‘the system against itself’ and want to share your victory or experience, you can email or send us a short video clip to service@caticketbusters.com and we will post it on our blog!

We don’t spam, sell, market or betray your email address with anyone. If you send us your testimonial by email, we will remove part of the email address so it is not out in the public.

I personally have used this on several stop sign tickets in California  and traffic tickets, cell phone tickets, commuter lane tickets, red light tickets,
red light camera tickets and seat belt tickets to tie them up and use their own rules of court against them. Remember,  it  works for all California infractions, 
to have them treated for our purposes, to hold them to the Misdemeanor laws and rules of court!

Ronald Cupp PHD

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