What is the name of your state (only U.S. law)? MI
I also posted this in the traffic citation part of this forum, but I figured I may get some answers on procedure here. Can anyone tell me if I can motion for discovery of evidence before the formal hearing and when? Do I have to enter my license and registration as evidence?
Hi, I am new to this forum. I have a few questions that I'm having a hard time finding answers for. I will give you the brief description of my case and how I plan on fighting it. I completely understand why the traffic courts and district court use U.C.C.
I was pulled over, asked if I knew why... I said no I do not know why. The cop cited me for running a red light (amber). The conditions were slippery and I didn't feel I could stop so I went through it, but I think this is going to be irrelevant. I told the cop that I did not concent to anything right away. He asked me for my license, and it got to the point that I said I will only give you my license under duress and I do not concent to this. He said give me your license and registration under duress. So I gave him my license and registration. During the traffic stop I also asked him for three forms of ID and he did not supply that with me. It got to the point that I was half way out of my car asking it for him, and then he left. This was done after he had given me the ticket.
The registration has Without Prejudice U.C.C 1-308 on it. The license has a label on it under my signature that states the same. Does this not clearly reserve my rights to choose to contract or not enter in to a contract because of the privledge of a license? Is it also sufficient enough if it is on my registration?
I have already called the clerk and requested a formal trial so it is on record. I plan on either questioning the jurisdiction of the court, or telling the judge that I do not understand the charges, but I think if I can ask the officer a few questions I think I can clear this up. I plan on giving the officer the ticket, giving him my license, asking him if this is where he got my address, and then asking him to read what is under my signature. That is if the prosecutor wants to go that route.
The issue that I'm having is I can't find the proper court procedures for a formal hearing as far as discovery of evidence goes, and if I have to enter my license etc. into evidence. Again, this is just a formal hearing. I've only ever been to an informal hearing so I'm not sure how to proceed. Also, before the hearing, am I allowed to get the officers notes etc.?
Basically I am unclear on the proper procedure for a formal hearing. Also any pointers when questioning the jurisdiction of the court? I understand that a lot of you may be lawyers and not want to deal with this. I'm trying to stand up for my rights, and I'm trying to learn. I've spent a lot of hours on learning all of this, and it will be an experience either way. I also understand that no BAR lawyer would advise this, or represent me, or question the jurisdiction of the court.
I understand that some people may not want to answer this, may think that it is ignorant, but I don't like my rights as a human being trampled on. I did not injure anyone, and I don't like the fact that a judge, prosecutor, and police officer... who are all employed by the same corporation can do whatever they want as far as fining me. Any information would be much appreciated.
I also posted this in the traffic citation part of this forum, but I figured I may get some answers on procedure here. Can anyone tell me if I can motion for discovery of evidence before the formal hearing and when? Do I have to enter my license and registration as evidence?
Hi, I am new to this forum. I have a few questions that I'm having a hard time finding answers for. I will give you the brief description of my case and how I plan on fighting it. I completely understand why the traffic courts and district court use U.C.C.
I was pulled over, asked if I knew why... I said no I do not know why. The cop cited me for running a red light (amber). The conditions were slippery and I didn't feel I could stop so I went through it, but I think this is going to be irrelevant. I told the cop that I did not concent to anything right away. He asked me for my license, and it got to the point that I said I will only give you my license under duress and I do not concent to this. He said give me your license and registration under duress. So I gave him my license and registration. During the traffic stop I also asked him for three forms of ID and he did not supply that with me. It got to the point that I was half way out of my car asking it for him, and then he left. This was done after he had given me the ticket.
The registration has Without Prejudice U.C.C 1-308 on it. The license has a label on it under my signature that states the same. Does this not clearly reserve my rights to choose to contract or not enter in to a contract because of the privledge of a license? Is it also sufficient enough if it is on my registration?
I have already called the clerk and requested a formal trial so it is on record. I plan on either questioning the jurisdiction of the court, or telling the judge that I do not understand the charges, but I think if I can ask the officer a few questions I think I can clear this up. I plan on giving the officer the ticket, giving him my license, asking him if this is where he got my address, and then asking him to read what is under my signature. That is if the prosecutor wants to go that route.
The issue that I'm having is I can't find the proper court procedures for a formal hearing as far as discovery of evidence goes, and if I have to enter my license etc. into evidence. Again, this is just a formal hearing. I've only ever been to an informal hearing so I'm not sure how to proceed. Also, before the hearing, am I allowed to get the officers notes etc.?
Basically I am unclear on the proper procedure for a formal hearing. Also any pointers when questioning the jurisdiction of the court? I understand that a lot of you may be lawyers and not want to deal with this. I'm trying to stand up for my rights, and I'm trying to learn. I've spent a lot of hours on learning all of this, and it will be an experience either way. I also understand that no BAR lawyer would advise this, or represent me, or question the jurisdiction of the court.
I understand that some people may not want to answer this, may think that it is ignorant, but I don't like my rights as a human being trampled on. I did not injure anyone, and I don't like the fact that a judge, prosecutor, and police officer... who are all employed by the same corporation can do whatever they want as far as fining me. Any information would be much appreciated.