Good information. Everyone should do their best to study up on this stuff. A great place to start :gooogle "Carl Miller, Know your constituion" Some awesome info on how to show the court who is the boss.
I appreciate this, but as xmenrus said, I couldn't understand the caller. What exacty was the error on the state's part, and how was this victory won?
I saw your same response on another man's comment. Please understand that I don't know what you mean. Can you please PM me something that will elaborate on that? I would really appreciate it.
@takticalguy1 good to see you're continuing to make progress and beat the system back, it's probably getting easy for you these days. I'm still fighting with the state for my money... They won't even pay a man in a terminal condition... WTF right? Hopefully I'll have some of that money soon, I'll be giving you a call. Peace.
I'm no genius, and being ignorant is part of life man. =) We are all ignorant about something. Honestly, tactikalguy1 is the genius with this stuff. Most knowledge I have has come from him, and I give him 100% credit.
Shoot him an email. I don't wanna speak for him, but I would imagine that he will help you if he can.
from what I gathered from this is that he was not actually suspended and had re-obtained a license previous to the stop. so where is the victory in this?
Appears to be an interesting situation but I couldn't unerstand the caller. To much phone static. Would you explain what the court couldn't prove? Caller was stopped by cop and ticketed for driving with expired license and...?
Thanks for you clearing this up; or you can call me..I'd like to know what gave the caller the victory over the 'crooks in black robes.' .Ernie
@xmenrus Maybe you should know what a demurrer is first. It isn't that the "people" couldn't prove the facts, its that they had no legal authority to try the case because of jurisdictional bounds.
The facts, evidence, and witnesses were mute at this point and, in fact, are often considered by the judge while ruling on a demurrer to be true, even if they are later to be proved false...because they do not matter at that point.
@snwmnx I'm sorry if I sound ignorant but I am when it comes to this stuff. When he filed a demurrer in court, who did he file it with, the judge? I a demurrer a form one fills out or a written statement with certain elements of information?
You file it with the court clerk and the prosecutor, Idk about where you live but our court house is huge but if you ask some people they should help. Or you can file it in open court have 3 copies 1 for the judge, 1 for the prosecutor, one for you and then request a hearing for motions.
@teckniec2 Thanks Anthony. That that I know where and how to file it. could you give me a brief description as to the verbiage and information I have to provide in the demurrer please? Thanks man.
I've never heard of it until the other day, I don't know much about them other then some states will flat out reject it. Most states only accept a motion to dismiss for failure to state a claim upon which relief can be granted, which is essentially the same thing but I would go with the demurrer first as using older stuff lets them know your not messing around. In my case I filed a plain motion to dismiss and simply pointed out every defect in the case, no victim, no plaintiff,..ect.
@MyTube22T The judge denied them all of course and I didn't ask for reasons because the charge is so dumb I can beat them even within their own jurisdiction, I was playing with them. I have a hearing on the 26th and I'm 90% the cop is not gonna show so they can throw it out. If he does show its still gonna get thrown out. Ya sorry I can't tell you anything about demurrer that you can't google, never used it. Whats also important is that you reserve all your rights either verbally or on paper.
Suspended licenses cause many to flee accidents and sometimes it's because of no insurance. The insurers add to the ills of our society.
insurancegame 1 month ago
Good information. Everyone should do their best to study up on this stuff. A great place to start :gooogle "Carl Miller, Know your constituion" Some awesome info on how to show the court who is the boss.
JaveonB 1 year ago
I appreciate this, but as xmenrus said, I couldn't understand the caller. What exacty was the error on the state's part, and how was this victory won?
wordprophet 1 year ago
@wordprophet .... There was no victim.
Tactikalguy1 1 year ago
@Tactikalguy1
I saw your same response on another man's comment. Please understand that I don't know what you mean. Can you please PM me something that will elaborate on that? I would really appreciate it.
wordprophet 1 year ago
@takticalguy1 good to see you're continuing to make progress and beat the system back, it's probably getting easy for you these days. I'm still fighting with the state for my money... They won't even pay a man in a terminal condition... WTF right? Hopefully I'll have some of that money soon, I'll be giving you a call. Peace.
N1k1mon 1 year ago
why don't you start using google talk for free and using the computer to record the calls. i'm sure it would come out much clearer.
pabyizzy 1 year ago
I'm no genius, and being ignorant is part of life man. =) We are all ignorant about something. Honestly, tactikalguy1 is the genius with this stuff. Most knowledge I have has come from him, and I give him 100% credit.
Shoot him an email. I don't wanna speak for him, but I would imagine that he will help you if he can.
snwmnx 1 year ago
What are specifically in these motions that stop them courts in their tracks?
JEHERETIC 1 year ago
So Communist Calipornia actually gave in? Cool
younitehumanity 1 year ago
from what I gathered from this is that he was not actually suspended and had re-obtained a license previous to the stop. so where is the victory in this?
danielc121162 1 year ago
Tactikalguy1 u da man.
slimadocious1 1 year ago
Appears to be an interesting situation but I couldn't unerstand the caller. To much phone static. Would you explain what the court couldn't prove? Caller was stopped by cop and ticketed for driving with expired license and...?
Thanks for you clearing this up; or you can call me..I'd like to know what gave the caller the victory over the 'crooks in black robes.' .Ernie
xmenrus 1 year ago
@xmenrus..... There was no victim.
Tactikalguy1 1 year ago
@xmenrus Yes, no corpus delecti. No injured party, no case.
nextdimensions 1 year ago
@xmenrus Maybe you should know what a demurrer is first. It isn't that the "people" couldn't prove the facts, its that they had no legal authority to try the case because of jurisdictional bounds.
The facts, evidence, and witnesses were mute at this point and, in fact, are often considered by the judge while ruling on a demurrer to be true, even if they are later to be proved false...because they do not matter at that point.
snwmnx 1 year ago
Comment removed
MyTube22T 1 year ago
@snwmnx I'm sorry if I sound ignorant but I am when it comes to this stuff. When he filed a demurrer in court, who did he file it with, the judge? I a demurrer a form one fills out or a written statement with certain elements of information?
MyTube22T 1 year ago
@MyTube22T
You file it with the court clerk and the prosecutor, Idk about where you live but our court house is huge but if you ask some people they should help. Or you can file it in open court have 3 copies 1 for the judge, 1 for the prosecutor, one for you and then request a hearing for motions.
teckniec2 1 year ago
@teckniec2 Thanks Anthony. That that I know where and how to file it. could you give me a brief description as to the verbiage and information I have to provide in the demurrer please? Thanks man.
MyTube22T 1 year ago
@MyTube22T
I've never heard of it until the other day, I don't know much about them other then some states will flat out reject it. Most states only accept a motion to dismiss for failure to state a claim upon which relief can be granted, which is essentially the same thing but I would go with the demurrer first as using older stuff lets them know your not messing around. In my case I filed a plain motion to dismiss and simply pointed out every defect in the case, no victim, no plaintiff,..ect.
teckniec2 1 year ago
@MyTube22T The judge denied them all of course and I didn't ask for reasons because the charge is so dumb I can beat them even within their own jurisdiction, I was playing with them. I have a hearing on the 26th and I'm 90% the cop is not gonna show so they can throw it out. If he does show its still gonna get thrown out. Ya sorry I can't tell you anything about demurrer that you can't google, never used it. Whats also important is that you reserve all your rights either verbally or on paper.
teckniec2 1 year ago
@xmenrus - is this my friend Ernie from NE ? I've been subscribed to Tactikalguy1 for about 6 months now.
curtmorehouse 1 year ago
@curtmorehouse No. Campbell, CA
xmenrus 1 year ago