I think it was regarding depositing the BC into the well of the court vs. submitting a copy attached to an affidavit and notice of mistake. I was trying to determine if I would be held in contempt if I just dropped it, and walked away...
I talked to the prosecutor. First he offered no fines, no points...just court costs.
I said no.
Then he offered, no fines, no points, no court costs...but testify under oath that the officer had probable cause to make the traffic stop.
I said no.
He had no reason to follow me. The officer typed one location on the ticket as the spot where he stopped me, when the actual stop occurred 10 blocks farther down the road. He was just following me without reason. When I requested the video recording of the traffic stop to prepare for trial, they wouldn't let me have it. the lieutenant said it was already erased.
They called my name, I walked to the microphone. The prosecutor stated the case of the state against me. The judge said dismissed.
Unless Scott coached you on what to do- i probably think you dont even realize what you did right then. I think you just flat-out held your ground and REFUSED to agree, accede, consent, nor ATTORN to their jurisdiction ;)
that's exactly it. I didn't say any of the phrases, or submit any notices. I didn't get a chance to speak. I don't know why he dismissed other than I would not come under their jurisdiction in any way.
I think they have that video. I think they know that I would have gone forward to appeal in superior court and internal affairs for the racial profiling. I was trying to mentally prepare if they punished me for dissenting.
why Lani 'got-off'...in court, that is ;)
The Police Officers Manual 2000 by Gary P. Rodrigues
SUMMARY TRIAL: the procedure laid down in Part XIX of the Criminal Code (Indictable Offences - Trial Without Jury), whereby certain provincial court judges and other functionaries are given power to try (usually with the consent of the accused) persons charged with indictable offences. The offence is still an indictable offence even though tried by the provincial court judge.
The operative phrase in that whole definition?
"...(USUALLY WITH THE CONSENT OF THE ACCUSED)..."
The operative-word in THAT phrase being - "CONSENT"
You stood your ground from the sounds of it, did not waiver, and did not give them your CONSENT, to ATTORN, to a FOREIGN jurisdiction
LaNi Black I know you didn't submit the Notice of Mistake, but do you know how to fill it out? I have a copy from Scott Duncan's page, however I am not sure as to what to put in the place of the Canadian information for the usA. Are you in the usA?
If you dont have a court-date set Love (LOVE that name btw, and yeah- pun intended), then im not sure whether the- "...In Custody of the Birth Certificate..." part is required on the NOTICE OF MISTAKE, but that would require clarification from Scott Duncan.......but id start sendin' them out to ALLLLLL involved parties in the meantime and take advantage of the time you have waiting for the court-date
I don't even know WHO the involved parties are, other than the District Attorney, the clerk, and the officer that arrested me. Hopefully Scott can provide some clarity for me on this matter. I hate to ask questions that I'm sure have been answered before but I've looked through the timelines and have not seen any specification to filing this out in the united states of America
There is usually 8 points. Mine has 7. Since im only dealing with the lackeys from the city, and theres no need for the DISPOSITION of any BC into any court, since there IS no court to deal with it, i just deleted that section for the time-being. Therefore mine only has 7 points.
Lani and Love- Scott has recommended that this is THE guy in the states to listen to regarding this stuff:
http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=127469&cmd=tc
LOVE- be sure to check ALL the Like's that have been 'Liked.' Its Scott's very efficient way of saving time typing...try and tailor questions for him that he can answer just by clicking 'Like'