Friday, June 4, 2010

Speeding Ticket Trial No News is Good News?

It has now been nearly 4 months since I was convicted in a court of no record in Washington County Oregon for exceeding the maximum speed (70 in a 55) and I have heard nothing. When I left the court, I was given a letter that said basically that I had two options. 1. I could pay the reduced $143 fine or 2. I could choose to have the trial all over again in a court of record at a cost $302. They said I had to respond by March 1st, 2010 (I was issued the letter on Feb. 8, 2010).

Instead of bowing to their demands, I chose the unwritten option #3. I sent a letter to the court which stated the following:


I, (name of the defendant), a natural born citizen of the United States of America, defendant in error do hereby make a special appearance to state in writing to any and all interested parties in the matter of the Justice Court of Washington County, OR docket # ****** that I do not waive my right to a speedy and public trial (in a court of record), by an impartial jury of the State and district wherein the alleged crime or violation was said to have been committed. I do not waive the right to be informed of the nature and cause of the accusation; to be confronted with the witnesses against me; to have compulsory process for obtaining witnesses in my favor, and to have the Assistance of Counsel for my defence. Nor do I waive the rights afforded me by the 6th ,7th and 14th Amendments to the United States Constitution.

Section 1 of the 14th Amendment of the United States Constitution states,

“1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Any judgment obtained against me, in the above stated matter, by any other means will be considered a violation of my constitutionally preserved rights and shall be considered null and void. I further hereby demand a stay of any derogatory action taken against me in the aforementioned matter which may include any fines, fees, interest charges, court costs, Oregon Department of Transportation abstract reports, DMV filings, charges and Etc. until such due process shall be afforded me. Any action taken by any party in the above matter, outside of my rights of due process, shall be considered a violation of my constitutionally afforded rights and shall be considered actionable in a federal court of the United States judiciary.

Thank you for your respect of my rights."

I am really curious what would have happened if I had presented the above letter to the judge when I was arraigned. I wonder if things would have turned out any differently.

Anyway, as far as the status goes, the deadline they gave me to "choose" one of their options has past and I have heard nothing.

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