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Topic: Traffic Court

Created on: 01/31/22 12:29 PM

Replies: 42

JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Traffic Court
02/01/22 7:32 PM

https://www.tncourts.gov/rules/rules-appellate-procedure/4

RULE 4: APPEAL AS OF RIGHT: TIME FOR FILING NOTICE OF APPEAL.
(a) Generally. In an appeal as of right to the Supreme Court, Court of Appeals or Court of Criminal Appeals, the notice of appeal required by Rule 3 shall be filed with the clerk of the appellate court within 30 days after the date of entry of the judgment appealed from; however, in all criminal cases the “notice of appeal" document is not jurisdictional and the timely filing of such document may be waived in the interest of justice. The appropriate appellate court shall be the court that determines whether such a waiver is in the interest of justice. Any party may serve notice of entry of an appealable judgment in the manner provided in Rule 20 for the service of papers.

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Traffic Court
02/01/22 7:33 PM

https://www.google.com/search?q=tenesee+time+to+apeal+civil&oq=tenesee+time+to+apeal+civil&aqs=chrome..69i57j33i10i160l3j33i299l2.9545j0j1&sourceid=chrome&ie=UTF-8

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MARK77


Joined: 12/21/21

Posts: 14

RE: Traffic Court
02/01/22 8:04 PM

The summoning city court https://www.murfreesborotn.gov/159/Court-Procedures says:

If you plead "guilty", your case can be adjudicated right then. If you plead "not guilty", a trial date will be scheduled and you will need to reappear at a later date.

This is new to me, last time I was in traffic court (2005sh), everything happened on at the first hearing, questions, cross-examine, etc. -- no further trial scheduling.

Arguments:
The state has submit a claim with no supporting evidence. No testimony, no sworn affidavits.
The officer's testimony is hearsay (he is only reporting what someone else said)

Questions for the judge:
* Is this a court of record (A court of record is a court whose acts and proceedings are enrolled for perpetual memory and testimony)? (if it's not, how should I move the court?)

* Is this a civil or criminal court? If civil,why is the court asking for my plea of guilt or not?

* Venis's tactic: Is the foundation of the states claim that I'm obligated to obey a written instrument called traffic law? Is that the court's position as well? Move to vacate.

Not sure what else to ask.
* Last updated by: MARK77 on 2/1/2022 @ 8:05 PM *

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Traffic Court
02/01/22 8:25 PM

you don't want the court to work
you don't want to make work for your self
challenge jurisdiction make them prove it to you

it thier job to provide the evidence
its thier job to prove jurisdiction


Q"If you plead "guilty", your case can be adjudicated right then. If you plead "not guilty", a trial date will be scheduled and you will need to reappear at a later date."

A: challenge jurisdiction ask them to provide evidence the laws apply to you. without your consent.
don't let the judge do it make the accuser. if the judge does recuse them on the spot. for practicing law behind the bench


Q: This is new to me, last time I was in traffic court (2005sh), everything happened on at the first hearing, questions, cross-examine, etc. -- no further trial scheduling.


this is the law do not educate them... make them prove it

"RULE 23: TRIAL BY JURY.
(a) Right to Jury Trial. In all criminal prosecutions except for small offenses, the defendant is entitled to a jury trial unless waived.

(b) Waiver."

Tennessee Constitution
“The right to trial by jury shall remain inviolate,” reads Article I, Section 6 of the Tennessee Constitution, the governing legal document for the State of Tennessee. It provides that when a citizen accesses the courts to seek redress for her or his injuries, a jury will decide the questions of fact in that case

RULE 39. TRIAL BY JURY OR BY THE COURT
Administrative Office of the Cou
218


RULE 39.01: BY JURY.
When trial by jury has been demanded as provided in Rule 38, the action shall be designated upon the docket as a jury action. The trial of all issues so demanded shall be by jury, unless (a) the parties or their attorneys of record, by written stipulation filed with the court or by oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury or (b) the court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the state of Tennessee.

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Traffic Court
02/01/22 8:29 PM

your waving your rights by participating

i reached a word limit on the last post

dont educate them on the law challenge the law..

say objection your honor point of procedure
there is no proper evidence of jurisdiction on record i do not consent ...

so this three times if they try and continue and the magistrate will call to reconvign,

say for the record i reserve all my rights.

i have more tricks about masks in the building and stuff

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Traffic Court
02/01/22 8:35 PM

notice

RULE 39. TRIAL BY JURY OR BY THE COURT
Administrative Office of the Court

notice its Administrative Office of the Court

they are trying to sneak you threw a administrative hearing as a driver aka comercial...

your not a commercial worker .. tell the judge im not a driver the officer must be mistaken

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MARK77


Joined: 12/21/21

Posts: 14

RE: Traffic Court
02/01/22 8:47 PM

The judge will ask : what do you plead?
Do I ask what is the charge and the evidence of the charge?

Argument:
I am not a driver, the officer must be mistaken.
DRIVER = Driver means any person who operates any commercial motor vehicle.

I was not operating a Motor vehicle as, the officer is mistaken.

Motor vehicle = Motor vehicle means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Motor Carrier Safety Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.

The judge may/will question me:
Objection: why are you acting on behalf of the state?

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MARK77


Joined: 12/21/21

Posts: 14

RE: Traffic Court
02/01/22 9:05 PM

@JOSEPH66 see your private message

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MARK77


Joined: 12/21/21

Posts: 14

RE: Traffic Court
02/03/22 3:30 PM

FYI to the community, case dismissed.

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MARK77


Joined: 12/21/21

Posts: 14

RE: Traffic Court
02/03/22 3:30 PM

Thanks Joseph, what you said worked.

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Traffic Court
02/03/22 4:36 PM

woot

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SEAN24


Joined: 03/07/22

Posts: 4

RE: Traffic Court
04/13/22 6:31 PM

This was SO encouraging to hear! Thank you!

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