I was given a traffic citation for speeding. My understanding is that the officer cannot be a process servicer, as he is not an impartial 3rd party. Is he correctly following the proper criminal procedure, by him, the officer, handing me a traffic ticket.

I'm in Oklahoma.

Under 2020 Oklahoma Statutes
Title 22. Criminal Procedure §22-209. Citation to appear - Issuance - Summons - Failure to appear.

(2) In issuing a citation hereunder the officer shall proceed as follows:

(b) One copy of the citation to appear shall be delivered to the person cited, and such person shall sign a duplicate written citation which shall be retained by the officer.

Since he is a member of the executive branch of the municipality, he cannot also be an impartial 3rd party process servicer.

Isn't this correct?

Is there any laws or cases that I can cite that would support my motion to dismiss for lack of Personal Jurisdiction due to lack of proper service of process?

not sure will investigate.

a driver is a commercial term and odds are you were not driving at all

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=20a0a37c3d2ca80c127b9b73378dba6b&term_occur=999&term_src=Title:49:Subtitle:B:Chapter:III:Subchapter:B:Part:390:Subpart:A:390.5|Driver

assuming your not working commercially the laws never applied to you in the first place.
you probaly should have dispelled the officers myth that you were a driver or driving. and then asked what crime you were suspected of and then asked to leave.. dont argue just let him respond. dont claim any rights. and keep asking relevant questions and keep asking to leave.

the supremacy clause say all laws in conflict federal and constitutional are null and void and federal law says a driver is commercial act such as taxi and trucker.

The US supreme court case law says its your right to move your property , to travel and to even drive in any modern convenience
https://wearechange.org/u-s-supreme-court-says-no-license-necessary-to-drive-automobile-on-public-highwaysstreets/

i wouldn't say you were driving.

if confronted about insurance claim that its a violation of due process to make you pay for a tort that hasn't happened.

when you understand all this and can argue it... i would skip it all and challenge jurisdiction ask them to provide the evidence that these laws apply to you and demand with "objection your honor we cant proceed without evidence of jurisdiction" this will happen about 3 times and they will then stop the case

there is much more philosophy on tactics but there is the bare bones for your sir

and this is from experience

here is a very famous person arguing and winning a case with a very similar argument .. this is one of many of scattered incomplete videos

https://www.youtube.com/watch?v=h2Ta0DTIeHY&t=1s

i hope this helps

sorry he has scattered videos he dose make a similar argument in one of the others claiming they are threats

Thank you, Joseph66.

I could tell early on that the young officer didn't know anything and was drunk on power and control and that there was no educating him. He even stated that it was the law that I had to provide him my driver's license, which it is not in the state of OK.

I've had a Pre-Trial hearing on 12/8/21 at which time the judge asked do you want to change you plea, to which I answered I never pleaded. I found in the OK statutes/codes (again don't apply to me as a natural man) that the judge can enter a plea of not guilty if I don't plea. What a kangaroo court.

I'm in the process of replying to the prosecutors response to my Affidavit of Facts and once again motioning the court to dismiss for lack of personal and subject matter jurisdiction.

My next court date is 1/19/22. I have a feeling that even after the judge sees my reply he will not dismiss. At that time I will have to appeal. (Learning as I go, and not very quickly I might add.)

you have to force it.. you have to say it properly "objection your honor" tell them 3 times they have to prove jurisdiction before they can proceed.. and then the case will end

if the judge provide any time of evidence like saying we have such and such on file that gives probable cause... say im sure the prosecutor appreciates your legal council ..but... objection the judge is practicing law behind the bench... send them into a tail spin ... they will make this go away

I'm hoping to get them to dismiss before the next court hearing on 1/19/22. I have on my list of to-do's a request for production that will request evidence that they have any personal jurisdiction or subject matter jurisdiction showing probable cause (that a crime was committed and that there is anyone with standing that will face me in court and for me to cross examine.).

that would be the proper way..
i dont know how to do that yet lol
i bought this course but i havent done it yet

I think template forms are here somewhere on this site. I'll have to search and see if that exists. If not I'll have to find one online somewhere.

Found an embedded sample Request for Production at https://www.howtowinincourt.com/FrameSet.cfm?mTitle=Forms

You have to do a Ctrl-F and search Request for Production.