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re: O-T Lawyers who practice criminal law, question about traffic “crimes”

Posted on 1/31/19 at 7:03 pm to
Posted by Havoc
Member since Nov 2015
29035 posts
Posted on 1/31/19 at 7:03 pm to
I got my eye on you, boy.
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 1/31/19 at 11:39 pm to
Woman tries to use People v Battle explanation during traffic stop

It didn’t work. Keeps citing People v Battle and Black’s Law Dictionary.
This post was edited on 1/31/19 at 11:40 pm
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27472 posts
Posted on 2/1/19 at 9:13 am to
quote:

According to People v. Battle, 50 Cal. App. 3d Supp. 1, 6-7; traffic infractions are not crimes. Why isn’t this the law of the land yet? Other courts should adopt this interpretation


According to an opinion issued from the appellate department of the Los Angeles Superior Court, traffic infractions in the state of California are not crimes. This interpretation relies on a web of statutory cross referencing pertaining to mode of trial, right to counsel, etc, specific to the state of California.

It would be inappropriate for other states to “adopt” anything from this case; they would need to do their own individual analysis of their applicable state law.
Posted by zeebo
Hammond
Member since Jan 2008
5219 posts
Posted on 2/1/19 at 9:47 am to
International Shoe
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 2/1/19 at 9:53 am to
I was hoping to hear your take for clarification.
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 2/1/19 at 9:57 am to
quote:

International Shoe


Jurisdiction issues?
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27472 posts
Posted on 2/1/19 at 9:59 am to
quote:

International Shoe


*eye twitches*
Posted by FearTheFish
Member since Dec 2007
3782 posts
Posted on 2/1/19 at 10:00 am to
quote:

No jury in a traffic case sometimes, 6th amendment problem
Please leave the lawyering to the lawyers.
Posted by chinhoyang
Member since Jun 2011
23792 posts
Posted on 2/1/19 at 10:16 am to
In Texas, traffic tickets can go to a jury.

Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 2/1/19 at 10:17 am to
Do you have a copy of Black’s Law Dictionary?
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27472 posts
Posted on 2/1/19 at 10:52 am to
quote:

Do you have a copy of Black’s Law Dictionary?


I do, but I’m currently traveling out of state, so I don’t have easy access to it. With that said, I assume Lexis or Westlaw has it. And with that said, my copy is basically a hundred dollar doorstop, as I’ve never actually used it for anything.

So with all of that now said, why do you ask?
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 2/1/19 at 3:35 pm to
quote:

I do, but I’m currently traveling out of state, so I don’t have easy access to it. With that said, I assume Lexis or Westlaw has it. And with that said, my copy is basically a hundred dollar doorstop, as I’ve never actually used it for anything.

So with all of that now said, why do you ask?


Well sovereign citizens cite to it when interacting with police all the time like it's a divine document. Quite a contrast when you use it as a doorstop

Keep wanting to know who is injured, because a crime requires an injured party and wanting to see corpus delecti
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27472 posts
Posted on 2/1/19 at 5:32 pm to
quote:

Well sovereign citizens cite to it when interacting with police all the time like it's a divine document. Quite a contrast when you use it as a doorstop

Keep wanting to know who is injured, because a crime requires an injured party and wanting to see corpus delecti


Yeah, reminds me of when my clients argue with me citing the Model Penal Code. Merely secondary sources, dears, not binding documents
Posted by MintBerry Crunch
Member since Nov 2010
4878 posts
Posted on 2/1/19 at 8:02 pm to
quote:

International Shoe


Lol
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
67135 posts
Posted on 2/1/19 at 8:13 pm to
quote:

International Shoe


Pennoyer v.Neff
Posted by lnomm34
Louisiana
Member since Oct 2009
12640 posts
Posted on 2/1/19 at 8:41 pm to
quote:

Woman tries to use People vs Battle explanation during traffic stop




This is her. LINK


Funny that her last name is Law.
This post was edited on 2/1/19 at 8:47 pm
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