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Homepage Private Community Forums Dealing with ‘Police & Authorities’ Arrested for refusal breath test.

  • Arrested for refusal breath test.

    Posted by Melissa on October 22, 2023 at 6:36 pm

    Hi,

    We came back from an event 2 weeks ago when 2 police indicated me to stop the car on side of the road for an alcohol test. I was quite nervous as it felt wrong to comply even tough I knew there was no alcohol in my blood. So I tried holding position. I told them that I don’t consent to have a test done. I asked them if they claimed that I was driving when they asked for my license, no answer. Bit of back and forth like this until they gave me a final warning and said blow now or we will take you. My reply was “sorry I can not accept your offer”. They did take the drivers license I was carrying, however I was very clear that I was not driving or identifying as the person on the license. They reached in and turned my car of and became more aggressive. I responded “I comply under treat and duress”. They hand cuffed me brought me to the office and I ended up doing the test under treat and duress which I stated very clearly. They agreed to call me a living man that was travelling and could not provide proof of authority.

    One of the officers gave me a paper with he persons name on it and stating he took the test of the person even tough he said “you are still a living man”. I complied in the end under treat and duress because they where going to suspend my license and they clearly did not have a clue about the difference between driving and travelling. So they probably would had arrested me again when I would had got back into my car.

    They decided to bring me back to my car where my girl was waiting. She had no license and I had the key(that I pulled out of the officers hand when he turned of my car) the windows and doors where open in the middle of the street at 11 at night. I would never leave a girl like that. I even asked them if she was alright when we drove of, the officer stated that he tlaked to her and she was fine. criminal code act 1899-009 states the following:

    319 Endangering the safety of a person in a vehicle with
    intent
    (1) A person who does anything that endangers, or is likely to
    endanger, the safe use of a vehicle, with intent to injure or
    endanger the safety of any person in the vehicle, whether a
    particular person or not, commits a crime.
    Maximum penalty—life imprisonment.
    (2) In this section—
    do anything, for a person who has a duty to do the thing,
    includes omit to do the thing

    They gave me a note that the person has to appear in court for refusal of an order. I don’t think they have proof that I was contracting with them especially because I said clearly that I co-operated under treat and duress after the arrest.

    I could had maybe held my position better by asking 3 times the same question and notifying them that I will claim damages. But it is what it is. We are looking to purchase some of the modules as I have no experience with this et all other than some of the documents we have already read in the last couple of weeks.

    Can someone please point us in the correct direction or give some possible solutions? Thanks, Wim

    morag-janet-of-the-hill-family replied 1 year, 5 months ago 3 Members · 31 Replies
  • 31 Replies
  • morag-janet-of-the-hill-family

    Member
    October 23, 2023 at 2:30 pm

    Hi Wim, did you record what transpired? If not, will your witness complete an affidavit to describe what happened? Do the Police there record? it’s great that you are going to purchase a module to help you. I can also give you some materials to start to create a folder for your car. If you would like some then PM me on this site. Module 28 Address Summons and Notice to Appear would be a great one to purchase to start with.

    • Melissa

      Member
      October 23, 2023 at 2:42 pm

      Hi morag janet, We purchased quite a few modules this morning but overlooked that one. I will purchase it now and have a look. We have not recorded the interaction unfortunately. However, my witness can write an affidavit. I will PM you in regards to making a folder for the car. Thank you, Wim

  • Melissa

    Member
    October 29, 2023 at 9:58 am

    Yesterday we sent out the first notice and demand to the 2 police officers and a copy to the head of office.

    One of the things we included was: proof that you are not responsible for the occurred cost, losses and damage as per attached fee schedule.

    I believe that they will not show proof of any of it so it will likely go into an estoppel. After this I will send them an invoice. Does anyone here have experience with this? How can you enforce them to pay? Are they or their insurance likely to pay? Has anyone here received a payment for something similar?

    • morag-janet-of-the-hill-family

      Member
      October 30, 2023 at 9:16 am

      This man has had experience in this area. His name is Alex and he says that he has put liens on when they fail refuse or neglect to pay the invoice. He has zoom meetings regularly so you coudl join in and ask him questions. He is an honourable man. here is a link to his channel on youtube. There is a link under this video to his zoom meetings. https://www.youtube.com/watch?v=d_f6L9QpogU

      • Melissa

        Member
        October 30, 2023 at 5:54 pm

        Thank you! I will have a look.

  • Melissa

    Member
    November 11, 2023 at 11:10 am

    I have a court appearance coming up on Monday morning. I am going to not consent to do business. However, I have never been in court and looked at some pictures and video’s on how this room is laid out. It is my understanding that I can not enter the bar. However when they call the name I answer to, do I then get up and stand in from of the galley and not to close to the bar? Or is this already to close? I guess my question is where do I stand and talk to the judge?

  • morag-janet-of-the-hill-family

    Member
    November 11, 2023 at 11:48 am

    I highly recommend you buy the Court Role Play Module and memorise the appropriate scripts through role play at home.

    • Melissa

      Member
      November 11, 2023 at 1:35 pm

      Hi Morag janet,

      We have that module and I have been rehearsing and improving my script for the past 2 weeks. The only question I have so far is where to stand in the court room while at the same time not entering the bar. Can I stand just behind the bar? Or should I stay in the public gallery?

      • morag-janet-of-the-hill-family

        Member
        November 11, 2023 at 1:47 pm

        I don’t think Mark worries about that, what you say is far more important. This guy Alex tells how he enters and making sure the court has a duty of care to him while he is there. He talks about that in either pat 1 or part 2 of this video (I can’t remember which) So if you watch both you will see a strategy in there for keeping yourself safe in court. https://www.youtube.com/watch?v=d_f6L9QpogU….https://www.youtube.com/watch?v=gKrjOHpS-3o

        • Melissa

          Member
          November 11, 2023 at 2:15 pm

          Thanks again Morag janet, I will have a look at it now. I did watch some of his stuff already, I started actually watching his Egypt documentary series yesterday, seems very interesting so far. Anyways, I really appreciate how you have pointed us in the right direction through this adventure. Cheers, Wim

        • risingsun

          Member
          November 14, 2023 at 10:11 am

          hey morag…watched the video thanks…i liked his explanation of the birth certificate ..and the placenta etc….one of the better explanations and helped me comprehend a little better….makes me think of the expression we are worth our weight in gold…anyway, my question was do you know anything more about the bloke who did the video..i think his name is Trevor John….cheers

          • This reply was modified 1 year, 7 months ago by  risingsun.
          • morag-janet-of-the-hill-family

            Member
            November 14, 2023 at 11:04 am

            Yes Alex is his soul name and his close friends call him Alex. He is a very honourable guy who was attacked by the system because he had the temerity to stand up for what is right. They fabricated some outrageous charges. It was a nightmare for him as he was a teacher (I think) and may have broken up his marriage and lost his job. All because he was standing up to the corruption in the system. So he got through that and cleared his name after a long struggle for justice and now he is determined to help others empower themselves so they can protect themselves from the piracy and corruption. He helped me back in 2020 when I was being taken to court, he helped me see the lawyer off and then the complainant, who ended up dropping the fabricated charges (she accused me of breach of contract), largely because of the paperwork I was able to complete with the enlightenment and help Alex gave me. He did this for me out of the kindness of his heart and I will never forget what he did. At the time I knew little to nothing of how the system worked and without his input and time he spent looking at my documents and guiding me to the best moves to make, I probably would have ended up with my reputation as a teacher being smeared without a valid basis. With his help they all (the ones having a go at me) disappeared back into the place they came from. Alex was very confident as I had all the evidence I needed to prove it was all a fabrication, I felt like I was drowning and he saved me.

  • morag-janet-of-the-hill-family

    Member
    November 11, 2023 at 3:37 pm

    There are two videos there.

  • Melissa

    Member
    November 13, 2023 at 7:27 pm

    I had my court appearance today.

    I went for the ” best script ” stating that I did not consent to the proceeding (I read the none consent notice). The jury cut me of and offered bail. I mentioned again that I do not consent to do business etc. Then he said we don’t need your consent. I replied does a man not have the right to give his none consent to do business? He did not answer so I repeated 3 times. After the third time I stated that we have agreement now that a man can give his none consent to do business. I got immediately arrested. The officers told me I would have to be in jail until next hearing which would be January. I would not be allowed out for the appearance this would be done through a webcam. A few hours later the police officer came back and said that the judge decided to get me out on bail if I signed the bail and agreed to appear in January again. I don’t understand why this happened. I was respectful stuck to the script and it seems they ignored everything. It’s if I had no rights. Not sure where to go from here and how this was possible?

    • morag-janet-of-the-hill-family

      Member
      November 14, 2023 at 9:27 am

      Congratulate yourself for going into the lion’s den. We never win the first time in court if that is of any comfort to you. However what has happened to you can serve as a warning to others to be prepared for the court to use this tactic and to have the correct response/paperwork ready and waiting.

    • morag-janet-of-the-hill-family

      Member
      November 14, 2023 at 9:29 am

      Did you find what Alex does in court to ensure the court has a duty of care to protect you?

      • Melissa

        Member
        November 14, 2023 at 7:16 pm

        Hi Morag, Thank you for your reply. No I have not found what Alex does in court so he is protected. I did hear him saying that he went to court and de judge asked him if he was the person and he said no and so a warrant got issued. I also saw a video how he dealt with servicing thee warrant, not something I like to try. I have watched all the videos that you send plus some others but it does not ring a bel.

        • morag-janet-of-the-hill-family

          Member
          November 15, 2023 at 8:06 am

          Ok, I’m sorry about that I was sure it was in those videos. I am in the process of transcribing so I will let you know if I come across it again. He did this, he asked for permission to enter the court and once they gave him permission it changed his status from cargo to passenger and therefore gave the court a duty of care over him. I was not sure of the exact wording, that is why I directed you to his two videos.

    • morag-janet-of-the-hill-family

      Member
      November 14, 2023 at 10:06 am

      Here’s the next Q and A, it’s tomorrow night and you can register
      here…https://solutionsempowerment.org/event/general-qa-november-15/

    • risingsun

      Member
      November 14, 2023 at 10:18 am

      “decline” to do business might be preferable to not (knot) consenting…..when you knot something you bind (or create joinder )…..same as “refuse” …when u re-fuse or “knot” you join…………heard that one recently ….and it makes sense…all part of the word trickery…..up to you good though to do your own research and good luck with it all…like Morag said…well done on seeing it through..cheers

      • Melissa

        Member
        November 14, 2023 at 7:21 pm

        Thank you!

  • morag-janet-of-the-hill-family

    Member
    November 14, 2023 at 9:25 am

    They put you in jail to get your consent and they just hoped you wouldn’t know how to do a Writ of Habeas Corpus for wrongful imprisonment. Then they were able to coerce you into agreeing to their terms by threatening to keep you in jail. They can’t keep you for any longer than 24 hours withotu a valid charge. They did that to a friend of mine as well. Because they are prirates they use dishonest tactics and then say to themselves ‘Ignorance of the law is no excuse’. So they blame you for not knowing what to do when they carry out these coercive tactics.

    • Melissa

      Member
      November 14, 2023 at 7:20 pm

      Thank you for the explanation. So is it true that they could not have transferred me to prison until next hearing? Where can I find more information about what they are able to do in such a case?

      • morag-janet-of-the-hill-family

        Member
        November 15, 2023 at 8:08 am
      • morag-janet-of-the-hill-family

        Member
        November 15, 2023 at 8:14 am

        As far as I know they cannot hold you for longer than 24 hours without a valid charge. You can ask Mark for more clarity on this subject tonight at the Q and A ….You can register here …..If you let us know what he tells you that would be very helpful…..https://solutionsempowerment.org/event/general-qa-november-15/

        • Melissa

          Member
          November 25, 2023 at 9:39 am

          Hi, I asked the question in Q&A, Mark’s response was something along the line of: The arrest in court was assault, he also said that when this happens you have to call out and say I don’t consent. I asked if they could had kept me there for 2 months or if this was a lie. He said they could had if I did not give my none consent. And I asked what the bail agreement means. He said what ever the bail entails. In my case I need to come to court in January and follow the judges directions. There can be other conditions to the bail. Just out of my own experience there. I was just having a conversation with the judge and had no idea that they were going to arrest me as the judge did not indicate this. The police already moved closer behind my back and quickly grabbed me. I said I don’t consent but before I knew I was pushed out the room. It was almost as if they already dealt with a similar situation as there was no communication that I could see from the judge to the police to make the arrest. I would personally caution to take this approach. I think I might have more luck with the 3 step process and submitting an affidavit. I have to now anyway as I signed the bail.

          • morag-janet-of-the-hill-family

            Member
            November 28, 2023 at 11:05 am

            Thanks for that, it’s always valuable to hear what happens on the ground when these processes are followed for the first time. The district courts will often test people hoping they are newbies and won’t know what to do. Not may people appeal and so they get away with their behaviour (not following proper protocol). Make sure you heavily role play before the next court date as well as the three step process. It’s great that Mark gave answers that will help you prepare for the next round.

    • Melissa

      Member
      November 18, 2023 at 12:24 pm

      What is a valid charge? Is the valid charge not ‘fail to provide specimen as required of breath for breath test or saliva for saliva test’ under transport operations act 1995 section (5A)(A) as indicated on the notice to appear and the now signed bail agreement?

  • Melissa

    Member
    January 2, 2024 at 9:06 pm

    I read in the court module that Mark served the court fine onto the prosecutor. How does this work? And does anyone have experience discharging depth from a court order? What is the best way and what are possible back lashes? Meaning do I have to come back to court if for example I do the bill of exchange?