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Challenge to Traffic Infringement Unsuccessful
I have been disputing a traffic infringement for just over a year now. Qld Police alleged I was travelling at a speed of 47km/hr in a 40km zone.
I appeared before the local magistrate’s court and followed Mark’s non-consent process of initially stating that I answer to the name of _____ as well as many other names and that I reserve all my rights and waive any benefits and privileges offered. Further that I do not consent to being here and am only here under duress, protest and threat of menace. The magistrate wouldn’t let me finish the last sentence and disputed that I was not there under duress but when I further reiterated that I did not consent to the proceedings she immediately went to booking another hearing.
I was permitted to go at large without bail on the condition that I would appear and surrender into the custody of the MAGISTRATES COURT
for a trial review on the Thursday prior to a hearing on the following Tuesday. I was advised by the magistrate that I could appear before the court by telephone if I wished but I would need to give the court my phone number. I wrote down my number and gave it to the Police Prosecutor who said he would pass it on to the court.
The Thursday came and went with NO call from the Magistrates court. I rang the court the next week and was advised that the court had ruled against me and issued an additional fine of $287 on top of the initial speeding fine which has now been referred to SPER. They alleged they attempted to call me three times.
There is no evidence on my phone that anyone called that afternoon.
Are they lying?
Did they ring the wrong number?
Did the police prosecutor pass on the correct number?
How will we ever know?
I’m not sure what to do.
Because I didn’t turn up with my physical presence I have been denied any further representation of my interests.
Is there a lesson there for all of us?
Can Court Orders be challenged successfully from here?
Is it worth going to the District court?
Has anyone else experienced not actually be called by the court when supplying a number?
Any advice / reflections would be appreciated.
Thanks.
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5 Replies
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Sadly i cant help, other than tell u what happened to me. I was done for a number of traffic stuff. did the 3 step process, seems to have worked. So Dont EVER speak to them. CORRESPONDANCE ONLY.
However, when i got pulled over the cops, they brought them up again, arrested me, stole my car, disqualified my licence etc ect……..raa raa raaa. Now they summons me to court….went today infact. (for not taking a Breatho) , didnt refuse, clearly not drunk.
I took to the magistrate in with confidence and NOT Anger, stood my ground, and then some. Had him on the ropes and ratteled him……..i have studied Marks court stuff for 18 months…….followed it to a “T”…….The magistrate got all flustered and yelled at me about some ‘bizzaro world’ i live in……..he ignored everything i said, then cancelled my licence for 2 more years and fined me $2000, with no stay of appeal. I dont know if its Marks stuff that is purely ineffective……or the system is soooo corrupt it is pointless to even try. The cops, the courts….THEY DO NOT GIVE A HOOT.
So now im threatened with 2 years jail for my second ‘driving without a licence’ in court in 3 weeks time. and every chance i will go. Marks stuf my have worked a few years ago…….But it DOES NOT WORK now. maybe coz they have cottoned on to it.??????? Thats my experience. and i can never get solid answers on here either….maybe because there are none.
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Hi Dave
Thanks for your reply and I’m sorry to hear about your experience.
Good on you for learning and trying a new pathway.
I think we were outwitted by the magistrate on this occasion and should have appeared in person.
I think we were making some progress.
We like the cut and thrust of what Mark is teaching here. Obviously as Morag and others have commented, it does take a lot of study and practice as well as time.
On reflection, for us, we probably don’t feel its worth the time investment that’s involved and are more motivated to generate wealth, tolerate the parasites and mobilise with others for a more lasting cultural and political reform.
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Sadly we are all still bankrupt bonded assurity and we have no standing. As you know it goes back to the start with the birth certificate and every deal signing in the public. There is a lot in the law that ties us to them like usafruct 1933 bankruptcy and the list goes on. All the police and court documents are new trusts being started and you are the trustee. The best thing you could do is send a reg.post letter to all the officers that you sent with your signature to and say that I rescind my signature off all documents, apologies for I have now been made aware that I made a mistake and donot wish to go into dishonor. With that take your phone records to show that you didnt receive the call from the court. This will stop any further charges and you are not going to war with them. When you go to war with them you are classed as a belligerent and that goes back to 1933. You need to send the same letter to that magistrate with your court number (new trust) as evidence with your phone records. All the best
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Hi Bonny, If you buy the court role play module and study it intensely you may see
what you could have done differently to get a better result. it depends if you, acquiesced to any commands or dictates by them you could have inadvertently given them jurisdiction over you and the matter. If you recorded every interaction with them, and have evidence that they have broken any rules, then you can put in a formal complaint which can lead to the dismissal of the magistrate if he has not followed proper protocol. You can appeal also as long as you have the evidence to do so. Your experience has shown just how little we can trust these agents and pirates. You were saying the magistrate was giving you permission to do this and that, if you keep studying the modules and webinars you will see that some of those offers he was making were probably fish hooks designed to get you under his jurisdiction again.-
Hi Morag
Thanks for your comments and feedback. You are very generous with your time in these forums. Thank you. As we mentioned to Dave above I think we were outwitted. We’ll survive. I think you’re right about fish hooks and baits over giving jurisdiction. If you do the study and role play you’ve probably got a better chance of winning.
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