26 Questions
According to the text, what is the myth about handling a traffic citation administratively?
You have 72 hours to handle it
According to the text, when does the 72 hour right of recision apply?
When claiming sanctuary under Regulation Z of the Truth In Lending Act
According to the text, why is it better to handle a traffic citation within the 72 hour time period?
To take advantage of the statutory abatement process
According to the text, what should you do after refusing a document?
Make a photocopy as your original copy
What is the purpose of a Certificate of Mailing?
To provide evidence of the mailing
How much does a Certificate of Mailing cost?
$1.30
What is the next step after completing the first step of returning the citation?
Notify the court
According to the text, when are tickets entered on the court docket for those who have been 'refused for cause'?
When someone calls in and admits to the jurisdiction
What determines which jurisdiction you admit to being in, according to the text?
Your identification
What happens once you rebut the presumption of the nexus by providing evidence to the court that you refused the presentment for cause?
You are legally protected and they can't go after you
According to the text, what is the plaintiff officer expecting you to do when questioned about the ownership of the driver license and/or auto registration?
Testify against yourself
What is the suggested remedy for not testifying into the matter?
Not showing up to testify
What is the recommended action when receiving correspondence from the court?
R4C their correspondences and return them back
What is the consequence of giving your name when checking with the court about the citation?
Creating a connection between yourself and the legal fiction name
According to the text, what is the purpose of entering 'Notice' of the proof of process with the clerk of court?
To obtain acknowledgment of the process
According to the text, why are traffic codes considered private law?
To gain control over issues involving traffic
According to the text, what does the word 'traffic' mean in its legal sense?
An activity involving commerce and transportation of goods and people for profit
According to the text, why are traffic codes not considered positive law?
Because they are private law
According to the text, what does it mean to sign a citation 'without prejudice'?
It limits the admission of the citation as evidence in a legal matter.
According to the text, why should you make a 'special appearance' in traffic court?
To challenge the establishment of personal jurisdiction on the record.
According to the text, why should you refuse a citation 'for cause'?
To avoid paying fines or penalties for traffic violations.
According to the text, why is it important to sign a citation with only your 'True Name'?
To reserve your rights under the common law.
According to the text, what does the phrase 'for cause' mean in legal speak?
To provide a legitimate reason
What does a 'refusal for cause' mean in legal terms?
A non-responsive reply
What is the purpose of a 'special appearance' in court?
To challenge jurisdiction only
What should be written on the Defendant copy of the citation in a 'refusal for cause' process?
Refused for cause, timely, without dishonor and without recourse to Me
Study Notes
Handling Traffic Citations and the Legal Process
- The 72 hour right of rescission does not apply to traffic citations.
- Traffic citations fall under constructive commercial agreements subject to contract law, not the Truth In Lending Act.
- Any offer from a government officer can be subject to the 72 hour right of rescission if refused for cause timely.
- The process to handle a traffic citation should be executed before the appearance date stated on the ticket.
- The process should be executed within the 72 hour time period to take advantage of the statutory abatement process.
- If executed outside the 72 hour time period, a non-statutory abatement process may be necessary.
- Courts are more likely to acknowledge the process if executed within the 72 hour time period.
- Notice of the proof of process should be entered into the matter with the clerk of court before the appearance date.
- Once the court receives notice of the process, attending the hearing is not necessary.
- Traffic codes have not been passed into positive law and are private law.
- Traffic codes only apply to individuals engaged in commerce or regulated under the commerce clause.
- A special appearance should be made in court to challenge personal jurisdiction and avoid waiving in personam jurisdiction.
Quiz: Understanding Your Rights in a Traffic Stop Test your knowledge on your rights during a traffic stop with this informative quiz. Learn about the presumption of ownership of driver's license and auto registration, and whether you are obligated to testify against yourself. Discover how to navigate personam jurisdiction and understand your options when it comes to statutory courts. Don't miss this opportunity to know your rights and protect yourself in a traffic stop situation.
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