STRATEGY

BEFORE YOU GET IN TROUBLE

Why look for trouble?
Here is my suggestion for what to do BEFORE you go about peacefully challenging the cops.
1. Have all the cop-control paperwork in place FIRST:
      Driver's license
      Vehicle plates
      Insurance
2. Contact DMV and explain that you wish to relinquish your licenses, and you will be planning to travel in your car.
      They will write back, promising to beat you up and other horrible things if they catch you.
      Exchange correspondence a couple more times to finalize your relative positions.
3. Sue them for a declaratory judgment which defines the relative positions of the parties (you & the state)
4. Based on your court order, get a writ of execution ordering the DMV to update their records
      so that when the cop checks it, it will instruct him to leave you alone
      if you are not engaged in commerce. He will believe them and leave you alone.
5. At this point you can relinquish your various licenses


NOW THAT YOU ARE IN TROUBLE

Here is a suggested court strategy.

IF YOU'RE A DEFENDANT, IN A SMALL CASE SUCH AS TRAFFIC, then pay the fine/bail without prejudice. That way you will not have to expend any energy defending.

Initially, don't sue the government, judge, prosecutor, or attorney. Just sue any individual who you believe had the power to stop the process against you, but failed to do so. Typically, that would be the cop who issued the traffic ticket. Also, name the court as a defendant, but only sue for decision, not for money. Here's an example of how to identify the court:

     United States District Court, People vs. [your name], Case Number 23cr12345      (hereinafter Inferior Court)

If the government steps in to defend the cop, and claims the cop was just doing his job and has immunity, then you can thank them for their admission that what the cop did was gov't policy. Then amend your action to add the gov't as a defendant. (Gov't has no immunity when it gets involved in commerce.)

If the judge, prosecutor, or public defender appears to you to be personally and emotionally vested in giving you a hard time, then amend your action to add him as a defendant.

The first cause of action would be a challenge to jurisdiction. When jurisdiction is questioned, then they must stop their proceedings and take time out to prove the basis of their jurisdiction to your court. If they attempt to proceed anyway before final judgment in your case, use writs of error and contempt process to stop them.

IF YOU'RE A DEFENDANT, IN A BIG CASE SUCH AS ONE THAT INVOLVES LARGE FINES OR JAIL TIME, DON'T WAIT! As soon as you can, file a counterclaim like the action suggested above.

VENUE

The venue is the place where you file your action.
  • Where the contract was made.
  • Where the contract was breached.
  • Where the injury occurred.
  • Where one of the defendants lives or works.

    The court you would choose would be the state civil court for unlimited jurisdiction, if state law applies; or either the state or federal court if federal law applies. Note: even though you file the case with the civil clerk, your court can still be a court of record proceeding in accordance with the common law procedure.