When pulled over by a cop: Officer, am I under arrest?

No: Then am I free to leave?

No: Then I must be under arrest. Do you have a warrant with my name on it?
No: What is your probable cause for placing me under a warrantless arrest?
If he asks to see your driver’s license, registration and proof of insurance: Are you going to use this
information against me in a criminal investigation? If so, I wish to exercise my 5 th Amendment
right against self-incrimination.

Traffic Ticket stamp (to be submitted within 72 hours):

This Offer to Contract is Rejected;

This Contract is Cancelled.
Please send written acknowledgment that
this matter is closed, within 10 days, to:
John Doe
c/o POBox 111
Eugene, Oregon [97405]
All Rights Reserved Without Prejudice,

By: __________________________________
Authorized Representative
Date: August 11, 2008
Reg. Mail #_______________________

Standing:
“Without standing, there is no actual or justiciable controversy, and the courts will not entertain such
cases.” - Clifford S. v. Superior Court, 45 Cal. Rptr.2d 333,335.

If you can show that the plaintiff has no standing in their complaint against you, then they have no subject
matter jurisdiction and the case has to be thrown out.

“If a party is found to lack standing, the court is without subject matter jurisdiction to determine the
cause…and the court lacks discretion to consider the merits of a case over which it is without
jurisdiction.” - Miss. So. ? of Pardons & Paroles, 896 A.2d 809 812 (Conn.2006).

A complaint/ ticket is not synonymous with a cause of action or standing.

Purpose of government: “Governments are established to protect and maintain individual rights.” -
Article 2, Section 2 of the Arizona State Constitution
Courts are part of the government, so courts exist to protect and maintain individual rights. The court’s
jurisdiction is limited to its purpose.

To have standing, the plaintiff has to allege the violation of a legal right.

“Standing is a necessary component of subject matter jurisdiction>” - Rames v. Byrd, 521 US 811.

“Standing is perhaps the most important of the jurisdictional doctrines… standing represents a
jurisdictional requirement which remains open to review at all stages of the litigation…” NOW, Inc., v.
Scheidler, 510 US 249.

“The requirement of standing, however, has a core component derived directly from the Constitution. A
plaintiff just allege personal injury fairly traceable to the defendant’s allegedly unlawful conduct and
likely to be redressed by the requested relief.” - Allen v. Wright, 468 U.S. 737, 751 (1984).

If there is no personal injury, then there is no standing or subject matter jurisdiction.

How to impeach (legally disqualify from testifying) the police officer witness: His written testimony is
on the ticket and you have the right to question your accuser. The cop is required to file a valid cause of
action. Without a valid cause of action, there is no standing. Judge has no discretion to accept his
testimony, and even his prior testimony (ticket) must be thrown out.

Hand the police officer a copy of the ticket. Did you file a valid cause of action against me? How
many elements are in a valid cause of action?

Objection. This calls for a legal conclusion. The witness is not competent to testify.
This now requires the judge to strike all the testimony.

Impossibility of a fair trial: There is no such thing as an impartial and independent judiciary. There is an
impermissible conflict of interest.

Am I entitled to a fair trial?

Can I get a fair trial if there is a conflict of interest?
A jusge cannot be fair and independent if there is a conflict of interest.
To the judge: Who do you represent here? Who are you acting on behalf of?

“In all trial court proceedings, a judge shall disclose on the record information that the judge believes the
parties might consider relevant to the question of disqualification, even if the judge believes there is no
actual basis for disqualification>” - Calif. Judicial Canons 3(E)(2).

Judges represent the State, the pretended plaintiff and party to the action. Any judge acting on behalf of a
party to the action, a fair trial is impossible.

Script for Arraignment:

Practice these scripts until you don’t have to think. You may want to hire your own licensed court
reporter or bring in a tape recorder. Just announce before anything else, that you intend to appeal if found
guilty and you want to have a record of the proceeding to aid my appeal. If the judge objects, insist on
your right to a record of the proceeding. If he objects to a tape recorder, ask for a continuance to be able
to provide your own court reporter. State that you have heard that court tapes are sometimes inaudible
and you can’t take any such chance with your appeal.

At the Arraignment:

The judge will inform you of the charges against you and ask you how you plead…
As soon as you plead you give them jurisdiction; instead:

Do you understand the charges against you? No, your honor, I don’t understand the charges against
me.
How do you intend to plea? I can’t enter a plea until I get some questions answered. I don’t
understand the nature and cause of the actions against me.

Is this going to be a Civil action or a Criminal action?

Civil action (unlikely): Thank you, your honor. Let the record reflect that this is a Civil action.
Your honor, since this is a Civil action, I make a motion to dismiss for lack of a sworn complaint by
an injured party and no injured party is present.

Criminal action: Thank you, your honor. Let the record reflect that this is a Criminal action. Your
honor, the Constitution grants this court two different criminal jurisdictions: One is a criminal
jurisdiction under the Common Law; the other is a criminal jurisdiction under admiralty or
military tribunal venue from Article 1, Section 8, Clause 17 of the Constitution. In which of these
two criminal jurisdictions does this court intend to try me?

Common Law (unlikely): Thank you your honor. Let the record reflect that this is a Criminal action
under Common Law. Your honor, since this is a Criminal action under Common Law, I make a
motion to dismiss for lack of a sworn complaint by an injured party and no injured party is
present.

The State is the injured party: Your honor, I make a motion that this case be dismissed. We are in
the wrong court. If the State is a party to the case, they cannot also be the judge and prosecutor.
This case needs to be transferred to federal court or be dismissed.

You need to get a licensed attorney for legal advice: Thank you, your honor, but I don’t think you
would be violating your Oath of Office by doing your duty under the Constitution. You see, I am
not seeking legal advice;what I want to know is legal intent. I have the right to appear as myself, in
my own person without a licensed attorney, and in order to intelligently defend myself, I have to
know the jurisdiction that this court is operating under. The Rules of Criminal Procedure under a
Common Law jurisdiction are very different from the Rules of Criminal Procedure under an
admiralty or military tribunal venue. I need to know under which jurisdiction you intend to try me
in order for me to proceed with this case. The 6th Amendment grants me the right to know the
jurisdiction being applied and it grants you the duty to inform me. Therefore, will you please
answer the question so that this court is properly identified?
You need to get an attorney: Thank you, your honor, then let the record of this court show that I,
_____, the accused in this Criminal action, has asked the court to divulge the nature and cause of
the accusation upon the authority of the 6th Amendment and that this court has failed in its duty to
inform me of the nature and cause of the action. Furthermore, let the record also show that this
courts also intends to bring this action against me under a secret jurisdiction known only to
licensed attorneys.

Statutory jurisdiction: Thank you, your honor, let the record of this court then show that it intends
to conduct a criminal action against me under a statutory jurisdiction; but your honor, that raises
another question: I have never heard of a criminal action under a statutory jurisdiction and there is
no such jurisdiction established in the Constitution. I would be happy to accept this, your honor, if
you can please tell me where I can find the published rules of criminal procedure under a statutory
jurisdiction and where this nature, cause and jurisdiction information exists. It is imperative that I
have the published rules of procedure so that I may conduct a fair defense in a fair trial.

If he threatens with contempt of court: Your honor, I don’t wish to be held in contempt. I am simply
trying to exercise my 6th Amendment right that you disclose the nature and cause of the charges
against me. I can provide court citations that show that the exercise of a Constitutional right
cannot be converted into a crime. Please either identify the properly established jurisdiction or I
make a motion that you dismiss the case against me.

Admiralty jurisdiction: Thank you, your honor, then let the record of this court show that this court
intends to proceed with a Criminal action against me, _____, as a condition of contract under an
Admiralty jurisdiction, as a military tribunal under Article 1, Section 8, Clause 17 of the
Constitution. However, your honor, you must realize that you have no such jurisdiction without
also having a valid international contract in dispute. I am not aware of having entered into any
international contracts, so I deny that any such contract exists. Will you please instruct the
prosecuting attorney to inform this court if there is such a contract? And if so, to place it into
evidence and explain how I am a party to it and am compelled to perform under it. If the
prosecution cannot do so, your honor, I make a motion that this case against me be dismissed.

Make a motion for dismissal whenever you have the opportunity to do so.

Case dismissed: Thank you, your honor. Let the record of this court reflect that Case# _____
against ______ has been dismissed. Leave quietly.

Judge enters Not Guilty plea: Your honor, I object. For you to enter a plea on my behalf is
practicing law from the Bench. Entering a plea is my job or my attorney’s job. Has the court made
a judicial determination that I am Not Guilty?

Yes: Thank you, your honor. Let the record of this court reflect that the judge has made a judicial
determination that I am Not Guilty of the charges against me. Therefore, I make a motion that this
case be dismissed because the judge has determined that I am not guilty.

No: Thank you, your honor; then I make a motion that the plea be withdrawn and that I be
allowed to be able to enter my own plea once I know the nature and cause of the case pending
against me.

Judge enters No Contest plea: Your honor, I object. For you to enter a plea on my behalf is
practicing law from the Bench. Entering a plea is my job or my attorney’s job. For you to make a
judicial determination that I am entering a plea of No Contest would result in the court treating me
as though I had plead guilty. The court is trying to constrain me to an unfair plea choice in the
absence of my understanding the nature and the cause of the charges against me. I make a motion
that this plea be withdrawn and that this case be dismissed because this court has failed to identify
a legitimate jurisdiction.

I deny that motion. Your trial date will be…: Your honor, I would like to request that we set a
Motions Hearing prior to the trial date, as I must resolve some pivotal key issues in order to
continue and these motions must be made prior to the trial so that I can properly defend myself.

Judge gives a continuance and demands the obtaining of a licensed attorney: Has the court made a
judicial determination to deny me the right to defend myself in my own person and to force me into
hiring a licensed attorney that will conspire with the court to try me under a secret jurisdiction
known only to the judge and the licensed attorney?

If you walk out of this hearing without a dismissal, then go to Step 2, Pretrial Motions. Ask for a Motions
hearing or ask for Motions to be heard at the beginning of the trial. I must resolve some pivotal key
issues before continuing and these motions must be heard prior to a trial. At a Motions Hearing, you
cannot be found guilty, but the case can be dismissed. Assert that each motion must be heard and ruled
upon separately and individually.

STEP ONE: ARRAIGNMENT: Listen to the audio until you can recite it by memory. Use this at
your preliminary hearing. Role play and practice if necessary, as following this process is crucial
to your success. Keep in mind, you are your own lawyer. This method was designed for traffic
violations, but has been used for other tickets, such as a loose dog that injured no one.

Have the motions for preliminary hearing prepared and ready for presentation to the judge as
necessary. These are the motions to Protect and Observe all of the accused Legal Rights, and to
compel the court to identify itself. (See pages 5-6) Your case will hopefully be dropped right
here. If it is, drop us an email and tell us about it.

STEP TWO: MOTIONS If you get a judge that has no regard whatsoever for the law, he
will enter a plea on your behalf and set a trial date. At that time, either set a date for a motions
hearing, or mail by certified mail with a third party completing the proof of service, all motions
(assuming all apply to your situation, which they probably will.) Do all motions even if you
served the first two motions at the time of the arraignment. (See pages 4-10)

STEP THREE: TRIAL Go to trial, with the proper motions and list of questions to ask the
cop. (See pages 11-15). Be prepared by reviewing all of the trial information in the packet.
STEP FOUR: APPEAL Get the appeal paperwork from the court clerk. Follow the appeal
process in a timely fashion. You will probably have to post an appeal bond. Request a transcript
of the court case at this time. There will probably by a small fee, but it is worth its weight in
gold. Follow appeal process pages 16-17. Your appeal should be successful, your case dismissed,
and your payment refunded. If your appeal is not successful, see your money back guarantee
(page 18) for the process to receive the refund of your investment in the StopTheCop.com
program. If you are successful at any stage, please let us hear from you, by sending an email to
info@stopthecop.com

MOTIONS: Have the first two motions with you at your preliminary hearing, prepared to give
them to the judge when they are appropriate. Motions you will present at your preliminary
hearing are: Motions to Protect and Observe All of the Accused’s Legal Rights (how can they
say no to that!!!), and Motion to Compel the Court to Identify Itself.

Motions can be made orally, or in writing. However, it is recommended that you make them
orally while giving a written copy, and keeping written copies for yourself. Have at least three
copies with you at all times: one for you, one for the judge, and one for any prosecutor that may
be present. Only offer one copy to the judge, and give out the second copy only if instructed to
do so.

If your judge refuses to honor the law and sends your case to trial by entering a plea on your
behalf, you will ask for a motions hearing, or prepare and mail (by certified mail with a proof of
mailing completed by a third party) additional motions. These will be the Motion to Strike
Pleading, Motion to Recuse the Judge, Motion to Dismiss the Case, and possibly the Motion to
Continue (use this only if your judge is claiming a Statutory Jurisdiction).

Refer the sample motions attached, and just fill in the required information if they fit your case.

To deliver your motions: Simply take them with you if you are granted a motions hearing.
Otherwise, you have the option of hand carrying or mailing your motions to the court. If you
hand carry them to the court clerk, take an extra copy with you that you have the clerk stamp to
serve as proof that the original was served on the court. This way the court cannot deny that they
received them. If you mail them, have a disinterested third party (ie: neighbor, friend, anyone not
part of the case) do it by certified, return receipt mail with a certificate of mailing, as per the
attached example. (See page 3) Fill in their address, the name of the motions, the name and
address of the court naming the judge by name, and complete the location, date, and signature at
the bottom. Keep a copy for yourself. This will prevent the court from claiming that all you did
was mail an empty envelope.

PROOF OF SERVICE I am an American Citizen, over the age of 18 and am a disinterested 3rd
party, not a party to this action. My postal location is:

On the date below, I served by certified U.S. Mail the following documents described as:
on the interested parties to this action as follows:

I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true, correct, and complete.
Executed at Dated:
Signed: ____________________________________________________

THIS IS A SAMPLE MOTION. CHECK WITH THE COURT CLERK IN YOUR STATE TO
LEARN THE PROPER FORMAT FOR PREPARING YOUR MOTIONS. READ THEM ALL
TO MAKE SURE THAT EVERY WORD APPLIES BEFORE USING THEM IN YOUR
CASE (Especially in the Motion to Recuse. Fill in the judge’s first and last name in the space)

STATE OF _______________________________________ _______________ COUNTY

Name of Court Here (Example: Superior court of ___ county) Branch name of court here, if
applicable (Example: Northern Branch) Street address of Court Here City, State, and Zip Code of
Court here

PROSECUTORS: The State of (your state here)

Vs CASE NUMBER ___________)
ACCUSED: (Your Name Here

MOTION TO Protect and Observe All of the Accused’s Legal Rights

Now comes the accused, (your name here), respectfully requesting this court to:
Protect and observe the accused’s constitutional rights, his right to a fair trial, his right to due
legal process, his rights given the accused in appropriate rules of court procedure for this
jurisdiction, and his rights that are specified in the Bill of Rights; and to notify the accused, sua
sponte, in all pursuant court proceedings, whenever any of his rights are at risk of being waived
or compromised, and to identify to the accused exactly which right is at risk.

This motion should be granted because:

1. The accused insists that his rights be protected and observed in all court proceedings.
2. The accused has opted to exercise his right to proceed in propria persona with this case.
3. The accused is aware that the judge has sworn to uphold said rights by virtue of taking his oath
of office.
4. The accused has observed the judge’s dedication to impartiality.

Respectfully submitted,

Type your name here, In Pro Per

Type your street address here
Type your city, state, zip here
STATE OF _______________________________________ _______________ COUNTY
PROSECUTORS: The State of
Vs. CASE NUMBER ___________
ACCUSED:

MOTION TO Protect and Observe All of the Accused’s Legal Rights

Now comes the accused, _____ , respectfully requesting this court to:

Protect and observe the Accused’s constitutional rights, his right to a fair trial, his right to due
legal process, his right to know the jurisdiction under which the court is operating, his right to
have all evidence against him placed before the court, his rights given the accused in appropriate
rules of court procedure for this jurisdiction, and his rights that are specified in the Bill of Rights;
and to notify the accused, sua sponte, in all pursuant court proceedings, whenever any of his
rights are at risk of being waived or compromised, and to identify to the accused exactly which
right is at risk.

This motion should be granted because:

1. The accused insists that his rights be protected and observed in all court proceedings.
2. The accused has opted to exercise his right to proceed in propria persona with this case.
3. The accused is aware that the judge has sworn to uphold said rights by virtue of taking his oath
of office.
4. The accused has observed the judge’s dedication to impartiality.

Respectfully submitted, , In Pro Per

STATE OF _______________________________________ _______________ COUNTY

PROSECUTORS: The State of
Vs. CASE NUMBER ___________
ACCUSED:

MOTION TO Compel the Court to Identify Itself

Now comes the accused, _____ , respectfully requesting this court to:

Identify whether it is a civil court, or a criminal court. If criminal, accused respectfully requests
to know which of the two criminal jurisdiction authorized in The Constitution of the United
States this will be: under the common law, or under Admiralty jurisdiction.

This motion should be granted because:

1. The accused insists that his rights be protected and observed in all court proceedings
2. The accused has opted to exercise his right to proceed in propria persona with this case.
3. The accused has a right to know the identity of the court so that he knows which rules of
procedure apply so that he can properly defend himself.
 Respectfully submitted, , In Pro Per

STATE OF _______________________________________ _______________ COUNTY

PROSECUTORS: The State of
Vs. CASE NUMBER ___________
ACCUSED:

MOTION TO STRIKE

Now comes the accused, _____, respectfully requesting this court to:

Strike the pleading filed by the judge ostensibly on behalf of the defendant, and over the
defendant’s objections, in the above entitled case.

This motion should be granted because:

1. The accused insists that his rights be protected and observed in all court proceedings.
2. The accused has opted to exercise his right to proceed in propria persona with this case, and it
is the accused’s job to enter a plea on his own behalf.
3. The accused did not give the judge power of attorney to enter a plea on his behalf, and the
judge was illegally practicing law form the bench, and defrauding defendant out of his power of
attorney.
Respectfully submitted, , In Pro Per

STATE OF _______________________________________ _______________ COUNTY

PROSECUTORS: The State of

Vs. CASE NUMBER ___________
ACCUSED:

MOTION TO RECUSE THE JUDGE

Now comes the accused, _____, respectfully requesting this court to:
Recuse Judge from this case.

This motion should be granted because:

1. The accused insists that his rights be protected and observed in all court proceedings.
2. The accused has opted to exercise his right to proceed in propria persona with this case.
3. The judge was illegally practicing law from the bench by defrauding defendant out of his
power of attorney by entering a plea on defendant’s behalf and over the defendant’s objections.
4. The judge failed to identify for the defendant a Constitutionally valid jurisdiction under which
this case is being tried.
5. The judge claimed this was a statutory case, and when asked for the Rules of Criminal
Procedure for Statutory Cases, the defendant was referred to the Motor Vehicle Code. No such
Rules of Criminal Procedure exists with that Code.
Respectfully submitted, , In Pro Per

STATE OF _______________________________________ _______________ COUNTY

PROSECUTORS: The State of

Vs. CASE NUMBER ___________
ACCUSED:

MOTION TO DISMISS THE CASE

Now comes the accused, _____, respectfully requesting this court to:
dismiss the above referenced case.

This motion should be granted because:

1. The accused insists that his rights be protected and observed in all court proceedings.
2. The accused has opted to exercise his right to proceed in propria persona with this case.
3. The court has failed to identify the nature and cause of the case against defendant. The
constitution grants this court two different criminal jurisdictions: one is a criminal jurisdiction
under a Common Law, and the other is a criminal action that constitutes a condition of contract
under the criminal aspects of a colorable Admiralty Jurisdiction, which is in fact a Military
Tribunal of Legislative Venue under color of Constitution Article 1, Section 8, Clause 17. The
court has repeatedly failed to identify under which of these jurisdictions defendant is being tried.
Because the Rules of Criminal Procedure under a Common Law jurisdiction are very different
from the Rules under a colorable Admiralty jurisdiction, defendant needs to know which
jurisdiction this court intends to try him under in order to proceed with this case.
Respectfully submitted, , In Pro Per

STATE OF _______________________________________ _______________ COUNTY

PROSECUTORS: The State of

Vs. CASE NUMBER ___________
ACCUSED:

MOTION TO CONTINUE THE CASE

Now comes the accused, _____, respectfully requesting this court to:
Continue this case until such time as Defendant can be provided a published copy of the Rules of
Criminal Procedure under Statutory Jurisdiction.

This motion should be granted because:

1. The accused insists that his rights be protected and observed in all court proceedings.
2. The accused has opted to exercise his right to proceed in propria persona with this case.
3. The accused has a right to know the rules of procedure of the court so that he can properly
defend himself.
Respectfully submitted, , In Pro Per

AT THE TRIAL

Before trial: familiarize yourself with the rest of this package, especially thinking in advance to
the appeal process. You want to try to get the judge to make comments that fit into the grounds
for appeal. Also, familiarize yourself with the trial questions so that you don’t appear to be using
a prepared package. You are, of course, allowed to have private notes at your disposal for your
defense. Remember, you are acting as your own attorney. In fact, did you know that by the very
act of hiring an attorney, you have declared yourself incompetent and a ward of the court?

IMPORTANT: Begin the case with the same routine you did at the preliminary hearing,
demanding to know the jurisdiction under which you are being tried, so that you can properly
defend yourself. Act as if it is your preliminary hearing all over, and use the audio information
you already learned. While you are hoping he will drop the case, as he should, expect the judge
to stonewall and demand that the trial begin.

If you didn’t previously have a motions hearing, have three copies of each of the motions you
had mailed with you, and ask him to rule individually on them. Ask for a continuance until such
time as receiving the proper rules of procedure. Be prepared for him to tell you to get a lawyer.
Use your same routine from the preliminary hearing. If the judge threatens contempt, use your
same line from the audio, but proceed with the case if you must. It is better to proceed with the
trial and win on appeal. If the judge has threatened you with contempt for simply asking what is
your legal right to know, he has probably given ample grounds for appeal.

Once the trial begins, the “prosecution” will go first. The judge will probably play a dual role as
prosecutor (which is one of the reasons why you’ll win on appeal), and ask questions to the cop.
She is going to answer by telling the story. Example: “I observed defendant traveling westbound
on Hwy 32 at 2:35 p.m. Monday August 33, 2004. Defendant appeared to be traveling at an
excessive rate of speed. I pointed my radar gun, and determined that defendant was traveling 82
MPH in a 65 MPH zone. I put on my lights and drove up behind defendant, who pulled to the
side of the road. I asked for defendant’s license, registration and insurance. I cited defendant with
the notice to appear, and we both left the scene.”

LISTEN TO EACH WORD, AND TAKE NOTES OF THE TESTIMONY.

(Don’t trust your memory – after all, being your own lawyer can be a bit nerve-wracking.) It is
possible that the judge may only let you directly respond to comments made by the officer.
Every word the officer speaks should be challenged if it opens up any of the questions on your
list. Ask the provided questions to the police officer, in this order as much as possible. Expect the
judge to interrupt and interfere as you attempt to do so. If he does, state, “Your Honor, I’m trying
to lay a foundation necessary to my defense. I am seeking to establish that the officer is biased; is
involved in a conspiracy to deprive me of my property; and lacked the legal authority to pull me
over, make a warrantless arrest, and issue a notice to appear. I am seeking to establish that he is
therefore is an incompetent witness as it relates to the issue before the court.”

Be aware that these questions and citations are based upon California law and the California
Motor Vehicle Code. In your state, you should go to your Department of Motor Vehicles or local
law library to obtain a copy of the Motor Vehicle Code, or look it up at www.findlaw.com. Look
up the sections numbers that apply and use your state’s Code Sections where appropriate.

If the judge only allows questions from the testimony, you still have ample room. Most of the
questions below will still be valid. Try to ask each and every one, and move to the next if the
judge is objecting. In fact, hope that he objects, because then he is acting as both judge and
attorney for the prosecution witness – another ground for appeal. A judge is supposed to be an
impartial arbiter, not objecting on behalf of the prosecution!!

TRIAL QUESTIONS TO ASK THE COP:

· Are you an injured party in this case?
· Did you witness me injure any person or property?
· Did you have reasonable cause to suspect I was about to injure you or the person or property of
another?
· Do you follow the California Motor Vehicle Code (MVC) procedure on violations involving
motor vehicles?
· Upon which code section, specifically, were you relying as your authority to pull me over?
Please read that code section for the record. (let her/him read it, then ask: where specifically in
that section does it authorize you to pull me over?) (if no answer to original question: then do
you admit that you do not have personal knowledge of any authority under the MVC to pull me
over?)
· At the time that you began writing the notice to appear, was I under arrest? (If no, ask her if she
is familiar with the court case People v Monroe and read the quotation from it into the record)
· Did you read me my Miranda rights? (Or, “at what point did you read me my Miranda rights?”)
· Did you have a warrant for my arrest with my name on it?
· Would you kindly read aloud for the record California Motor Vehicle Code Division 17,
Chapter 2, Procedure on arrests, section 40300.5 regarding arrests without warrants?
· Did you have reasonable cause to suspect I was under the influence of alcohol?
· Did you have reasonable cause to believe I had been in a traffic accident?
· Did you have reasonable cause to believe I was obstructing a roadway?
· Did you have reasonable cause to believe I was a flight risk?
· Did you have reasonable cause to believe I was about to injure myself or property if not
arrested?
· Did you have reasonable cause to believe I was about to destroy evidence of a crime?
· (If she says no to those six questions) Therefore, do you admit that MVC
40300.5 did not give you the authority to make a warrantless arrest?
· Upon what basis did you believe you had the authority to arrest me? (if she cites anything from
the Penal Code, ask her if she is familiar with the court case of People v. Wohlleben and read the
provided section for the record, if she cites MVC 40302 read the section of People v Superior
Court into the record)
· Do you follow the California Motor Vehicle Code procedure on notice of violations and notice
to appear?
· Would you kindly read aloud for the record Section 40600 of the California Motor Vehicle
Code regarding reasonable cause for issuance of a notice to appear?
· Since you previously stated that you did not have reasonable cause to believe I was in a traffic
accident, do you admit that you did not have authority under MVC 40600 to issue a notice to
appear?
· Under which section of the MVC were you relying when you issued the notice to appear? (LET
HER ANSWER, and if she gives a MVC code section, say: Please read that code section for the
court. (WHEN SHE IS DONE READING: Where in that specific code section does it authorize
you to make a warrantless arrest and give me a notice to appear? (IF SHE CITES PENAL
CODE, ask if she is familiar with the court case People v. Wohlleben and read the quotation
from it into the record)
· (Ask any other question you believe relevant that may have arisen from officer’s responses.)
· No further questions.

YOUR CLOSING STATEMENT: Your honor, because the only witness against me did not have
the authority to pull me over, make a warrantless arrest, or to issue a notice to appear, I make a
motion that this case be dismissed, and that I be legally judged to be not guilty of the crime
charged.

If the judge has illegally allowed things to progress this far, expect this motion to be denied and
to have to post an appeal bond equal to the amount of your fine. Then get him on appeal.

Court Citations that you may need at your arraignment or trial

(You can access the entire case law by using the citation provided through legal search engines
such as www.findlaw.com)

If the judge cites contempt when you ask for your 6th amendment right to know the nature and
cause of the accusations: Miller vs U.S., 120 F 2nd 486,489 (this is a Federal case) “The claim
and exercise of a Constitutional right cannot be converted into a crime”

If the cop says that you were not placed under arrest:
People v Monroe, 12 Cal.App.4th 1174 (this is a California case) “Where a minor Vehicle Code
violation is involved, the arrest is complete when, after an investigatory stop, “the officer
determines there is probable case to believe that an offense has been committed and begins the
process of citing the violator to appear in court”

To show that the Vehicle code is civil, not penal

People v Wohlleben, 261 Cal.App.2d 461 (this is a California case) “The procedure on arrests
without a warrant for misdemeanor Vehicle Code violations is that prescribed by the Vehicle
Code and not the procedure prescribed by the Penal Code.”

To show that sections of the vehicle code in and of themselves are not enough to be a basis for
arrest:
People v. Superior Court, 7 Cal.3d 186 (this is a California case) “Upon analysis it will be seen
that one cannot be arrested on the sole authority of section 40302: “such section is not penal in
nature and cannot form the basis for a lawful arrest.” The section by its terms applies only when
a person “is arrested for any nonfelony violation of this code” and one of the four specified
conditions is met. It thus assumes the violator has already been arrested under a substantive
provision of the code, and simply declares the procedure which is then to be followed.”

Instructions for Appeal

Complete the appeal documents provided by the court clerk IN A TIMELY FASHION. The
court will not accept a late appeal, so you automatically lose if you are late. Those in the example
are taken from an actual successful appeal from the State of California. Make sure that each item
applies to your case prior to putting it on your appeal.

You will be required to type in the name of the court, your name, address, case number, and a
few basic blanks. In the area for stating the grounds for appeal, type “See Attachment 1” unless
you believe it will fit in the space provided. You should type your own Attachment using the
sample, however, if every single item in the sample applies to your case, you can fill in the
blanks and use it. Complete Attachment 1 by filling in the name of the state, your name, and
your case number in the blanks at the top. Under Section (a), fill in the name of your state. In
Section (e), fill in the date your motions were signed for by the court. If not every item applies to
your case, you will have to retype the sample to omit the items that do not apply.

When you submit your appeal documents, you may do this in person, being sure to get a receipt
for them so you have proof that they were delivered. This is best done by having a second copy
with you that you’ll keep, that you ask the court to stamp with the date of receipt. You can even
take a witness with you. If you chose to mail them, use the proof of mailing process that you
used for motions.

Regarding sections (b) and (f), if you are in a different state than California, you may wish to
omit the court cases referenced, as they are California law. You can research www.findlaw.com
to see if there is similar law in your state, or you can also go to your local law library (your
courthouse probably has one free of charge) to do this research. The law librarian can assist you.
You can also omit these two points referring to California law if you feel that the remaining
reasons are sufficient. Remember, the judge only needs ONE reason to throw out your case – you
are providing eight as the attachment currently stands. However, the more reasons you give, the
more likely you will be successful.

Section (g) will also not apply to all cases. Make sure that this actually happened in your trial
before you list it in your grounds for appeal.

If your transcript proves the judge made statements going to the specific points on appeal
(example: in section c if he stated that “The State of XXX is the injured party”) quote his exact
words and the page number and line number of the transcript. With Section F, if the judge has
done this to you, cite the page and line number of the transcript in your appeal. Also, if your
transcript proves judicial error other than those enumerated on the example, don’t be afraid to
add them.

PROSECUTORS: The State of

Vs. CASE NUMBER ___________
ACCUSED:

Attachment 1. Grounds for Appeal

a. This hearing was in the wrong court due to jurisdiction error. There is no legal foundation for a
criminal jurisdiction under the statutes of the State of . The constitution allows for criminal
jurisdiction under the common law and under admiralty, but mentions nothing about under
statutes. Defendants repeatedly asked for clarification of jurisdiction each time he entered court,
including making a written motion, which was not ruled on.

b. The hearing was in the wrong court since it was civil, not penal. The Motor Vehicle Code is
civil, not penal, so should be in a civil, not criminal court. See People v. Wohlleben,
261 Cal.App.2d. (“not the procedure prescribed by the Penal Code”) and People v. Superior
Court, 7 Cal.3d 186 (“such section is not penal in nature and cannot form the basis for a lawful
arrest”.)

c. This hearing was in the wrong court because the State cannot be both a party and judge on the
same case. In the absence of an injured party, the State is implying that it is the injured party.
However, if the state is an injured party in a lawsuit, it needs to be heard in the proper venue. A
state cannot be a party to, and judge of, its own action.

d. The judge exceeded his role of impartial arbitrator by acting as the prosecuting attorney and
attorney for the state’s witness. He entered objections on behalf of the witness when she didn’t
know how to answer defendant’s questions.

e. The judge failed to perform his duty by failing to rule on a motion to strike the pleading,
which was entered over defendant’s protests by a judge practicing law from the bench. The judge
failed to perform his duty by failing to rule on a motion to dismiss based on the court’s refusal to
identify the nature and cause of the charge against me. I was forced into a trial without knowing
the nature and cause of the charges against me or the identity of the court and thus the proper
Rules of Procedure. These motions were served by certified mail and received by the court on .
Copies of both motions, proof of service and proof of mailing are attached.

f. The judge erred by stating I was not arrested and refused to allow questions regarding my
arrest. See People v. Monroe, 12 Cal.App. 4th 1174 which states “Where a minor Vehicle Code
violation is involved, the arrest is complete when…the officer…begins the process of citing the
violator to appear in court.” See also People v. Superior Court, 7 Cal.3d 186.

g. The judge exceeded his role of impartial arbitrator when he practiced law from the bench by
entering in a negative my wish to go to traffic school despite the fact that I did not specifically
make a statement one way or the other on that issue pending appeal of my case.

h. The judge granted the motion to protect and observe my legal rights but failed to do so by
committing the above-enumerated errors.
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