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6393 Version 1.01. The skateboard motion from Florida. Charles Sprinkle, Ojai California, 805 640 0439. chas@ojai.net
This page is www.lawyerdude.s5.com/6393.html
Related pages:
Here is a way better motion: Humvee motion converted for use in all states: http://www.fu.gq.nu/humvee.html
This page is listed in Charlie’s chronology of his case at: http://www.fu.gq.nu/charlie.html http://www.circuitlawyer.8m.com/traffic.html
There are better motions listed here. http://www.fu.gq.nu/6756.html
Humvee Motion by Cyril. Beautiful motion. It is still in court. http://www.fu.gq.nu/6974.pdf Must click through the Humvee motion to get to it.
This motion below is the very same identical motion that Theo used to win his case: http://www.fu.gq.nu/theodem.html When I posted Theo’s motion I have to make the same improvements to formatting. Use Theo’s version at the foregoing link; I spent more time on that one.
Cadillac Motion from Steve Laubly: http://www.laubly.com/cadillac.htm
Latest: See the list of motions in the Paul Douglas Weldon case from California: http://www.lawyerdude.netfirms.com/7133list.html http://www.lawyerdude.netfirms.com/3humvee.html http://www.lawyerdude.netfirms.com/weldon2.html http://www.lawyerdude.netfirms.com/3humvee.html
See also my list of winners: http://www.circuitlawyer.8m.com/traffic.html
From:
Charles Sprinkle
Ojai California
805 640 0439
chas@ojai.net
IN THE CIRCUIT COURT OF THE __TH JUDICIAL
Your town, Your state
The Prosecutor and clerk dba under false color of law as
“The People”
vs.
One of the actual “people”, me, Sui Juris
Case No.: _______________________
Judge _______________________
Defendant’s Motion to Dismiss With Prejudice
Venue for Hearing on this Motion:
Time:
Date:
Courtroom Number:
Motion to Dismiss with Prejudice
Now comes the Defendant-in-error, My-Real: Name, a living soul, without assistance in the above-entitled action, who makes this Special Visitation before this Honorable Court and moves this Honorable Court to Dismiss this Matter with Prejudice.
The people of the state have not filed a certified Final Administrative Determination. The people of the state of Florida have failed to make a claim that this Court can hear as per the Administrative Procedures Act. There is no “Agency Final Administrative Determination” in the record. This court has nothing to Review. The State has not exhausted its Administrative remedies. Therefore, the “court’ lacks Subject Matter Jurisdiction. To move this Court forward without exhausting Administrative remedies, will deprive the Accused “Due Process of Law”, a violation of Constitutional Law.
Memorandum of Law
Here are a few Supreme Court cases that back my position:
“Where Rights secured by the Constitution are involved there can be no rule-making or legislation, which would abrogate them” Miranda v. Arizona (1966) http://www.lawyerdude.netfirms.com/miranda.html 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694, 10 ALR 3rd 974 and 59 other ALR treatises .
“The claim and exercise of a constitutional right can not be converted into a crime.” Miller v. U.S., 230 F 2d 486, 489.
“There can be no sanction or penalty imposed upon one because of his exercise of constitutional Rights.” Sherar v. Cullen, 481 F. 945.
“No state shall convert a liberty into a privilege, license it, and attach a fee to it.” Murdock v. Pennsylvania http://www.lawyerdude.8k.com/murdock.html 319 U.S. 262.
“If the state converts a liberty into a privilege the citizen can engage in the right with impunity.” Shuttlesworth v. Birmingham http://www.lawyerdude.8m.com/5090.html 373 U.S. 262.
“If you’ve relied on prior decisions of the Supreme Court you have a perfect defense for willfulness.” U.S. v. Bishop, 412 U.S. 346.
Officers of the court have no immunity, when violating a constitutional right from liability for they are deemed to know the law.” Owen v. Independence, 100 S. Ct. 1398.
“The court is to protect against encroachment of constitutionally secured liberty.” Boyd v. U.S. (1886)116 U.S. 616.
“An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection’ it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton v. Shelby County, 118 U.S. 425.
“Proceedings in a court are legally void where there is an absence of jurisdiction.” Scott v. McNeal 154 US 34; Re: Bonner, 151 US 242.
“The exercise of a constitutional right cannot be the basis of a crime.” Marchetti v. US, 390 US 39, 57; See v Seattle 387 US 541.
“The Fifth Amendment mandates that all judicial proceedings must proceed by due process. Since all judges take an Oath of Office to uphold the Constitution, and the Supreme Court has additionally held that government employees who violate any law in the performance of duties do not represent the government, should we conclude that adjudication that is not within constitutional requirements nullifies any claim to jurisdiction? Surely it does. This is the only guarantee that a court of admiralty, a star chamber proceeding, a kangaroo court, or an arbitrary proceeding by whatever name does not occur. That court proceedings must be within constitutional provisions has been forcefully established by the Supreme Court.” Muskrat v. United States http://www.lawyerdude.s5.com/muskrat.html ; Smith v U.S (1959) 360 US 1 http://www.fu.gq.nu/smith.html ANY action involving a citation or ticket issued, confiscation, impoundment or search and seizure of my private property by a police officer or ANY other public servant or employee which carries a fine or jail time is a penalty or sanction, thus converting a right into a crime.
ANY citation or ticket is thus NULL and VOID. Under every circumstance without exception, government officials must hold the Constitution for the unites states of America (1791) and the Florida Constitution 1838 supreme over ANY other laws, regulations or orders. Every police [executive] officer or judicial officer has sworn an oath ot protect the lives, property and rights of the Citizens of the united states of America under the supreme law of the land.
ANY act to deprive state Citizens of their constitutionally protected rights is a direct violation of Oath of Office, a felony and a federal crime.
Signed ______________, Sui Juris. Date___________
Proposed Order
The court having read and considered the argument of the accused now hereby orders that this case be dismissed with prejudice. So Ordered.
Signed ______________________ Date __________
Judge of the Traffic Court / Superior Court
End of the Motion/ Order.
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