by Djehuty Ma'at-Ra
Tell a Friend
You the American people have asked for the information from me and now you're getting it. I'm glad so many people are interested in reclaiming their rights under the law and are now willing to face their fears and learn law and go to court and contest traffic tickets.
Ninety percent of people who contest their traffic ticket in court lose because of one reason: they don't know how to argue law. Instead of arguing law (which is encoded in the Vehicle Code or Motor Vehicle Code) they argue the facts (i.e. what happened on the day of the stop or detention, which is technically an arrest) instead of arguing the law.
A traffic stop or detention is technically an arrest simply because the officer's lights are turned on which constitutes an arrest. Reference the following for your judicial edification:
"When the officer turns on the red light to pull you over, he technically places you under arrest." People v. Superior Court (1972) 7 Cal.App.3d 186, 200
However, you need to know that there are now two kinds of arrest: (1) a custodial arrest, and (2) a non-custodial arrest.
A custodial arrest is when you are handcuffed and your Miranda Rights are read to you and you are taken to the police station and fingerprinted and booked.
A noncustodial arrest is when you are temporarily detained and investigated (asked questions) and are either given a notice to appear or released to be on your merry way, perhaps with a warning (if you did something minor but the officer doesn't trip on you) or an apology from the officer (because you were inconvenienced so the officer could perform his or her job).
The new term "custodial arrest" was invented by the Legislature because the codes (statutory laws) outright stated "arrest" when an officer pulled someone over and the term "arrest" carries stipulations and implications, especially 4th Amendment stipulations and implications which could have made traffic stops very difficult for officers due to informed citizens exercising their constitutionally secured rights. So in order to make this traffic ticket scheme work, the term "arrest" had to be altered and given a secondary meaning, such as "to be issued a traffic ticket (notice to appear)."
Codes are dangerous because they can always be altered to bail out government and they usually are altered so as to bail out government and/or to add new schemes that negatively affect the people to the benefit of the State (government). That's why new codes come out every year - to reflect the changes to the codes, which are secondary laws.
It's also a lucrative market or business too for publishing companies that publish various codebooks like West Publishing Company. Just think, hundreds of new codes have to be altered every single year (due to laws being repealed and new laws being added) and law firms, courts, and law enforcement agencies have to purchase these books. We're talking millions of dollars here!
Law or the legal field is a very lucrative business. I know because I used to be in it.
Again, in order to make this traffic ticket scheme work, the term "arrest" had to be altered and given a secondary meaning, such as "to be issued a traffic ticket (notice to appear)" or "to be stopped or restrained of activity (to be investigated)" and new codes and case law books reflected this.
Consider the following for your judicial edification:
"Arrest" means any law enforcement action, including issuance of a notice to appear or notice of violation, which results in a criminal charge. California Penal Code § 1463(a)
The word "arrested" means to bring to a standstill or state of inactivity, as in arrested tuberculosis. Kassowitz v. Sentinel Co., 277 N.W. 177, 180, 226 Wis. 468
The above definitions have nothing to do with taking somebody into physical custody. You see, the original legal term "arrest" meant to take someone into custody and detaining him or her to answer a criminal charge or in some cases, a civil charge or demand:
"Arrest." To deprive a person of his liberty by legal authority. Taking, under real or assumed authority, custody of another for the purpose of holding or detaining him to answer a criminal charge or civil demand. State v. Ferraro, 81 N.J.Super. 213, 195 A.2d 227; People v. Wipfler, 37 Ill.App.3d 400, 346 N.E.2d 41, 44
So today, a traffic stop is an arrest in the sense that you have been stopped or restrained for purposes of receiving a notice to appear (so you can go to court and lose and have to pay tribute [a fine] to the System or State, at least that's what government has in mind for you).
What To Say and How To Act/Behave When Pulled Over
When an officer turns on his light or even sounds his siren, pull over immediately, but do so cautiously. Always pull over to the right and never block traffic. If you're in the far left lane or center lane and an officer gets behind you and turns on his lights and/or siren, immediately signal with your right blinker to let the cop know you are aware that you're being pulled over.
If you happen to be Black or African-American, or Hispanic or Latino, or a female of any race or ethnicity and are being pulled over at night or during the daytime but on a stretch of road where there is no people activity and you are worried about possibly being violated by a cop, when an officer turns on his lights, turn on your safety (hazard) lights, lower your speed to about 10 miles per hour or less (i.e. 5 miles) and drive to a lighted area (if it's nighttime) or where there are people present (if it's daytime, and even nighttime for that matter).
NOTE: I wouldn't advise anyone to pull over on a dark road and it is police officers, usually corrupt and/or racist ones, that justify my saying this as too many people, especially Black people, have been violated and even murdered by police on dark roads in barren places. Many females have also been violated (raped) by police officers due to pulling over on a dark road. I'm not indicting all law enforcement officials here, but just pointing out a sad and unfortunate fact that corrupt officials have given life to.
When you get to a safe place and have pulled over, turn off your car's ignition. This lets the officer know he is not in danger and that you won't drive off as he approaches the car.
Before the officer gets out of his car and approaches you, remind yourself that the worst thing that can happen is that you'll receive a ticket, and basically, there's nothing to fear or worry about.
And also, there's nothing to be upset about and therefore there's no reason to disrespect the officer or to have an attitude with the officer because in most cases the officer is simply doing his job. He gets paid to pull people over under the guise of traffic safety and public safety. That's his job! Don't take it personal!
After you turn off the ignition, keep your hands on the steering wheel in plain sight where the officer can see them. This is vital if you are a Black or African American male.
If you have your Cell Phone nearby, you can quickly dial someone in your contacts or phonebook and put the phone on speaker and tell the person to stay on the line as you are being pulled over by police. This gives you a potential witness should the stop turn foul. Place the phone in a cup holder in the car or perhaps on the passenger seat if you have no passengers at the time.
Don't roll down the window until the cop approaches the car. When the cop approaches, he'll gesture for you to roll down the window and when he does, slowly roll down the window. Remember, there's no need to be frightened. The cop is just a mere mortal man and will one day die too and have to answer before God, so keep your faith and trust in God or a higher power and don't give your power away to the cop.
There's no need to kiss the cop's ass either. The only ass that would be worth kissing is God's ass and God does not even require us to kiss His/Her ass so why should or would we kiss another human being's ass? Heck, God made us (our body) in a way where we can't even physically kiss our own ass even if we wanted to. So kissing ass for any reason is out of the equation. Just remember to be yourself and speak from your 3rd chakra or solar plexus, the seat of your personal power.
You can also ask your spirit guides and guardian angels to protect you during the stop. They are always with you. Always! The Matrix doesn't teach us this truth, but it is very true nonetheless.
Now if the cop asks why you didn't stop sooner, be honest and tell the cop why you slowed down, turned on your hazard lights, and drove to a lighted area - for your safety! You did this for your safety, and no other reason. Cops should know that cops cannot be trusted anymore on the strength that they are government officials.
Usually, the cop will either tell you the alleged offense you committed and ask you for your papers: driver's license, vehicle registration, and proof of insurance; or, he'll ask you some questions about the alleged offense (i.e. "did you know you just ran through a red light?") and then ask for your papers; or, he'll simply just ask you for your papers.
You have many options in this situation:
You can ask the cop the reason why he pulled you over (it's best to use legal terminology, like "Officer, what's the probable or reasonable cause or suspicion for pulling me over?"
NOTE: Because a traffic situation is criminal, being technical, you can use the term "probable cause" or "reasonable suspicion" during a traffic stop.
Speak with respect, kindness, and clarity of voice and nine times out of ten you'll receive the same from the officer. Remember, Universal law is always at work. Think about the Law of Attraction!
Myself personally (because I am very legally astute and know more about law than any officer pulling me over) I would ask the officer why I am being pulled over. You see, because I know law (especially California law) very well I can't be punked or threatened by any officer. My knowledge of the cop's duties (pursuant to the Vehicle Code, California case law or legal precedent which is recorded in the California Peace Officer's Legal Sourcebook), my rights, and the governing laws empowers me. I can speak the language of law successfully.
If the officer gets an attitude or resents you questioning his judgment for pulling you over, simply remain calm and let the officer simply do want he intends to do - write you a ticket. Never argue with a cop. It's useless!
Never argue with a cop for accusing you of commission of a Vehicle Code offense. On the street at the scene of the arrest is not the place to get into a legal discussion or to argue law. Save that for court.
Okay, now this is real important and you never want to forget this! Many cops will ask you a question so as to set you up for admission of guilt right there on the spot. For example, a cop may ask you: "Do you know how fast you were driving?"
This is a trick question! Remember, you still have your Constitutional 5th Amendment right to not incriminate yourself, even during a traffic stop. Yes, the 5th Amendment applies to traffic cases too! It applies to any legal case, especially if it's criminal!
If a cop ever asks you a question, exercise discretion and be judicious. Remember, traffic is not about real law or even a real crime. Traffic is a regulatory offense scheme, a strict liability statute scheme - all to raise money and make your life a bit more miserable by inconveniencing you.
So basically, get being honest out of your mind in this situation (traffic stop) because it will only be used against you later on in a court of law. It's not about honesty with government, but about being smart and knowing how to play the game to your benefit. Remember, the System wants something from you - your money! Don't volunteer your money away unless you really want to or because you like helping out government, a government that doesn't give a rat's ass about you or any of its citizens.
So if you don't know how fast you were going (driving) or you do know how fast you were going and it was over the speed limit, DON'T ADMIT IT! Simply tell the officer one of the following:
"Officer, with all due respect, I respectfully decline to answer that question!"
Now if you are astute and conscious and you know what the speed limit was (despite going more than what it stated), simply tell the officer you were driving at the speed limit. If the speed limit was 25 miles per hour and you were going 35 miles per hour, tell the cop that you were going 25 miles per hour, if you're going to open your mouth and say anything.
"But Djehuty this is lying!" Wait a minute! Know your realm, Beloved! This is law and there's no honesty 95% of the times in this corrupt American judicial system so honesty has no place in the American judicial system for the most part (though there are rare exceptions to the rule). This is not about honesty, but being smart and wise, about playing the game.
Even Jesus told us to be "wise as serpents and gentle as doves." He mentioned nothing about honesty. Being honest in certain situations, i.e. traffic stop, can be very detrimental to you. Honesty should only be practiced with other honest individuals or under circumstances whereby honesty accounts for something, something good, positive, and constructive.
Being honest with government will cause you to lose time, energy, and money. Government is not trying to make life easier for you, but harder and more miserable for you. Plus, traffic is a fraud anyway! Traffic being forced on us deprived us of our right to travel freely and without license. Traffic was originally only for people involved in commercial activity in a regulated industry.
Is the government being honest with you? Hell no it isn't!
Is the government telling you that it took away your right to travel freely and unencumbered when it forced you to apply for a driver's license which put you into a regulated industry called commerce and which subjects you to yearly taxation (vehicle registration) and random taxation (i.e. traffic tickets)?
Is the government telling you that your federal income tax dollars don't pay for one single government feature, function, or attribute but goes to pay off the national debt (or the interest of the national debt) which goes to the stockholders of the privately owned Federal Reserve Bank?
Is government telling you that your Social Security card is proof that you are a U.S. citizen and subject to the rules and regulations of Congress and makes you a citizen of the territory Congress controls?
Is government telling you that your birth certificate constitutes proof of your being delivered into commerce as property of the State (government)?
Why would you be honest with a dishonest government? So I'm not advising anyone to be honest with government pertaining to anything pseudo in nature, i.e. a regulatory offense or a strict liability statute. I'm simply stating that one would be wise to use wisdom and intelligence when dealing with government and it only makes sense when you know how corrupt our government, all branches of it (federal, state, and local) really is.
Honesty has no place in traffic court! The only thing that has a rightful place in a traffic court case is: the facts and the law (Vehicle Code and case law). Nothing else!
If the cop says I clocked you going at 35 miles per hour, I would simply retort, "Officer, according to my speedometer, I was going 25 miles per hour."
Basically, people, don't make the cop's job easy or easier than it has to be. Make them work for that money they want from you. That's all I'm saying! Everything a cop says, or more importantly, writes or checks off on a traffic ticket (notice to appear) has to be proven in court. So say your peace on the street and make the officer come to court and work (prove what he wrote down).
Also, it is very important for you to know that the least you say to the officer the better. Your answers or responses if any should be "yes" or "no" or "I respectfully decline to answer that question."
And don't worry about if the cop suspects you of being guilty of something because you exercise your 5th Amendment right not to incriminate yourself. A lot of times, government officials will assume someone is guilty because they exercise their right not to talk, but there is case law to the effect that clearly states that exercise of a right cannot be converted into a crime.
Is not the 5th Amendment Self Incrimination Clause a right? Of course it is, so how could it be a crime if you exercise the right given to you?
Consider the following:
"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. U.S. (5th Cir. 1956) 230 F.2d 486, 489
"The claim and exercise of a Constitutional Right cannot be converted into a crime. A denial of them would be a denial of due process of law." Simmons v. United States (1968) 390 U.S. 377
The Founding Fathers created the Constitution as a safeguard for the people against the possible tyranny of government. The Constitution protects the people from the government. The Constitution restricts government (agency and agent).
If an officer becomes irate at you for exercising your rights, that's the officer's problem, not yours. You are merely doing what the law permits. Period! Just focus on the fact that you are standing on what the law permits because in a court of law, at the end of the day, the only thing that matters is law, not facts.
Law or questions of law can be appealed, but the facts of a case cannot. That's why people make a mistake in traffic cases when they argue the facts of the case rather than what the law is and what the law states, so when they lose in court and attempt to appeal, the appeal is shot down simply because facts are not appealable, only issues of law are, i.e. what the actual code section states or what legal precedent states. Always argue based upon what is written down in a law book, be it a codebook (i.e. Vehicle Code) or a reporter, i.e. California Reporter, Southwest Reporter.
NOTE: A reporter is a name for a collection of case law for a particular state or a few particular states. The California Reporter contains California courts case law. The Pacific Reporter contains case law for California, Washington, and Oregon.
Many times an officer will become irate with you and threaten you, like saying "I will arrest you and take you to jail!" This threat only works on ignorant people. No cop can take you to jail without cause, i.e. probable cause (which means suspicion of criminal activity).
Now what is your probable cause to be arrested during a routine traffic stop? Exercising your rights to an irate cop who's pissed off because you know your rights and are not afraid to exercise them? That would never hold up in court. First of all, you must know that the Vehicle Code is the sole authority for a cop making an arrest (custodial arrest) for a traffic offense.
A cop can arrest you without a warrant ONLY to take you before a magistrate for a prompt probable cause hearing. You can't be booked at any time when your arrest is made for you to be immediately transported before a magistrate:
"The court noted that under the conditions of the Vehicle Code the arresting officer could either issue defendant a citation or take him before a magistrate without unnecessary delay, and the Vehicle Code section, setting forth the procedure required when an offender is taken before a magistrate, does not, either directly or by inference, provide for a booking prior to appearance before the magistrate." Agar v. Superior Court, 21 Cal.App.3d 24; People v. Ramirez (1984) 154 Cal.App.3d Supp. 1
He can't arrest you and take you to jail and book you, not for talking back to him, not for refusing to sign a ticket, or not for exercising your rights. He can only arrest you temporarily and that is to take you before a magistrate to justify further restraint and if a magistrate is not available (perhaps due to the time of day) the Vehicle Code instructs the cop what to do alternatively.
Consider the following:
"Mandatory Appearance Before Magistrate." Whenever any person is arrested for any violation of this code, not declared to be a felony, the arrested person shall be taken without unnecessary delay before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made in any of the following cases: (a) When the person arrested fails to present his driver's license or other satisfactory evidence of his identity for examination. (b) When the person arrested refuses to give his written promise to appear in court. (c) When the person arrested demands an immediate appearance before a magistrate. California Vehicle Code, Section 40302
"Vehicle Code section 40302(a) is couched strictly in mandatory terms. It declares that when a person cited for a violation of the Vehicle Code not declared to be a felony, he shall be taken without unnecessary delay before a magistrate when he fails to present his driver's license or other satisfactory evidence of his identity for examination. Section 40302 prescribes the procedure for arrest of a Vehicle Code violator. Upon analysis it will be seen that one cannot be arrested on the authority of 40302, which is not penal in nature and cannot form the basis of a lawful arrest." People v. Superior Court, 7 Cal.App.3d 186
Okay, to move on or get back to the gist...
Other times (during a stop) a cop will say: "I can make your life miserable and write down all kinds of violations." Yes, he can write down all kinds of violations on the traffic ticket, but remember, he must come to court and prove every one of them, well, especially when you plead "not guilty" in open court at your arraignment. Reference the following:
A "not guilty" plea puts government to its proof on all elements. U.S. v. Zeull, 725 F.2d 813; U.S. v. Roberts, 613 F.2d 379, 383
There you have it! If you plead "not guilty" the officer has to come to court on your trial date and prove that you violated every single element of a code section or provision. You will learn how to break down elements of code sections and provision in a different article ("Traffic Ticket: Preparing For Trial").
All code sections have elements that must be proven and if a cop can't prove just one single element of a few elements, then the case must be dismissed and again, I will help you to learn how to break down code section elements for purposes of your cross examination of the cop during your trial. It can actually be a lot of fun in court when you understand the process and know what you're doing and saying.
Also, you can submit in "discovery." Discovery is a legal process where you can request documentation from the officer before the trial. You can request a copy of the officer's copy of the ticket whereby he writes down certain facts during the traffic stop, like the condition of the weather, what you are wearing, what you said to him during the stop, etc. You will also learn about this process in a different article ("Traffic Ticket: Arraignment" and "Traffic Ticket: Preparing For Trial").
Pursuant to Rules of Discovery, you can request that the officer send you any applicable and relevant information pertaining to the traffic stop and the charges he's accusing you of and if he fails to do so, the case must be dismissed because in failing to send you your discovery responses, the cop prevents you from making your case (defense) and thus deprives you of due process of law which is your right under the law (14th Amendment).
As I always tell you: all law offers remedy and recourse, but you won't know this if you remain ignorant. Too many people are ignorant and cowardly and lazy pertaining to law and knowing and exercising their rights and that's why our country is so jacked up and we are treated like slaves by our own damn government that is supposed to be working for and serving us.
We have been punked and made into bitch made citizens!
Okay, so during your stop, it's best to speak less, speak in legal terms, speak with clarity, kindness, and respect. Ask the reason for your being stopped and the cop will either answer you or ignore you and request your papers at which time simply hand them to the officer so he can do his thing which he is programmed and paid to do; so don't be mad at him - robots do as robots are programmed to do. Don't take it personal!
Don't let a cop trick or incite you into developing an attitude or coming down to his level, frequency or vibration-wise. Many cops want this and want you to go there so they can justify themselves in writing you a ticket and/or giving you a hard time. REMAIN CALM, CENTERED, and FOCUSED! Know the game! That's all it is - a game! It's not real law because there's no injury to a real person or their property.
When it comes time for you to sign the ticket (notice to appear) you should first carefully read everything the cop has written on the ticket making sure all information is right or correct before you actually sign the ticket. Most importantly, make sure you can read the cop's name and serial number. If you can't, kindly request that the officer write his name and serial number more legibly, or, ask the cop for a business card.
If the officer refuses your request (to write legibly on the ticket), let the officer know you need this vital information for future purposes and that you will need to get a piece of paper or something (inside the car) to write on so as to get the get his name and serial number.
If the cop says: "Sir/Ma'am, if you don't sign this ticket I'm going to arrest you!" Personally, I'd be like Clint Eastwood's Dirty Harry character and say: "Make My Day!" But that's me! You'd be wise to sign the ticket and just prepare to contest the ticket in court.
Questions you can ask a cop if you're threatened with jail:
"Officer, you are going to make an arrest because someone asked you to write clear or legibly so they can read the ticket they are being issued?"
"Officer, what law book authorizes such action?" "What section of the Vehicle Code authorizes this?"
"Officer, every arrest must have authority and according to law, the person making the arrest must inform the person to be arrested the nature and authority of the arrest."
Now if it was me personally, I'd be like: "Officer, according to California Penal Code the person making an arrest must inform the person being arrested the nature of the arrest."
It is wise to let an officer know that you only see the codebook as the law and/or authority, and not him (though you respect his position and duty in society in preserving the peace).
Let an officer know that you go by and respect the law; this way, if the officer violates you for going by the law, the officer becomes a lawbreaker himself and thus is subject to civil suit. An officer must have authority for his actions. A cop cannot do whatever he wants simply because he wears a badge and has a gun. Even cops have laws and rules and procedures they must go by. The same codebook the cop cites you for violating also prescribes the procedures he himself must follow when stopping you or taking you into custodial arrest. Always remember this!
You see, this (above) is legalese! You've got the officer now! You've made him think about authority. An officer is not the authority. The codebook is the authority. The cop is only enforcing the code. A cop (due to ego) may tell you that he's the law or the authority, but that's BS and every officer knows that. Cops answer to higher ups just like everybody else does. If cops were the authority they could never be suspended, demoted, or sued civilly. Cops would never have to answer to internal affairs.
You see, an officer can exercise discretion but only to things clearly spelled out within the code (Vehicle Code). Some things in the Code call for discretion and other things are mandatory.
Also, please remember that if you have a very difficult time with an officer, you can request that cop to call his sergeant to the scene of the traffic stop. We used to do this all the time in Los Angeles. Usually sergeants are more professional and cooler than their field officers.
Sign your ticket and never let the cop know that you are planning on contesting the citation in court. If you say anything to the cop after signing the ticket and receiving your copy of the ticket (notice to appear), it would be best (and wise) to say something like "I'll pay this ticket in about 3 weeks and be done with it" knowing full well you are going to contest this ticket in court.
Your goal is to throw the cop off and make him think you will pay the ticket instead of going to court to fight it, but nowadays and because of your learning the legal game due to these articles here, you are fighting every single traffic ticket to make these government agencies and officials work for every single cent they want from you and the good thing about it all is that you're using the law to do it.
So that's right! Make their asses work for that money, just like a hoe does! This is the mentality you must have. You're in the Matrix! You can still be spiritual and what not, but just know the realm you're in. Traffic places you in the legal realm. This realm has its own rules and procedures; it has its own language, which is law.
You must learn how to play it. Receiving the traffic ticket begins the game. The traffic ticket is your admission into the theatre of law. It's nothing but a staged production. A ticket grants admission and when you get a traffic ticket you have just received admission to go to court to be in a production whereby you are acting like a defendant in a real crime, but the only thing is, there has been no real crime; only alleged violation of a statute.
NOTE: A real crime involves an injury to a real live person and/or real property.
Again, court is nothing but a staged production. Court is a stage and a stage is where actors act. The commissioner is the "acting commissioner." The judge is the "acting judge." The prosecutor is the "acting prosecutor." These people are merely acting, acting like de jure government officials when in fact they are all merchants - merchants in commercial law.
Well, hopefully you now know what to say and what to do during every future traffic stop based upon what you read in this article.
Knowing the law and your rights can be very empowering!
More articles on traffic (tickets/cases) coming soon!
Thank you for reading!
This article is compliments of Djehuty Ma'at-Ra.
Additional articles by Djehuty available @ http://www.dherbs.com/articles/