Posted by James Vernon: Allison on September 14, 1997 at 09:06:19:
On March 31, 1997, I purchased a 1997 Plymouth Neon, and received the Manufacturers Certificate of Origin. I now hold absolute title to said conveyance. I have never registered or titled said conveyance through the State Of Arizona or any other State Of.
Soon after purchasing said conveyance, I wrote a letter to 18 government officials demanding answers to questions about title and registration laws because I have read many court decisions that say that the states can not tax or license a persons right to drive their automobile and I wanted to find out if in fact, the court decisions were true or not. The only responses that I received were ones that said that the letter had been forwarded to another agency, or that if my Ďvehicle is required to be registered, then it must be registeredí.
I was stopped, detained and arrested on August 21, 1997 for various violations of Arizona Revised Statutes, including 28-1075.B upon alleged grounds that I was an operator and failed to provide identification, and A.R.S. 28-326.B.1, upon alleged grounds that I had fictitious plates, and A.R.S. 28-326.C, upon alleged grounds that I was in an unregistered vehicle, and A.R.S. 28-1253.D, upon alleged grounds that I had no proof of insurance, and A.R.S. 28-701.A, upon alleged grounds that I was using an imprudent speed, and that said officer issued citation number 5339294, upon which said officer cited A.R.S. 28-411.A, upon alleged grounds that I had no Arizona drivers license, and A.R.S. 28-909.A, upon alleged grounds that I was not wearing a seat belt.
I was locked up on the evening of August 21, 1997 and released on O.R. the following day. I was to appear for arraignment on September 2nd 1997.
On August 27, 1997 I filed into the Phoenix Municipal Court many memorandums, an affidavit and a Motion To Dismiss For Want Of Subject-Matter Jurisdiction
On September 2nd, at approximately 8:40am, I appeared before judge Kramer, when called, and stated that I was there by Special Appearance to challenge the jurisdiction of the court. He said something to the effect of "You understand that you are hear appearing generally to enter a plea", I then stated something to the effect of "No, I am here specifically to challenge the jurisdiction of the court". He then said something else, and I again stated "No, I am here specifically to challenge the jurisdiction of the court". He then said something to the effect of "O.K., no action taken, youíre free to leave, there will be a warrant issued for your arrest this evening for failure to appear". I then left the court room and immediately made a hand written notice to the court of what had just transpired, and then entered it into the court record.
A warrant was issued for my arrest on the evening of September 2nd. On September 3rd, 1997, I made many phone calls to the court trying to get an explanation of why I had a warrant out on me for failure to appear when in fact, I had appeared to the court and challenged jurisdiction. The court then cancelled the warrant, and then re-issued it.
When I talked to the court after the re-issuance, they stated that the warrant was for failure to appear because I didnít make a plea. I still donít understand their motives for their lies, as I know for a fact that a challenge of jurisdiction is a lawful plea.
On the evening of September 5th, at approximately 6:00pm, I decided to travel to a friends house to pick up the Arizona Rules Of Court, to find the section that dealt with pleadings, so I could show the court, in itís own rules, that a challenge of jurisdiction is valid, and once jurisdiction is challenged, that it must be proven. Approximately a mile and a half from my house, I noticed flashing lights behind my conveyance. I said to myself "aha! They were waiting for me, this sure looks like a case of malicious prosecution" I then made a U-turn so that I could get back home. On my way home, I came to a red stop light at 36th street and Thunderbird. I then stopped for the light. While waiting for the light to turn green, I noticed that there was what looked like police officer standing at my drivers side door, I then noticed that my passengers side door had been opened by what appeared to look like a police officer at which time the alleged passenger side officer stated "Donít even think about it". I then decided that I should follow his orders to the letter, so I stopped thinking about it and put my foot to the gas and drove off. I think the stop light still may have been red, however, I am not sure, because I wasnít thinking about it as per the order I received. I then continued home, as any sane person would have. I got to my house safe and sound, pulled into my driveway, turned off my conveyance, got out of it and went into my house.
At approximately 8:30pm the above mentioned night, there was loud knocking at the front door of my house. Being in fear for the lives of my wife, myself and my children, and knowing that there was already an illegal warrant out for me, I didnít answer the door.
On the morning of September 6th, 1997, my wife went outside and noticed that there were tickets on our two cars for violations of unregistered vehicles. She also noticed that there are one or more vehicles in the neighborhood that havenít been seen before. Boy, they got me paranoid!
On September 8th, 1997, I sent two friends down to the court house to get a copy of the warrant, and believe it or not, the court quashed the warrant while my friends were there! They said that the judge didn't follow the rules, and he should have entered a "not guilty" plea for me instead of issuing the warrant. So now they say that the judge entered a plea for me and I have a pre-trial conference on October the 3rd. There seems to be no mention of the incident that happened when I was chased by the two cops, and they have not been back. My wife, who is still in the system, went out and financed a new car so that she could get around without hassle, however, our rights have clearly been violated.
This is my story, thus far. I know I am in the right, but I am having a hard time convincing them of that fact. If anybody can offer me some suggestions and direction, I sure would appreciate it!
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