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"Obstructing Governmental Administration in the Second Degree"

Discussion in 'Beginner's Forum' started by Ra.El, Sep 7, 2015.



  1. Ra.El

    Ra.El New Member

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    I'm in a court case and I've been doing a bunch of research which has lead me to this website. I originally planned on making a Motion to Suppress Evidence but now I see that would cause more harm than good.

    I was pulled over for 15 over the speed limit, I asked the officer if there was any injured party, and tried explaining that I was not driving. He asked for my drivers license 3 times then ripped open my door and told me that I was under arrest for "Obstructing Governmental Administration in the Second Degree". There's case law that states you cannot make a right into a crime which from my understand is what he did. This then lead to my car getting searched or what they called "inventory", I did not consent, they found illegal substances, and I had a suspended driver's license. After the night in jail when I went to the judge I attempted to challenge jurisdiction, and asked if this was an admiralty court or if it was a common law court. She said it was a criminal court. I said the yellow banner flags signifies that this is an admiralty court and I do not agree to enter into a plea. She made it seem like she didn't enter me into a plea but gave me a court date to come back and told me to get a lawyer. When I went back I attempted to challenge jurisdiction with a bunch more case law and she told me that she entered me into a plea on my behalf and said that I should file a motion for next court case.

    I was going to make a motion to suppress because it was an unlawful stop and seizure and you cannot convert a right into a crime, but I want to be able to make a special appearance when I go to court. Does anyone have any guidance they can give me? I also found "Marc Stevens Style Motion to Strike/Dismiss" which would see to help out alot. But again it is a motion, so would I just be able to change it from a motion to a affidavit?
     
  2. michael59

    michael59 heads up-butts down Platinum Bling

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    Curious as to how this all came out?

    By entering a plea the judge assumes jurisdiction and is acting contractually for you. I would suppose this makes the administrative law judge your buddy. You needed at that time to refute this act with a question. Such as 'are you my lawyer now?' Or, you can make a statement of fact but that is only going to dig the burr in deeper, depends how deep you want to drive the festering sliver.

    Oh well, on to scout out jurisdictional matters.
     
  3. Joe King

    Joe King Gold Member Gold Chaser

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    I have no way of knowing for sure, but I'd say it's highly likely he got the max on everything.

    The fact he has a DL is proof he had previously agreed to abide by all the laws he was charged with breaking. You cannot go apply (ask for permission) for a drivers license and sign on the dotted line that you agree to be bound by the traffic code of your State, and then think by saying magic words you will be permitted to blatantly violate said traffic code.
    ...and the substance charge he got was a direct result of his traffic code violation. He f'ed up by rollin' dirty while disregarding basic traffic laws. Ie: was his own worst enemy who then made it worse by runnin' his mouth about things he did not himself fully understand.


    Edited to add: this typifies a recipe for disaster, what this guy describes having done.
     
  4. michael59

    michael59 heads up-butts down Platinum Bling

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    Remains me of myself, it does, the tillting at windmills.
     
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  5. gringott

    gringott Killed then Resurrected Midas Member Site Supporter

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    I once was stopped by a State Cop on the xpressway in Chicago, while driving my brother-in-law's truck which had a headlight out.
    Turns out my DL was suspended, I did not know, as I had moved and never got the letter.
    Long story short, I went to court [Chicago court]. The old Irish judge was convicting them left and right, and pretty mean about it too. After about 35 cases before mine, each one found guilty and also verbally abused, I figured I was up the creek without a paddle.
    So when I got up there, and was asked my plea, I said, hey, what's the difference? Seems a finding of guilty is the only possible option in this court. The judge, insanely, seemed interested, he asked if I had a lawyer, I said no, he asked an attorney to speak to me out in the hall. I went out there and explained the story I wrote at the top. He went back in, told me to stay outside the court room. About an hour passed and he came out, told me to plead not guilty. I came in and did. The judge found me not guilty and I walked.

    lol.
     
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