Unlawful Stop Violation

Why do people insist in installing yellow lights anyhow? Just because they can, dosen't mean they should. Yellow generally dosen't illuminate as far or as clearly as white. Just make sure you conform with 24407 vc with your yellow bug attractors you installed to the front of your car (Honda I'm guessing). You do understand you stand out like a sore thumb to law enforcement at night...right?

At the trail please use the William Wallace quote from Braveheart.

Here's some info for you...

If everything you state is correct and true...

Short gist: Because the "officer" supposedly took an oath of office to uphold the constitution in the performance of their duties, and as you have clearly stated, your "headlamps" are completely within the "regulations", the "officer" has clearly violated his/her oath of office and can/should be held liable for tort claims.

If in the course of their actions they violate your rights as a Citizen of the state of California, they are no longer acting within their office and are acting outside the protection of the state. They have no immunity from tort claim and you should sue them in their personal capacity. If they are married, you should also attach their wife/husband to the suit for benefitting from their spouses unlawful actions. I'm not kidding. It works.

You will have to either A) hire a lawyer to do all the work and research for you and then pay them for their time and such, or B) do a lot of research on your own, learn the laws, and file the suit on your own, but it can and should be done. Knowledge of this stuff can only help you now and later in life... it would never hurt to know more about the law.

Otherwise, go to court, tell the judge your lights are yellow, quote him the related statute, demand a dismissal, and go about your business.

Side note: Because the ticket says "on or before" you can go in any day before the final date, ask the court clerk to see your record, file an affidavit in your record that states everything you see within your record... if there is nothing there, write that it is empty, file that into your record and tell the court clerk you have formally made an appearance as you promised and you want to see the magistrate... if they say the magistrate is busy or come back when we get you a court date or whatever, tell them they must from then on notify you by mail with a "true and proper" summons for any further dealings with the court as you have fulfilled your "promise to appear".

In all traffic citations I suggest you screw them over hard because that's what they are trying to do to you! If they have a rule they are supposed to follow and they don't, Nail them on it! In most states, there is supposed to be a verified complaint filed in order to have a court case. The ticket is not a complaint, nor is it a summons. Nail them on it. If your file is empty, obviously no verified complaint has been filed, Nail them on it. If they do things by electronic record, but the laws still say they have to have "paper trails" and they don't, Nail them on it!

They WILL try to screw you over, you should do the same to them.

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Quoting Redbeard

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If in the course of their actions they violate your rights as a Citizen of the state of California, they are no longer acting within their office and are acting outside the protection of the state. They have no immunity from tort claim and you should sue them in their personal capacity.

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While an officer is on the clock, they act under "color of law". They enjoy qualified immunity if sued. This can be overcome, yes, but at times is not easy. Yes you can sue them in thier personal capacity, so what.

Even when an officer is off duty, say as security at a mall, they still may be considered acting under color of law for thier acts. I have a citation for that if you want, but if no, I won't get out my case notes yet.

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If they are married, you should also attach their wife/husband to the suit for benefitting from their spouses unlawful actions. I'm not kidding. It works.

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HUH!! How can a wife be joined under the civil rules as a co-defendant?? Permissive joinder; Compulsory joinder; How?

Violation of oath of office strips the "peace officer" of his immunity to be sued. It's because he's not acting within the law. If a "cop" suddenly tries to blackmail me, he's violated his oath of office. If he charges me with a made up crime, he violates his oath of office. If he knows the law (which he is supposed to be far more educated in it than I) and I inform him that I am within the law with my "yellow headlights" and he still charges me with that crime, he violates his oath of office. If he does it with his supervisors knowledge and they don't try to stop it, that person as well can be sued. They become an imposter of the office. Guys dressed up in funny looking clothes handing out funny looking pieces of paper, carrying lethal weapons. They are supposed to protect your rights, not trample them.

As to how their wives/husbands can be sued:
Accessory after the fact. The spouse directly benefits from the imposters unlawful actions. You sue both so that if they have valuable assets in their wife's name, you can get that too. It's as if she's the getaway driver for a bank robbery. She benefits from him breaking the law, therefore she is open for lawsuit as well.

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Quoting Redbeard

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Violation of oath of office strips the "peace officer" of his immunity to be sued. It's because he's not acting within the law. If a "cop" suddenly tries to blackmail me, he's violated his oath of office. If he charges me with a made up crime, he violates his oath of office. If he knows the law (which he is supposed to be far more educated in it than I) and I inform him that I am within the law with my "yellow headlights" and he still charges me with that crime, he violates his oath of office. If he does it with his supervisors knowledge and they don't try to stop it, that person as well can be sued. They become an imposter of the office. Guys dressed up in funny looking clothes handing out funny looking pieces of paper, carrying lethal weapons. They are supposed to protect your rights, not trample them.

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I said QI must be overcome, I did not say it was impossible, you miss my point.

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As to how their wives/husbands can be sued:
Accessory after the fact. The spouse directly benefits from the imposters unlawful actions. You sue both so that if they have valuable assets in their wife's name, you can get that too. It's as if she's the getaway driver for a bank robbery. She benefits from him breaking the law, therefore she is open for lawsuit as well.

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Huh??

What profit was realized by the officer who falsely arrested you so you can co-sue the wife??

Sorry for missing your point there BOR.

As to profit realized by the officer: when he receives a paycheck from the public for performing his duty, when in all actuality he is impersonating an officer, he is performing a fraud upon the public. His paycheck is his profit.

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Quoting Redbeard

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Sorry for missing your point there BOR.

As to profit realized by the officer: when he receives a paycheck from the public for performing his duty, when in all actuality he is impersonating an officer, he is performing a fraud upon the public. His paycheck is his profit.

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Can you cite any case law here the officer was sued in an INDIVIDUAL capacity and named the spouse wife as a co-defendant?

Hi Everyone,

I got a traffic ticket recently saying that “ failure to stop at stop sign”. The situation is that there were some kind of road construction on the road. So after the construction, the roads are brand new, and there is no line on the stop area, which it used to have the line. But there is a STOP sign near the passenger side walk. I did stop at the stop sign, however I passed the line since I can’t see any line on the road. I want to know if I should go fight the court for my case with the picture of showing that there is no line. And if I lose the flight, will I still be able to go to traffic school ? the violation code is 22450(a). the speed is 15 mile on the traffic ticket. Any advice will be appreciated.

Thank you

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Quoting beamie

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Hi Everyone,

I got a traffic ticket recently saying that “ failure to stop at stop sign”. The situation is that there were some kind of road construction on the road. So after the construction, the roads are brand new, and there is no line on the stop area, which it used to have the line. But there is a STOP sign near the passenger side walk. I did stop at the stop sign, however I passed the line since I can’t see any line on the road. I want to know if I should go fight the court for my case with the picture of showing that there is no line. And if I lose the flight, will I still be able to go to traffic school ? the violation code is 22450(a). the speed is 15 mile on the traffic ticket. Any advice will be appreciated.

Thank you

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