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COMMON LAW DEFAULT PROCESS


FOR TRAFFIC TICKETS +!!!GUIDE
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TABLE OF CONTENTS





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WHAT IS THE COMMON LAW DEFAULT?

NOTE: From here forth, the use of the word 'person' means, a fIesh and bIood sovereign man or
woman, unless otherwise specified.

A formal legal process known as the legal deIault` was developed under the common law as a
method to settle legal claims outside of court. The common law default holds that any person
(including legal fictions) making a legal claim against a person must uphold their claim by
timely rebutting the counterclaims of the defendant. If not, they enter into legal default and upon
defaulting, they lose all legal right to their claim.


THE COMMON LAW DEFAULT ESTABLISHES OUR
SOVEREIGN STATUS AND THE FACT AS SOVEREIGNS
WE ARE NOT SUBJECT TO THE STATUTE LAW

The common law default for traffic is an excellent way in which we can lawfully and peacefully
notify our servant government and courts of their errors and trespass against us sovereigns of the
flesh, and to demand they respect our superior status as one of their sovereign creators.
The true power of the common law default is based upon three simple, but very powerful
elements; (1) your sovereign status as a man or woman, (2) the fact that the common law reigns
supreme to statute law, or the law created by acts of legislature, and (3) the common law default
having been long established in law.
The common law default has even been incorporated into civil law under the federal and state
rules of civil procedure, and therein it is known as a civil default. The civil default is widely used
every day in civil law today.
Why use a common law default when a civil default exists within the statute law? The first and
most important reason is because, the common law is a body of law created by and for
sovereigns. Common law has nothing to do with the affairs of the subservient state, except in its

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ability to protect sovereigns from attempts by the subservient state to unlawfully attack and
injure sovereigns.
Another important reason why is, because the common law default does not distinguish between
civil or criminal. It is applicable to both. This is important in traffic tickets cases, because they
are tried both in civil and criminal court hearings. Often when a judge is asked in open court,
whether or not a traffic case is being tried in a civil or a criminal proceeding, the judge will
refuse to state which it is, or avoid giving a definitive answer by saying, 'its traffic court.
Courts of sovereigns, or common law courts, are establish under Article III of the Constitution of
the United States of America. However, we sovereigns have been unconstitutionally deprived of
these common law courts of sovereigns by those holding onto the reins of power in government.
They have gained unlawful power and control over sovereigns, though the trickery of devising
undisclosed contracts and using them to subvert the rights of sovereigns of the flesh.
Judges sitting on the bench in the statute courts use undisclosed contracts, such as the birth
certiIicate, the social security card, the driver`s license, the voter registration card, jury service
questionnaire form, and so on, to take silent judicial notice that the sovereign has entered into his
or her court as a legal fiction, and a Fourteenth Amendment citizen, or property of the state. In
this deceitful and wicked manner judges justify their judicial tyranny of wallpapering over the
unalienable rights of sovereign men and women.
The common law default documents that you have purchased, sets the state and the court straight
about who we are. Not that this should be required. However, since the courts choose to
automatically view us sovereigns as Fourteenth Amendment citizens, and/or legal fictions
governed by undisclosed and/or implied contracts, we must notify them of their error, or we will
be left to suffer the consequences of being tried as such.


THE TWO WAYS THAT COPS FORCE THEIR
VICTIMS TO APPEAR IN TRAFFIC COURT

Cops either write the victim of a traffic stop a Notice to Appear and then have the victim sign a
Promise to Appear, or they will hand the victim a Judicial Summons.
In most states cops issue a Notice to Appear contained within the traffic ticket and then ask the
victim to sign a Promise to Appear, which is a contract whereby the victim agrees to voluntarily

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appear in court on the traffic charge. Of course if the victim refuses to sign the officer will place
the victim under full arrest and then take them to jail, where the victim must pay bail in order to
gain released. Any signature on a contract compelled under duress is not a lawfully binding
contract. Of course judges regularly ignore this fact of law when they issue a warrant the
victim`s arrest Ior Iailure to appear, iI the victim does not appear in court as promised.
In some states the cop issue a Judicial Summons to victims of traffic stops. The victim is not
required to sign anything, bur allegedly under court order to appear in court at a certain time and
date. The lawful problem with the cop issuing judicial warrants is, the cop is a member of the
executive branch of government and a judicial warrant must be issued by a judge, who is a
member of the judicial branch of government. This action violates the Separation of Powers
Clause of the Constitution. Also, the warrant is unsigned, which is another violation of law and
the Constitution.



WHAT EXACTLY IS TRAFFIC COURT?

Asking a traffic court judge to inform you about the type of court you are in, is akin to Alice
asking the Mad Hatter for the time of day. Just as the Mad Hatter will always leave Alice
perplexed about the real time of day, traffic court judges will do the same to people asking what
type of court they are in.
Ask a traffic court judge straight out if this is a civil proceeding, or is this a criminal proceeding,
the judge will usually just say; this is traffic court. In a number of states the traffic violations are
openly termed civil violations. However, these civil violations are tried in criminal court
proceedings. How is that possible? Go ask the Mad Hatter. It is something that could only make
sense to a mad hare, or to judges of the corrupt and twisted judicial system.
A person asked the judge once in court; is my traffic ticket a civil matter, or a criminal matter?
The judge answered, well the ticket itself is civil, but the case is tried in a criminal procedure,
although certain aspects of the traffic ticket at trial may be consider to be civil in nature.




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SOME VERY IMPORTANT THINGS FOR YOU TO KNOW
BEFORE YOU BEGIN TO SERVE AND FILE YOUR
COMMON LAW DEFAULT DOCUMENTS

1. The common law default will not work, unless you timely serve all of the common law
default legal documents upon the prosecutor in your case, and then file all copies you
served upon the prosecutor with the court. Both steps are required! Rarely is a prosecutor
used in traIIic courts these days. However, the people`s claim must be prosecuted by
someone. See Whose the Prosecutor section in this guide to help you decide who to
serve your common law default documents upon.

2. I strongly recommend, that you do not serve any of the common law documents until
after your arraignment (legal proceeding where the defendant enters a plea.) Why? In a
number of cases when the default documents were filed prior to arraignment, the judge at
the arraignment attempted to prevent the default by saying that he or she denies the
deIendant`s motions Ior dismissal. The arraignment is not good time to Ior the victim to
have handle this type of interference from the bench. Waiting until after the arraignment
to serve and file the default documents prevents this from happening.

3. As with a great many things, there can be exceptions. Some courts in a few states
combine the arraignment and the trail. In this case, it become necessary for the victim to
serve and file their documents before arraignment. Unless you know for sure that the
arraignment and trial is separate in your situation, call the court clerk and ask if there is a
separate arraignment and trial for traffic cases in that court.


4. Before serving and filing your documents read How to Serve and File Your Documents
contained within this guide.






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WHAT IS INCLUDED IN THE COMMON LAW DEFAULT
PROCESS PACKAGE FOR TRAFFIC TICKETS

The common law default process for traffic tickets is make up of the following documents:
1. The Affidavit of Truth
2. The Notice of Default and Three Day Notice to Cure
3. The Final Notice of Default
4. The Motions to Dismiss
5. The Writ of Praecipe
6. The Writ of Mandamus
Included in the common law default process is also a document called the Acceptance of
Constitutions and Oaths of Office. This document is not utilized in the direct application of the
common law default process. However, this document greatly assists in applying pressure upon
the judge to dismiss your case. The Acceptance of Constitutions and Oaths of Office document
legally binds the judge to their oath of office and applies additional pressure on them to uphold
the common law default.


STEPS FOR SERVING AND FILING THE COMMON LAW
DEFAULT DOCUMENTS FOR TRAFFIC TICKETS

GENERAL INSTRUCTIONS FOR PREPAIRING YOUR DOCUMENTS:
All documents are saved in Microsoft Word 1997 to 2003 format and allow any user having MS
Word 1997 or later on their computer to edit the documents. Within the documents there are
color highlighted areas which the user must type in information pertinent to them and their case.
Just follow the examples provided in the highlighted area when typing in your information. You
will need to turn off highlighting before printing out your documents. Please see How to Turn
Off Highlights contained within this users guide.
When you have finished completing the document print out three copies of your document if
serving and filing the document[s] in person, or four copies if you are serving and filing your

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document[s] by mail. (See How to Serve and File Your Documents contained within this user
guide for more information on this subject.)

STEP 1: Serve and File the Affidavit of Truth
Fill out the Affidavit of Truth. This document lawfully notices the claimant, or the
prosecutor for the people` in your case, that you rebut the claims oI the people
and informs the prosecutor of their legal duty to timely rebut (giving them *10
days to answer) what`s in your aIIidavit, or they will be in lawful default of the
people`s claim against you.
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STEP 2: Serve and File the Notice of Default and Three Day Notice to Cure
Ten days after serving and filing the Affidavit of Truth serve and file the Notice
of Default and Three Day Notice to Cure. This document notices the prosecutor of
their failure to timely rebut your claims in your Affidavit of Truth, and that they
are thereIore in deIault oI the people`s claim against you. The document also
informs the prosecutor that they have 3 days to cure the default, or you will file a
Final Notice of Default in the case making the default final and lawfully
established.

STEP 3: Serve and File the Final Notice of Default, Motions to Dismiss, and
the Writ of Praecipe
Three days after serving and filing the Notice of Default and Three Day Notice to
Cure, serve and file the Motions to Dismiss and the Writ of Praecipe.




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Final Notice of Default
The Final Notice oI DeIault is the prosecutor`s Iinal notice that; 1. a default has
been legally recorded against prosecutor in this by the accused, and 2. the
prosecutor must dismiss this case, and failure to dismiss makes them personally
liable for legal action any legal action against them by the accused.

Motions to Dismiss
The Motions to Dismiss document lists a number of lawful grounds to support
dismissal of your case. Your case should be lawfully dismissed solely upon the
lawful default of the prosecutor. However, it is prudent to provide a list of other
strong lawful grounds for dismissal. This provides the judge with a way in which
to dismiss, without having to admit to the fraud of the cop, of the prosecutor, and
of the court. Which the judge would be insane and/or self destructive to do.

Writ of Praecipe
A writ is a command, or lawful instruction given by a higher authority to do
something that the person upon whom it is served has a lawful compelling duty to
follow. In this case, the writ is served upon the court clerk. The court clerk has a
lawful duty to dismiss the traffic case of the victim when a lawful default has
been entered into the court record of the case in favor of the victim (defendant).

STEP 4: Serve and File the Writ of Mandamus
The court clerk has three days to enter default in your case once served with the
Writ of Praecipe. Court clerks have the autonomous power to dismiss a case
whenever a lawful default is recorded into the court record. However, most all of
them are clueless as to the power that has been granted unto them by law.
It is very unlikely that the court clerk will enter a default in your case and then
dismiss it. none have thus Iar in my experience. This is where the power of the
Writ of Mandamus comes into play. While the Writ of Praecipe commands the
court clerk, the Writ of Mandamus commands the court to do its ministerial duty
by commanding the court clerk by authority of the court to dismiss the case.

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Serve and file the Writ of Mandamus three days after serving and filing the
Motions to Dismiss and the Writ of Praecipe.

STEP 5: Serve and File the Acceptance of Constitutions and Oaths of Office
The Acceptance of Constitutions and Oaths of Office is not utilized in the direct
application of the common law default process. However, this document greatly
assists in applying pressure upon the judge to dismiss your case. The Acceptance
of Constitutions and Oaths of Office document legally binds the judge to their
oath of office and applies additional pressure on them to uphold the common law
default.
The Acceptance of Constitutions and Oaths of Office must be addressed to the
person holding office by name and not by the name of their office. For example,
to serve the prosecutor in your case you would address the document to John P.
Smith, Kern County District Attorney.


HOW TO TURN THE HIGHLIGHTING
OFF WITHIN THE DOCUMENTS

If your highlighting tools are not visible at the top of your MS Word processor window tool bar
section: Click on Tools and then Options under the Tools drop down menu, and then under the
Options menu click View` and in the Iirst column check the Highlight` box, then click the
OK` button. The highlight toolbar should now appear at the top oI your MS Word process
window.
If your highlighting tools are already visible at the top of your MS Word processor window tool
bar section: Chose Edit from the top toolbar and then chose Select All` Irom the Edit menu.
Once all of the text is highlighted click on the down error next to the highlight icon on the
Highlight` toolbar and choose None`. This will turn oII all highlighting.
If you want to just turn off selected highlighting then place you cursor in front of the highlighted
word(s) and while holding down the left mouse button drag the cursor across the highlighted
word and then chose None` Irom the drop down menu on the highlight toolbar.