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Attorney Pro Se Makedah Hubbard 4426 Hugh Howell Rd. 103 Tucker, Georgia 30084

STATE COURT OF DEKALB COUNTY ) ) CASE: 12C43999 ) 556 N. McDonough Street ) Case Ref: 24505277/NCIC# GA0440200 ) 24505278/NCIC# GA0440200 Decatur, Georgia ) ) Plaintiff ) ) vs. ) ) ANSWER and DEFENSES TO ACCUSATIONS HUBBARD, MAKEDAH S. ) ALLEGED by PROSECUTION ) Respondent ) ) ) ) ) STATE OF GEORGIA Pursuant to O.G.G.A. 9-11-12, Respondent hereby enters the following answers, defenses and objections to the State Court of Georgia prosecutions claims of two counts of alleged traffic violations by Respondent. Respondent moves the Court to exonerate

Respondent of all charges; and dismiss Plaintiffs Complaint with prejudice. The bases for this Motion are set forth in the accompanying Memorandum. Dated this 1st day of April ,2011

Makedah Hubbard 4426 Hugh Howell Rd. Tucker, Georgia

Answer to Prosecution Accusations - 1

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Attorney Pro Se Makedah Hubbard 4426 Hugh Howell Rd. 103 Tucker, Georgia 30084

STATE COURT OF DEKALB COUNTY ) CASE: 12C43999 ) ) ) Case Ref: 24505277/NCIC#GA0440200 ) 24505278/NCIC#GA0440200 ) ) ) ) MEMORANDUM IN SUPPORT OF ) ) ANSWERS AND DEFENSES TO ) ACCUSATIONS ALLEGED by PROSECUTION )

STATE COURT OF DEKALB COUNTY 556 N. McDonough Street Decatur, Georgia

Plaintiff vs. HUBBARD, MAKEDAH Respondent

COMES NOW Makedah S. Hubbard, Respondent, pursuant to O.G.G.A. 911-12 and for her cause states the following: Historical Facts:

The Respondent was called to answer alleged traffic charges from 08 November 11, against her in the DeKalb Recorders Court issuing agency DeKalb Police Department in which Respondent asserts her right to a Fair Trial, a Speedy Trial, and a Trial By Jury in the State Court causing the case to be bound over to the State Court of Dekalb County Georgia. FIRST DEFENSE

Respondent asserts that this court fails to state a claim upon which relief can be granted. SECOND DEFENSE Respondent asserts that this court lacks jurisdiction over the person

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THIRD DEFENSE Respondent asserts that this court lacks jurisdiction over the subject matter of this case FOURTH DEFENSE Plaintiff is barred from any relief based on plaintiffs violations of State Code and State Constitutional Laws. FIFTH DEFENSE Respondent generally and specifically denies each and every allegation contained in the prosecutions complaint and each and every cause of action thereof.

ARGUMENT COUNT 1 I. Plaintiffs Complaint Fails To State a Claim Upon which Relief Plaintiffs claim must be dismissed because the legal

May Be Granted.

claims are without merit. Respondent never sped through a School Zone, and no Traffic Citation is to be issued for violations of O.C.G.A. 4014-5. Officer Phillips failed to comply with Georgia Code Section 40The accuracy, calibration, and maintenance Any Laser

14-5 at the traffic stop.

history of the speed detection device failed calibration. speed detection device that does not meet minimum accuracy

requirements must be removed from service. The laser device used must be removed from service as it failed calibration check at the traffic stop. DeKalb County Police Department Open Records Unit failed to

provide the accuracy requirements and proof of calibration and maintenance history of the Laser Device used to detect Respondents speed in response to an Open Records Request issued on November 21, 2011 pursuant to (O.C.G.A 50-18-70 et seq). The Open Records Clerk

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stated that requested documents will be provided to Respondent if they have them. Respondent never received valid supporting documentation

as to the accuracy and calibration of the Laser Speed Detection Device. II. Plaintiffs Complaint Fails to State a Claim upon which Relief Plaintiffs claim must be dismissed because the legal

May Be Granted.

claims are without merit. The Respondent moves the court to grant dismissal on fatal flaws on the Traffic Citation and in the Official Code Georgia Annotated. The Georgia Supreme Court Chief Justice

proclaims that traffic offenses clog our Georgia courts...many of our citizen dont realize that Georgia criminalizes minor traffic offenses, entitling the offender to a jury trial if requested...most states treat these as minor traffic offenses...the council recommends in its report creating a new class of violations.so they are no longer treated as misdemeanor crimes. Respondent is aware that

Georgia criminalizes everything and that these offenses fit in the new class of violation where it should no longer be treated as a criminal offense. III. Plaintiffs Complaint Fails To State a Claim Upon which Relief May Be Granted. Plaintiffs claim must be dismissed because the legal

claims are without merit. DeKalb County Police Department Open Records Unit failed to provide Respondent with the issuing agency DeKalb Police Department FCC License for speed detection devices, failed to produce the issuing Officers POST Laser Certification, failed to produce the issuing Agencys Permit for Speed Detection Devices from the Department of Public Safety, failed to provide the proof of Annual Certification for the laser device, failed to provide the speed detection device permit, failed to provide the speed detection device

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Certificate of Calibration, failed to provide the speed detection device Certification of Service prior to date of service from Department of Public Safety. Plaintiffs have violated all code sections of Georgia Annotated Code 40-14 et. seq.

COUNT TWO IV. Plaintiffs Complaint Fails To State a Claim Upon which Relief Plaintiffs claim must be dismissed because the legal Plaintiff wrote on the Traffic Citation

May Be Granted.

claims are without merit.

that the Respondent was Talking On the Phone while allegedly speeding through a school zone. Plaintiffs claim lacks merit since

code section 40-6-241 states that proper use of radios and mobile telephones allowed; 40-6-241.1 applies to drivers under the age of 18; and 40-6-241.2 for drivers over 18, a driver allegedly talking on a cell phone is not prohibited under this code section. IV. Plaintiffs Complaint Fails To State a Claim Upon which Relief May Be Granted. Plaintiffs claim must be dismissed because the legal claims are without merit. There are fatal flaws in the Official Code

of the Georgia Annotated supported by The Georgia Supreme Court Chief Justice who proclaims that traffic offenses clog our Georgia courts...many of our citizen dont realize that Georgia criminalizes minor traffic offenses, entitling the offender to a jury trial if requestedmost state treat these as minor traffic offenses...the council recommends in its report creating a new class of violations.so they are no longer treated as misdemeanor crimes. Respondent is aware that Georgia criminalizes everything and that these offenses fit in the new class of violation where it should no longer be treated as a criminal offense.

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Prosecution has no standing, lacks jurisdiction and has no claims to which any relief should be granted.

CONCLUSION Whereas, Plaintiffs are in violation of Georgia Code 40-14 et.seq., and whereas Plaintiffs have denied Respondent her Constitutional Speedy Trial, was not tried at under statutory requirements and is therefore absolutely discharged of any accusation Georgia Code 17-7-170; and whereas Respondent is exempt from any violation of code section 40-6-241, and whereas Prosecution has no standing, lacks jurisdiction and has no claims to which any relief should be granted. Defendant must be exonerated of any charges, and all charges dismissed with prejudice. Dated this , 2012

Attorney Pro Se Makedah Hubbard 4426 Hugh Howell Rd. 103 Tucker, Georgia 30084

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